Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boca Raton

Cambodia’s Version of an Amicable, Court-Free Divorce

Janet Langjahr — Wed, 08 Oct 2008 04:01:15 +0000

Some Cambodians are dissatisfied with their divorce courts - even more so than people in this country are with ours.

A Cambodian Husband decided to divorce his Wife, because he didn’t feel that she tended to his care during an illness.

They decided to try to circumvent the courts as much as possible in their separation.

Husband was willing to leave the kids with Wife, without any wrangling.

As to property, under Cambodian law, it is divided equally.

And so it was.

Husband sawed the couple’s house in half, right down the middle.

A quick, inexpensive resolution, if not entirely satisfactory.

Men Stake Out Crane to Draw Attention to Perceived Unfairness to Fathers in Certain States’ Family Courts

Janet Langjahr — Sun, 05 Oct 2008 04:54:40 +0000

Two men took a stand on a crane on Ohio State University’s campus in support of fathers’ rights in child custody disputes.

Dressed as superheroes, they called on Ohio’s and California’s governors to start investigations into their states’ respective family court systems.

They claim that the courts are corrupt because perjury consisting of false allegations is not prosecuted.

The men described their actions as “civil disobedience” which is necessary to draw the public’s attention to the fact that the deck is unfairly stacked against fathers in family court.

The University declined to comment on the men’s actions and Ohio’s governor is declining to act on the men’s calls to investigate the state’s family courts.

Probably not the most effective lobbying technique but …

Quebec Judge Argues His Wife Isn’t Entitled to Half of His Pension Under Equitable Distribution Type Legal Framework

Janet Langjahr — Sat, 04 Oct 2008 03:52:07 +0000

Quebec couple married for twelve years, after living together for seven years. Husband is more than 20 years older than Wife.

Husband is a judge. Wife is a perpetual student, working temporary and/or part-time jobs from time to time during the marriage.

Husband has accumulated nearly one million dollars in retirement savings, most of it during the marriage.

Quebec apparently has a property division framework similar to the equitable distribution principles in effect in Florida and many other US states, with marital property generally being divided equally unless there are special circumstances.

Husband contended that this was such a case and that it would be unjust to divide his pension evenly because Wife hadn’t contributed financially to the marriage and he had borne most of the financial responsibilities in the marriage. Sort of an attempted revival of a bygone legal standard for property division.

At trial, the Court rejected Husband’s argument and gave the Wife half of the portion of Husband’s pension that was marital.

On appeal, the intermediate level appellate court reversed.

On the second tier appeal, the Supreme Court reversed again, holding that equal division of the marital portion of Husband’s pension was not so inequitable as to warrant setting aside the trial court’s ruling. The court looked to the fact that it was a joint decision of the marital partnership that Wife go to school and only work part-time or sporadically.

How to Protect Your Credit Rating in Divorce

Janet Langjahr — Fri, 03 Oct 2008 04:50:25 +0000

Once the divorce is out in the open, sometimes activity on the credit cards of one or both spouses suddenly escalates.

This can happen due to one spouse’s lack of cash to live on. It can also happen due to the malice of a spouse. Or any number of other reasons…

Both spouses’ credit ratings can potentially experience dramatic impacts in a very short timeframe.

A mortgage broker offers advice on protecting your credit.

It may be prudent to order a credit report early in the game, to gather all the pertinent debt information.

What is the current outstanding balance of each debt?

Is each debt secured or unsecured?

Who is legally responsible to the creditor on each debt?

(Which may have nothing to do with who family court assigns payment of the debt to.)

Does the current value of any security exceed the amount of the outstanding balance?

Can the security be sold to pay the debt?

Of course, while protecting your credit rating is important, sometimes there are other considerations as well.

Like short-term survival until court-ordered temporary support.

Sometimes the steps you should take to protect your credit rating will also deny you much-needed short-term access to credit to cover living expenses.

You’re Never Too Old to Divorce

Janet Langjahr — Thu, 02 Oct 2008 03:25:01 +0000

An elderly Singaporean Husband wants a divorce from his Wife - after more than twenty-five years of marriage.

Husband alleges that his Wife has engaged in “unreasonable behaviour, distrust and irresponsibility”, mostly pertaining to money.

The Wife denies the allegations and further alleges that the Husband is guilty of bigamy and harassment.

The Wife is Husband’s third wife.

Husband’s second wife, of twenty-four years, died, but the first wife cheated on him with his own brother.

A veteran of two long-term marriages, Husband is 96 years old.

SC Mother Served with Summons for 12 Years Past Due Child Support - 63 Cents - Or Else

Janet Langjahr — Tue, 30 Sep 2008 05:05:56 +0000

South Carolina Mother served with summons for child support. Past due child support.

Twelve years, to be precise. Children are long since grown.

But that doesn’t void the legal duty to pay.

The entire arrearage.

All 63 cents of it.

Or else.

According to a new computer system utilized by the South Carolina courts.

But the Mother says she discharged her entire obligation twelve years ago, and received a notification to prove it.

Hope she saved it. It can be difficult to prove to those computers that they’re wrong.

WI: Stepparent Does Not Stand in Non-Custodial Spouse Parent’s Shoes With Regard to Visitation Rights

Janet Langjahr — Mon, 29 Sep 2008 05:03:04 +0000

Wisconsin ex-husband, Father, is deployed in military. Father “assigns” his visitation time to his new wife, Stepmother.

Ex-Wife and Mother refuses to allow Stepmother to have Father’s full extended summer visitation period. But Stepmother is willing to allow Stepmother some visitation in Father’s absence.

Wisconsin actually has a statute allowing a court to grant “reasonable” visitation rights to a stepparent under the right circumstances.

Under that statute, the trial court awarded the Stepmother Father’s full extended summer visitation.

On appeal, the ruling was reversed because a fit custodial parent has a fundamental right to make decisions concerning his or her child, and custodial visitation rights are not transferrable. There was no showing of special circumstances entitling Stepmother to visitation rights under the statute.

This ruling is consistent with the line of grandparent visitation cases in various states since a landmark US Supreme Court case in 2000.

Put another way, timesharing is for the parent, not the stepparent (or grandparent). Nonetheless, disputes over children being left with stepparents during visitation are incredibly common.

Former Florida Husband Held in Contempt for Complying with Court’s Order. Technically.

Janet Langjahr — Sun, 28 Sep 2008 04:47:24 +0000

A Florida family court awards Wife $5,000 as a lump sum payment from Husband.

Husband is angry.

Husband knows he must comply with letter of order. But decides to play fast and loose with the spirit of the order, for maximum effect.

So Husband pays, in full - with wheel barrels full of pennies. 500,000 of them. Delivered to Wife’s attorney’s office.

It is legal tender. But …

Now Former Wife asks Court to hold Former Husband in contempt.

And the Court does, ruling that the Former Husband intended to harass Former Wife.

In-Laws Refuse to Return Couple’s Pets to Widowed Daughter-in-Law Despite Court Order

Janet Langjahr — Sat, 27 Sep 2008 04:19:07 +0000

New couple move into (guest) house on Husband’s parent’s property. Couple adopt two pet dogs.

Four years later, Wife moves out and gets an apartment. Wife leaves pets with Husband, but visits them often.

Couple files for divorce. The family court orders Husband not to dispose of any marital property or the couple’s pets.

Somewhere along the way after that, the Husband asks his parents to take care of the dogs.

Then the Husband dies of a drug overdose. The Wife then requests that Husband’s parents turn the dogs over to Wife.

Husband’s parents refuse. Who should get the dogs?

A trial court inexplicably rules that Husband’s parents are entitled to keep the dogs. Wife appeals.

The appellate court reverses and orders Husband’s parents to relinquish the pets to Wife, finding that the prior court order prohibited Husband from giving the dogs to his parents.

But Husband’s parents still refuse to give up the dogs. They describe the appellate court’s ruling as irrelevant or moot.

Apparently the Wife and her in-laws have been parties to multiple litigations. One was recently settled and the settlement agreement reportedly contained some language that arguably put to rest all disputes between them before the appellate court issued its ruling.

Depending on the precise wording of the release clause of the settlement agreement, the Husband’s parents’ reasoning may be questionable.

But it’s probably not questionable that they will all be back in court again soon.

Mildly Mentally Retarded Bio Parents Beware: Your Kids are More Likely to Be Removed than from Parents Who Have Already Abandoned, Abused or Neglected Their Children

Janet Langjahr — Thu, 25 Sep 2008 04:36:20 +0000

A Canadian couple just lost their sixth child to Child Protective Services.

They haven’t abandoned, abused or neglected any of their children.

They haven’t had the chance. Each child has been taken into protective custody shortly after birth.

It hasn’t been because the parents are in jail. Or drug addicts. Or alcoholics. Or abusers.

Or any of the other usual reasons.

It’s because they aren’t intelligent enough to raise children - maybe.

The Mother is borderline mentally retarded. They both had poor upbringings that left them facing serious challenges.

But it really isn’t clear that they are incapable of rearing the family they desperately want.

While one parenting evaluator gave them both a thumbs down, another thought that they could do it together, especially with in-home support services.

Services extended to many other parents who have an actual history of abandonment, abuse and/or neglect.

Yet this couple hasn’t been given a chance to parent - and barely a chance to have contact with the children taken from them.

Even though they’ve taken parenting classes, offered to share parenting with a third party that doesn’t share their challenges and have generally successfully challenged various allegations by the government.

Even a couple of judges seem to think they might be able to pull it off.

But the law, which applies to some one and one-half million Canadians, apparently doesn’t permit those judges to follow their instincts.

There’d probably be a lot fewer parents raising families if every parent who wanted to have a family had to undergo a parental capacity assessment.

There’d probably even be some very surprising assessment results.

One has to wonder about the disparate treatment that raises a de facto presumption that children should be taken from the mildly mentally handicapped at birth, but only removed from other parents after they have already actually abandoned, abused and/or neglected their children.

Army Colonel Cheats on Paternity Test to Avoid Court-Ordered Support, Is Convicted for His Fraud, Then Tries to Reduce His Payments Due to The Reduction of His Income Because of His Convictions

Janet Langjahr — Wed, 24 Sep 2008 04:22:22 +0000

Army colonel did not want to pay court-ordered child support beyond his small voluntary payments. How badly did he not want to pay additional child support?

Badly enough to allegedly engage in fraud in the paternity testing process, specifically, having someone else take the paternity test for him. For which he was recently convicted of “attempted theft by deception, solicitation to tampering with public records, solicitation to fabrication of evidence and being an accessory to obstruction of the administration of law”.

Apparently undeterred, the military man now seeks a reduction in his increased court-ordered support payments, because his income has been halved since he retired from active duty as a result of his convictions.

The applicable child support enforcement agency has indicated its intention to oppose any reduction in the officer’s child support.

A Colonel. In the US armed forces.

South Florida Man Killed By Police Before Temporary Order of Protection Made Permanent

Janet Langjahr — Tue, 23 Sep 2008 03:34:57 +0000

A Broward County judge entered a temporary injunction for protection against domestic violence against a South Florida Husband who allegedly entered his Wife’s home and searched the house she shared with their three sons, machete in hand, for a phantom boyfriend. The injunction was to protect both Wife and the children.

The injunction required the Husband to surrender any guns in his possession.

Still, a few days later, the Husband reportedly walked the parking lot in the apartment complex where he was staying with a relative, shooting a gun off at cars parked there.

Police shot and killed the Husband - before the date of the hearing to make the injunction permanent.

Tragic Sudden Death of UK Mother in India Strands Her Two Babies with Indian Biological Father of One Baby While Grandmother Awaits Return in UK

Janet Langjahr — Mon, 22 Sep 2008 14:55:01 +0000

Young UK Mother has two babies, ages one and two years old, one from a previous relationship and one with her fiance, an Indian national.

Mother and kids move to remote area of India with now-husband. They are pursuing an “alternative lifestyle”.

Mother dies suddenly, apparently due to complications related to her asthma and, possibly, poor medical care. Foul play is not suspected.

Husband’s visa has expired. Husband and both children are stranded in India. Grandmother wishes Mother’s body to be returned to UK for burial.

Grandmother, who is legal guardian to elder baby, is advised not to go to India.

Grandmother fears children are not well either.

Husband is now quoted as saying “I want to stay in the UK but I won’t let my kids go on a plane on their own. I won’t let them leave without me.”

Unusual potential three-way international child custody dispute brewing over two babies now in India?

Hopefully not. India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.

UK To Begin Teaching Child Support System in Elementary Schools

Janet Langjahr — Sun, 21 Sep 2008 04:29:26 +0000

Delinquency in child support is a huge problem in this country. And in the UK too.

In the UK in 2005, there were 330,000 cases in arrears, to the extent of 3 billion UK pounds.

So the Brits came up with a hoped-for solution to stem the tide.

A new class in elementary school that will teach children to assume responsibility for supporting their own children. As well as the consequences of failing to do so - right down to the lengths of jail sentences they can expect for their delinquency.

At the same time, the UK’s support enforcement agency is lobbying for greater enforcement powers, such as the ability to confiscate passports and revoke driver’s licenses administratively, without judicial process.

This new class may do more than sex education to reduce unwanted teen pregnancies. Perhaps the US should follow suit …

MN Mother’s Last Resort in Custody Battle: Fraudulent Custody Order

Janet Langjahr — Sat, 20 Sep 2008 03:00:25 +0000

Minnesota Mother goes to Wisconsin and reports Father to police for having their five kids with him wrongfully.

Mother produces a 2005 court order awarding her custody of the children.

Police go to the Father’s home to investigate at about 11pm.

The children, all present, all appear to be fine. Some of them are asleep in bed.

The Father produces a custody order too, but his is from 1999.

The Mother is very agitated.

The police turn the children over to their Mother, who returns to Minnesota with them.

The next day, the police learn that the Mother’s more recent custody order is fraudulent.

The Mother is taken into police custody in short order and the children are temporarily taken into protective custody by Minnesota.

Most of the children are later returned to the Father’s custody.

The Mother will be extradited to Wisconsin to face charges of interference with custody.

Absent Abandonment, Abuse or Neglect of a Child, Should the State Sit in Judgment, Second-Guessing a Parent’s Decision as to What is in that Parent’s Child’s Best Interests?

Janet Langjahr — Thu, 18 Sep 2008 04:09:39 +0000

Issue presented: absent abandonment, abuse or neglect of a child, should the state sit in judgment, second-guessing a parent’s decision as to what is in that parent’s child’s best interests?

Some recent Canadian court decisions:

“The case involved a separated father who had been granted custody of his 12-year-old daughter. He had refused to let her go on a school trip for chatting on websites he disapproved of, and because she had posted images of herself online which he deemed “inappropriate”.

“The girl objected, the lawyer appointed to represent her interests after the parents’ separation intervened, and the father was taken to court. The court found in favour of the girl on the basis that the punishment was too severe.”

I recently posted on another Canadian decision Canadian Children Taken Into Protective Custody To Save Them From … Parents’ Offensive Political Views striking a similar chord.

The editorialist criticizes an alarming trend toward “nationalisation” of children - and opposes it taking root in his country, Ireland, in the name of a proposed amendment to the Irish constitution characterized as “protecting children’s rights”.

MI and FL: Random Dispositions for Failing to Report Child Abuse

Janet Langjahr — Wed, 17 Sep 2008 05:02:27 +0000

In Mississippi:

Stepfather is convicted of allegedly abusing two year old Mississippi Baby, including biting him, and is sentenced to twenty years in prison.

Baby received medical treatment after the abuse, thanks only to Grandmother’s intervention - over Baby’s Mother’s objections.

Mother was concerned that Stepfather, her husband, would “get into trouble” for abusing Baby.

Mother pled guilty to the charge of accessory after the fact to child abuse, for failing to report Stepfather.

For her admitted crime, Mother is sentenced to one year of “house arrest” and four years of supervision by the Department of Corrections.

There is no indication that Baby was removed from Mother’s care for her failure to protect Baby.

In Florida:

Teenager is charged with sexual battery allegedly perpetrated on five year old Victim at a religously affiliated Florida daycare center. The Victim’s older brother was reportedly a witness to the molestation.

Adult Employee left Teenager and Victim alone together.

Employee is arrested for failing to report child abuse. Teenager and Victim’s brother both claimed to have told Employee about the sexual assault. But Employee denies knowledge of the assault.

Under Florida law, one is required to report child abuse by “a parent, legal custodian, caregiver or other person responsible for a child’s welfare“.

The prosecution ultimately drops the charges against Employee, because Teenager does not fall under the category of abusers that the statute is aimed at. Therefore, Employee is not legally required to report the abuse.

There is no indication that Employee is barred from working in child care.

So much for crimes arising out of failure to report child abuse ….

How to Find Hidden Assets in Divorce

Janet Langjahr — Tue, 16 Sep 2008 04:21:45 +0000

When the marriage starts heading south, it’s time to start paying attention to the finances - especially for spouses who never paid attention before. With some spouses, the window of opportunity to prove the existence of assets and that they are marital will close rapidly.

So it may be important to act quickly. And it may be necessary to engage various experts, ranging from divorce financial investigators to forensic computer analysts.

The things to look at, preserve and copy may include joint and the other spouse’s:

Credit card receipts
Credit reports
Cellular phone bills
Personal computers
Laptop computers
Cellular phones
Text messages
Secret e-mail addresses
Internet surfing histories
Offshore accounts
Tax returns
Safe deposit boxes
Credit card statements
Insurance documents
ATM receipts
Bank statements
Brokerage account statements
Other investment account statements
And so on

Once you have your hands on them, study them, or have an expert do so.

Convicted New York Murderess Seeks Jailhouse Visitation with Five Year Old Child

Janet Langjahr — Mon, 15 Sep 2008 03:46:12 +0000

New York Mother and her mother, Grandmother, battle for custody of Child. Father is not in the picture at the time.

Mother allegedly murders Grandmother. Mother is convicted of the killing and sentenced to twenty-five years to life.

During the criminal investigation, Father discovers he is Child’s Father. Father wins custody of Child.

Now, Mother seeks visitation with five year old Child at the prison where she is incarcerated.

Father opposes Child visiting Mother in jail.

A New York court will rule on the prison visitation next month.

Oklahoma Program Helps Deadbeat Noncustodial Parents Become Employable and Find and Keep Jobs to Pay Support

Janet Langjahr — Sat, 13 Sep 2008 23:58:27 +0000

One Oklahoma county is testing a new approach to child support enforcement.

Separate the noncustodial parents who don’t want to pay from the noncustodial parents who do want to pay but can’t, because they don’t have a job.

For the noncustodial parents who fall into the second category, a Court Liaison works with local organizations to help them become employable, find and keep a job, in return for regular support payments. The Liaison also keeps tabs on the noncustodial parents.

The employers who hire the noncustodial parents receive a tax credit as well as an employee.

UK Husband Convicted of Murder After Wife’s Request that He Move out of the Marital Residence Due to Affair

Janet Langjahr — Sat, 13 Sep 2008 03:58:29 +0000

UK Husband had been a forensic accountant. Just the type of expert professional who might have made his career “following the money” and testifying in divorce cases.

Only this time, the matter at hand wasn’t someone else’s divorce. It was his own Wife whose lawyer had written him a letter asking him to leave the marital home.

He was having an affair. But he didn’t want to leave the marital home or his children.

So he argued with Wife one evening about leaving the home. The argument escalated.

He reportedly banged her head against the floor and doorframe.

And then he allegedly grabbed several kitchen knives and began stabbing his Wife. In all, eighty-six times.

While he had a history of mental illness and offered that as a defense, there was no evidence to suggest that his mental illness was not well-managed at the time of the killing.

He was charged with murder and later convicted and sentenced to life in prison with no possibility of parole for nineteen years.

PA: Bench Warrant Issued for Mother Who Retained Child After Extended Summer Visitation

Janet Langjahr — Fri, 12 Sep 2008 04:20:48 +0000

Pennsylvania Father and Mother divorce. Father gets primary custody of Child, who is now five years old.

Mother takes her extended summer vacation time with Child. At the end of her visitation, Mother is supposed to drop Child off at paternal grandparents’ home in Ohio.

Five days after the scheduled drop-off date, no word from Mother or of Child. Father finds out Mother has taken leave of absence from her nursing job.

It is not believed that Child has a passport. A Pennsylvania Court issues a bench warrant for arrest of Mother for failing to return the Child.

Father is exploring other criminal remedies as well as obtaining civil orders for pickup of the child by law enforcement officers for return to the County where he resides.

Unfortunately, such an order won’t be very useful if the Mother and Child can’t be found.

Of course, Father can alert the State Department not to issue a passport for Child - if one hasn’t already been issued.

Marriage Certificate, Then Premarital Testing for … the Divorce Gene?

Janet Langjahr — Thu, 11 Sep 2008 04:11:01 +0000

Swedish scientists have isolated what has been dubbed The Divorce Gene.

Of course, the presence of the so-called Divorce Gene doesn’t guarantee that the person with the gene will get a divorce.

But there is a statistical correlation between the presence of the gene and the brain chemistry’s influence in weakening or countering bonding.

This discovery could potentially lead to a treatment that “cures” predisposition for divorce.

Failing that, it may lead to development of a test that could measure the extent of the gene-bearer’s predisposition for divorce.

So it may be possible to determine by genetic testing prior to marriage who may be at greater risk for marital difficulties and divorce.

North Carolina Grandparents Lobby for Grandparent Visitation Rights Statutes

Janet Langjahr — Tue, 09 Sep 2008 04:16:15 +0000

Grandmother often took Grandchildren into her home to watch them and visit with them.

Grandmother had argument with oldest daughter and son-in-law in November of 2005.

Since then, Grandmother has been denied any contact with Grandchildren.

This is not the most common scenario under which grandparents lose access to grandchildren.

Generally, there is a divorce, or death of their child. Or the grandparent reported suspicions of child abuse or neglect to authorities.

Under the current state of the law in many states following US Supreme Court rulings whittling away grandparents’ visitation rights, a parent generally need not justify denial of contact with grandchildren.

But that doesn’t stop grandparents from trying to change the law. In North Carolina alone, there are hundreds of grandparents who have been torn from their grandchildren’s lives.

Sometimes the wedge carries over to block access with other grandchildren by other parents too.

Abandoned North Carolina grandparents have banded together in Grandchildren/Grandparents Rights of North Carolina. They are a support group and lobbyists rolled into one.

They are advocating for a law to allow grandparents to seek visitation in court.

Abducting Parent Confesses Guilt Abroad Based on Misinterpretation of Consequences of Hague Convention

Janet Langjahr — Mon, 08 Sep 2008 04:03:41 +0000

Gay male Manhattan couple adopt Baby together, using a surrogate mother.

Couple splits up before very long.

Court awards rotating joint physical custody.

Dad is awarded the weekends. Pop is awarded the weekdays.

Not satisfied, Dad allegedly procures a fake driver’s license - using Pop’s information.

Dad uses it to apply for a passport for Baby.

One visit, Dad asks Pop for a couple of extra days with Baby. Pop agrees.

Comes time for the return, Dad doesn’t show up at the agreed time. Or later.

Dad sends Pop an e-mail informing him that he has taken Baby to Israel - and will not be returning to the US.

New York cops call Dad on his cell phone. Dad freely admits his actions.

What gives? Simple.

Dad has studied the Hague Convention on the Civil Aspects of International Child Abduction. In Dad’s legal opinion, under the Hague Convention, Dad may remain with Baby in Israel.

Dad further concludes that Israel will not extradite him for mere custodial interference.

Dad, in effect, acted as his own lawyer - and, at his own peril, misinterpreted the law.

Based on Dad’s conduct, the New York court revokes Dad’s visitation.

And, contrary to Dad’s legal opinion, the Israeli family court rules that it has no jurisdiction, under the Hague Convention or otherwise. It holds that New York has jurisdiction over Baby.

Meanwhile, Dad is charged with custodial interference in New York. Other charges may follow.

Unfortunately for Dad, conviction for custodial interference carries a sentence of up to four years’ imprisonment.

Dad really should have consulted with an attorney.

MN Family Court Judge Accused of Ethical Violation for Appointing His Lawyer As Mediator in Cases on His Docket, Allegedly in Return for Partial Writedown of His Own Divorce Legal Bill

Janet Langjahr — Sun, 07 Sep 2008 04:20:52 +0000

Minnesota judge goes through divorce. By the end, he owes his attorneys over $100,000.

Judge reportedly begins appointing attorney with his divorce law firm to mediate cases on his docket. Nineteen to be precise.

The judge had never appointed this attorney to mediate cases on his docket before his own divorce case. The lawyer reportedly was not qualified for one of the appointments.

The law firm cuts the judge’s divorce legal fees bill by $64,000. There are reportedly e-mails in which the judge proposes a discount for payment in a lump sum.

The judge also allegedly writes “[t]here is also a very substantial past, and future, benefit to you from significant business referrals we have made, in excess of the compromise we are asking for.” The appointed lawyer, indicating she is entertaining the proposal, replies “I certainly appreciate the mediation referrals you have sent my way and hope you continue to do so.”

The judge’s ex-wife reports the judge to the Minnesota Board on Judicial Standards. The judge maintains that he did not make the appointments in exchange for the writedown.

He insists that the referrals of which he wrote were to friends going through divorces. Local law enforcement declines to prosecute the judge. No action has been taken against the attorney receiving the mediation appointments.

A hearing will be held to determine whether the judge engaged in conduct which warrants judicial discipline.

Sometimes Men Are the Victims of Domestic Violence Too …

Janet Langjahr — Fri, 05 Sep 2008 04:45:30 +0000

What are the odds?

In Anderson County, South Carolina one recent Saturday, police responded to the scene where a woman allegedly poured lighter fluid on her husband - because he criticized her for pawning some household items. The man declined to press charges.

In another incident in the same community on the same day, police responded to the scene where another woman allegedly struck her husband in the back with a stool. The man had “spanked” the family dog for relieving itself inside their home. This man declined to press charges as well.

One can’t help but wonder about the true reason that the husbands declined to press domestic battery charges against their wives.

And whether it is the same that so many women victims of domestic violence decline to press domestic assault charges against their husbands …

Disabled Mother’s Parental Rights Reinstated Where She Can’t Comply with Case Plan Through No Fault of Her Own

Janet Langjahr — Thu, 04 Sep 2008 03:36:37 +0000

Florida Mother is disabled. Mother takes prescription drugs for pain from her disability.

Department of Children and Families removes Child, places her with maternal grandparents and establishes case plan for Mother to regain custody of Child.

The case plan requires Mother to obtain a medical evaluation from the University of Miami (U of M) ‘’to explore non-narcotic alternatives to her pain management.'’

U of M charges for such evaluations, so Mother applies for financial aid due to her indigency. Mother is wait-listed.

Because the U of M medical evaluation does not take place “timely” due to Mother’s inability to pay for it, the trial Court terminates the disabled Mother’s parental rights and awards permanent guardianship of Child to grandparents. Just as though Mother is indifferent to the case plan.

On appeal, the ruling is reversed and the Mother’s parental rights are reinstated. Reason: parental rights may not be terminated where it is impossible for parent to complete case plan through no fault of parent.

Pilot Program in Volusia Offers Intensive In-Home Services As Alternative to Foster Care

Janet Langjahr — Wed, 03 Sep 2008 02:26:56 +0000

A pilot program in Volusia County, Florida allows thirty-five children to remain home with their families instead of being removed as a result of abuse or neglect.

The new Family In-Home Recovery Support Team (FIRST) program concentrates on providing intensive in-home services to just seventeen families at this time.

Volusia is one of two Florida counties with especially high numbers of abuse reports and rates of removal. Volusia also experienced significant increases in removals last year despite a statewide campaign to reduce them.

Cases suitable for the FIRST program may involve domestic violence and substance abuse, but probably not sexual abuse or aggravated domestic violence. Homes posing the greatest risks to children are not appropriate for this new program.

The program works by teaming up a therapist with a social worker from a third party organization for several visits per week to daily visits to troubled homes for about four months.

An additional hoped-for benefit of the intensive in-home services program is that it may reduce burnout and turnover of caseworkers. It is thought that the constant stress of removing children from their homes is a prime reason for both.

Shocking Aftermath of an Unsuccessful Mediation

Janet Langjahr — Mon, 01 Sep 2008 17:25:09 +0000

Georgia Husband and Wife prepare for second marriage each.

They make a prenuptial agreement. Wife waives claims to alimony, the marital home and other assets in the agreement.

Fast forward several years.

Divorce case begins. The Court awards temporary alimony to Wife and shared temporary possession of the marital home to both.

Although there is no prior history of violence in the marriage, the Court also orders Husband to turn his guns over to his father during the case. Perhaps an omen of things to come.

Next, the Court voids the prenuptial agreement. Husband not happy.

Finally, the Court orders mediation, a process by which spouses meet with a neutral third party in an effort to come to a settlement agreement.

Husband and Wife went to mediation one morning. They did not settle their case though.

The Husband called in to his job that he wouldn’t be at work that evening.

Just hours after the mediation, the Husband beat Wife to death with an aluminum baseball bat.

Afterwards, he fatally shot himself with a gun.

Husband reportedly confessed to Wife’s attorney and his own work supervisor.

No one anticipated this eruption of domestic violence - except perhaps the judge who ordered Husband’s guns removed from the home.

Among other things, this case demonstrates the potential danger of husband and wife living together in the marital home during a divorce.

If it is necessary, a Florida court (and courts in other states as well) can order that one of the spouses temporarily move out of the marital home until the end of the case.

Marital Settlement of Former City Manager Includes Splitting Profits with Wife from Selling Story of His Life with Sex Change

Janet Langjahr — Mon, 01 Sep 2008 03:54:00 +0000

Man marries woman. Couple has child.

Man becomes city manager of a Florida town.

Man has sex change operation.

Man-turned-woman gets discharged from city manager job.

Couple begins divorce.

Couple reaches agreement under which former husband pays former wife alimony and child support.

In an unusual property division provision of the marital settlement agreement, former wife will be entitled to one-half of any monies former husband receives from selling his / her story to the media in the form of a book or movie.

Technology Threatens “Traditional” Affairs

Janet Langjahr — Mon, 01 Sep 2008 00:39:49 +0000

Although they remain one of the most common reasons for breakups of relationships, affairs may just be going out of style.

Not so much because people no longer want to have them. But more because they are getting harder and harder to carry on in secret, at least for any length of time.

Imagine, a Nintendo Wii toy that saves player profiles and information about “games”. That is how a homecoming soldier learned of his wife’s affair with another player.

Between gadgets like Nintendo Wii, computers, smart phones, spy software, e-mails, text messages and social networking websites, who isn’t in over their head, playing with fire?

Most of us have little idea how to control or conceal the information left behind - if we even realize the information is being saved.

But it’s easy to stumble upon. And even when it isn’t, there are experts who can find it for a price.

This can end up spoiling a primary relationship, leading to divorce, potentially affecting rulings in a divorce and generally wreaking havoc with a person’s life.

On the other hand, a technological problem usually inspires a technological solution. Undoubtedly, such solutions will come to market (or “black market”), if they haven’t already.

So, for better or worse, it may be just a trifle premature to sound the death knell of the affair.

It’s Not Your Mother’s Prenup

Janet Langjahr — Sun, 31 Aug 2008 04:06:47 +0000

They used to be primarily about how property would be divided in the event of divorce - or death of a spouse.

And perhaps alimony and attorney’s fees in the event of a divorce.

In the old days.

Modern prenups have gotten more expansive … and creative.

He wants guarantees about how frequently they will have sex.

They each want promises that the other will maintain - or lose - weight.

He wants a guarantee she will get pregnant - within a certain number of years, months, days, etc.

She wants a “no smoking pledge”.

And on and on.

Social promises, for a social contract.

Morally binding perhaps. Not legally enforceable.

The sole remedy: take it - or leave it (also known as divorce).

But such provisions are more and more common. Kind of like personalized wedding vows.

One newer promise finding its way into prenups is in the more traditional vein, but updated and enforceable.

A promise to pay or provide health insurance to the other spouse.

This makes perfect sense in times where people are often driven to marriage to obtain affordable health insurance coverage.

Mistakes Men - And Women - Make in Divorce - and Usually Regret, Later

Janet Langjahr — Fri, 29 Aug 2008 18:46:13 +0000

An attorney who concentrates on representing only men offers the following mistakes that men make in divorce. Truth is, women can and do make the same mistakes.

They are not (generally) legal mistakes per se, but rather tactical mistakes that both men and women usually come to regret - in time.

Responding to an impending divorce with anger
Serving your spouse with divorce papers in embarrassing places
Arguing about who gets what
Becoming passive
Using a difficult attorney
Rubbing salt in the wound
Using verbal abuse
Allowing your spouse to convince you not to hire an attorney
Thinking romance first, divorce second
Using your children as pawns

Global Positioning Devices Find New Use as Domestic Abusers’ Detection Alert System

Janet Langjahr — Thu, 28 Aug 2008 04:00:00 +0000

Abuse victims can obtain orders of protection, called injunctions for protection against domestic violence in Florida.

The purpose of these orders is to deter further violence. And to facilitate a swift and appropriate remedy for any violations of the order.

Now Illinois has taken an additional step. Under a new law, violators of orders of protection must wear global positioning devices (GPSs) as a condition of parole and judges may order accused violators to wear them as a condition of bail.

The devices will keep authorities and victims apprised of enjoined aggressors’ whereabouts - and, hopefully, one step ahead of aggressors, if necessary. It is hoped that the technology will ease victims’ minds, facilitate assessment of threats and act as an early warning signal of true danger.

Illinois follows in Massachusetts footsteps with this legislation. Presumably, other states will follow suit in time.

Multi-Millionaire Winner in Divorce Court Challenges Her Legal Fees - Unsuccessfully

Janet Langjahr — Wed, 27 Aug 2008 04:32:25 +0000

A Canadian Wife recently challenged her divorce attorney’s invoice in Canadian court.

That’s a pretty extraordinary thing to do. And, not surprisingly, she wasn’t successful in it.

After a thorough review of the record, which took more than 10 days, the British Columbia Court of Appeal found the attorney’s invoice was reasonable under all of the circumstances of the case.

The divorce was between a wealthy couple who had accumulated an approximately $12 million fortune over approximately 42 years of marriage.

The couple were pretty litigious and chose to litigate just about any issue that could be litigated - both at trial and all the way through appeal.

Family businesses, real estate, art, jewelry, inheritance, airline points, etc., you name it, they litigated it.

This couple was in court for nearly a month of days, spread out over a three and a half month period.

The Wife was awarded well over half (64%, to be precise) of the family’s remaining fortune, approximately $6 million.

The Wife chose a commercial litigator as her lead counsel, rather than a divorce lawyer. As a result, a divorce lawyer had to be consulted as well.

All told, the case took about 2,500 lawyer-hours of effort on behalf of the Wife.

The total fees and costs billed to the Wife: over $1 million.

Husband Kidnaps and Tortures Wife Intending to Avoid Property Division and Alimony

Janet Langjahr — Tue, 26 Aug 2008 04:33:12 +0000

California Husband wanted a divorce. A special kind of divorce.

Outside the courts …

He did not want to divide the marital assets with Wife. Or to pay her alimony.

He wanted everything for himself. But he had put everything in Wife’s name.

Husband’s solution to his dilemma?

He abducted Wife, drugged her and tortured her for five days.

Until she managed to escape.

At which point he was arrested and charged with kidnapping and kidnapping for ransom, grand theft of personal property, making a criminal threat and corporal injury to a spouse.

The Husband’s accomplice has not been taken into custody yet.

Now Husband is in jail with his bail set at $10 million …

Father Confesses to Murdering His Children After Maryland Court Awards Unsupervised Visitation Despite Psychiatric Diagnoses and Threats

Janet Langjahr — Mon, 25 Aug 2008 04:06:56 +0000

Maryland Husband is charged with murdering his three children, ranging in ages from 2 to 6.

For five months, Husband, who confessed to the murders, has tried to change his defense counsel’s plea to guilty, and now has requested to represent himself.

Before the court rules on his request to reprsent himself, a competency evaluation will be performed. A psychiatric evaluation for purposes of an insanity plea was never completed.

But a different psychiatric evaluation was completed for purposes of Husband’s divorce and child custody case.

The psychological expert in family court diagnosed Husband with “mood and narcissistic personality disorders and borderline and histrionic personality traits.” All very serious and difficult to treat diagnoses.

The Husband allegedly had made threats to murder his children - because Wife had reported them to the police.

Nonetheless, the Maryland family court had awarded Husband unsupervised visitation.

And, had the Wife not complied with the Court’s visitation order, she might have been held in contempt. Or the court might even have found her guilty of trying to alienate the children from the Husband - and transferred primary residential custody to the Husband as her punishment.

But the Wife complied with the Court’s order. And now the children are dead. And the Husband admits that he is responsible.

OH: Statutory Rape Child-Victim Ordered to Pay Child Support to His Rapist, While His Parents Seek Custody of Baby

Janet Langjahr — Sun, 24 Aug 2008 04:21:52 +0000

Nineteen year old woman (Mother) and a fifteen year old boy (Boy) have sex, and a Baby is conceived.

The Mother is under a grand jury indictment for unlawful sexual conduct with a minor, which could lead to incarceration for a year and one-half as well as having to register as a sex offender.

Mother got acquainted with Boy and moved in with the Boy’s family after complaining of abuse by her stepfather.

Mother’s stepfather was allegedly convicted of domestic violence against Mother’s minor sister, specifically, striking, choking and pointing a gun at her.

For now, Mother and Baby are living with the Mother’s family, including the stepfather.

The Boy’s parents are seeking to obtain custody of the Baby due to the asserted unfitness of Mother and reported abusiveness of Mother’s stepfather.

In the meantime, an Ohio Family Court has ordered the Boy-victim to pay Mother $50 per month in child support.

It is unknown whether the amount of child support was based on an afterschool job or on the Boy’s allowance from his parents.

The Boy was also awarded seven hours per week of visitation with the Baby.

A Modern Fault: Financial Infidelity

Janet Langjahr — Sat, 23 Aug 2008 04:04:30 +0000

A spouse wants to be able to spend money without having to account to or justify the expenditure to the other spouse.

How to accomplish it?

Either hidden savings or hidden credit cards.

According to surveys, anywhere from 40% to over 80% of couples have money secrets from each other or lie to each other about spending and/or credit.

According to financial counselors, concealing these financial misdeeds can place a strain on the offender and the marriage.

Sometimes it even drives a spouse to drinking or drugs.

“Financial infidelity” is most often discovered by accident.

According to a survey, 9% of couples felt this misconduct was “grounds” for divorce and 55% agreed it was a “major violation” of the marriage contract.

But in a no-fault state such as Florida, none of that really matters. What does matter is how that misconduct may end up haunting the unwitting spouse.

Some spouses may want to act to take steps to protect themselves from the other spouse’s debt, whether it is debt run up on a joint credit account on which a creditor may collect from either spouse, or marital debt that may have to be answered for in family court.

The easy ounce of prevention: frequent credit reports on the other spouse.

Rotating Physical Custody or Equal Timesharing: Good for Noncustodial Parent. What About Kids?

Janet Langjahr — Fri, 22 Aug 2008 04:47:22 +0000

Parents of a preschool child live several states apart.

How do they timeshare? One possibility …

The preschooler “rotates” from one parent’s home to the other’s, on a monthly basis.

That is possible (if not beneficial) before the child begins school.

But what about after the child starts school?

Typically, where the parents are separated by great distances, one parent or the other will be the primary residential parent.

The other parent may have liberal visitation over summer and other extended school vacations.

The nonresidential parent can have telephone and webcam visitation on a daily basis if desired.

A far less common arrangement is to continue rotating physical custody, but on an annual, rather than monthly, basis.

It can be done. But should it?

Many therapists consider this type of arrangement to be hard on kids, although perhaps “fair” to the non-custodial parent.

Historically, courts have not favored such arrangements.

But that may be starting to change under newer statutory schemes that strive to be more fair to both parents.

For better or worse …

And the Guys Have It … Too … Divorce, That Is

Janet Langjahr — Thu, 21 Aug 2008 04:05:58 +0000

There’s a lot more to divorce than the legal aspects of it, of course. For the other aspects, there are a lot of books out there.

By women. For women.

So one Connecticut man decided it was time for a book by a man - for men. And so he took a stab at writing that book.

The author endeavors to prepare and advise men on successfully coping with the entire divorce process, all told from the male perspective.

Interestingly, the author reportedly describes the divorce as a contract to end a marriage. Perhaps a reference to a marital settlement agreement?

Catering to men, the book is presented as a how-to manual that is about a two hour read.

For just two hours’ investment of time, it might be a valuable read for women too - for insight into their spouses and their cases.

Older Indian Man Kills Wife to Marry Teenager

Janet Langjahr — Tue, 19 Aug 2008 15:21:47 +0000

Thirty-five year old Indian house-painter has affair with teen-aged girl. He decides to marry her.

Problem: He is already married to a woman of his own age.

Wife leaves Husband due to affair, returning to her parents’ home.

Husband asks for divorce and presents divorce papers to Wife to sign. Wife refuses.

Husband consults attorney.

Husband again demands that Wife sign divorce papers. Wife again refuses.

This time Husband does not take “no” for an answer.

Husband produces a knife and stabs Wife twice. To her death.

Indian police arrest Husband and take his knife into evidence.

Husband’s remarriage to teenager seems less likely now.

Pending Bill in Congress Could Provide Support for Foster Kids to Extended Family Members

Janet Langjahr — Tue, 19 Aug 2008 03:50:05 +0000

The foster care system falls far short of our society’s needs and expectations. But measures are afoot to help improve it.

Some of the improvements relate to kinship foster care, child care provided to dependent children by extended family members instead of strangers.

Two and one-half million American children live with extended family members, whether within or outside the foster care system.

In New York State, 400,000 kids live with relatives, as compared to 27,000 children in foster care with non-relatives.

Kinship foster care is more successful than foster care by strangers. The caregivers simply have greater commitment.

But they get a lot less support from the child welfare system, both financial and otherwise. Until, perhaps, now.

The House of Representatives has passed a bill called Fostering Connections To Success Act.

Among other things, the bill would provide funding for kinship foster care and kinship guardianship.

Similar bills are pending in the Senate.

If passed by both houses, this type of legislation could make an enormous difference to millions of children in foster care and their caregivers, including extended family members.

Indian Court Upholds Placement of Virtually Kidnapped Boy with Hindu “Foster” Family Over Biological Muslim Family

Janet Langjahr — Mon, 18 Aug 2008 03:38:42 +0000

Baby disappeared during religious riots in India in 2002, which left approximately 1,000 people dead.

Baby’s Muslim family eventually gave him up for dead.

Recently, Baby’s family discovered that he was still alive.

A Hindu police officer had allegedly found Baby and more or less gave him to relatives to raise as their own child.

The police reportedly did not investigate Baby’s family’s missing person reports very thoroughly, or Baby would have been found in 2002.

Now, Baby no longer remembers his biological parents, and is attached to his “foster” mother.

Six years after Baby’s disappearance, Baby’s biological parents go to court in India to secure Baby’s return to their family.

But the Indian Court rules in favor of the so-called “foster” mother and denies Baby’s biological parents’ appeal.

The biological parents have not given up on getting their son back legally, now that they know he is alive.

In India, most commentators appear to side with the “foster” mother.

Are they guided by family law or religious law - or the law of politics?