Articles Posted in Child Custody

A new University of Illinois study of the way child custody evaluators make their decisions says courts that apply a one-size-fits-all model to child custody cases are potentially endangering mothers and children.

The study found that child custody evaluator’s beliefs generally fall into two categories: one category that believes conflict is a natural part of relationships and de-emphasizes the potential for domestic violence, and another category that is more sensitive to the nuances of domestic violence and makes recommendations that prioritize the safety of women and children.

Jennifer Hardesty, a University of Illinois associate professor of human and community development and author of the study, noted that approximately 20 percent of divorces in the U.S. involve child custody disputes that require judicial intervention. Domestic violence allegations are raised in about 75 percent of those cases.

A Michigan appeals court has reversed the ruling by a lower court that allowed a lesbian couple to have joint custody of their three children after their relationship ended.

Together almost 20 years, Renee Harmon and Tammie Davis, who carried each of the three children, raised their children together. Their relationship ended bitterly, with Davis obtaining a court order to prohibit Harmon from having any further contact and Harmon responding with a lawsuit.

Because Davis was the legal biological mother, Harmon needed the court to grant joint custody. The appellate court said no, stating that parental rights in Michigan can only be bestowed through procreation, adoption or the assumption of parenthood in a legal marriage.

A New York mother who was seeking permission to move to Florida with her children over the objections of her ex-husband has been granted that request by a Suffolk County Supreme Court Justice with a new twist: she must provide her ex-husband with Skype video conferencing technology that will allow him to speak to his children at least three times per week for one hour per visit.

The New York case – Baker vs. Baker – was reported in the New York Law Journal as being the first of its kind that sets a precedent that other judges may soon follow.

James and Debra Baker were divorced in 2008 after eight years of marriage. They have two children, a nine-year-old daughter and a six-year-old son. Debra Baker lived in the family home until she lost her job last December; the home is currently in foreclosure. She petitioned the court to be allowed to move to Venice Beach, Florida with the children and live with her parents until she could find a new job.

A former Naples elementary school teacher has been ordered to undergo a psychosexual examination after losing custody of her two children because she posted nude photos of herself and the children on the Internet.

Nicole Amanda Newland, who is currently undergoing a divorce in Collier County from her husband Eric Newland, lost custody after the nude photos were given to state law enforcment officials by her estranged husband. She was granted supervised visits once a week and is currently facing a state charge of Neglect of Child-Without Great Bodily Harm.

Nicole Newland has been accused of posting nude photos of herself in suggestive positions on the Internet as well as describing a “rape fantasy” online. Attorneys for her husband have argued that this endangers the children and she should not be granted unsupervised custody, which she is currently seeking.

For the first time in U.S. history, women outnumber men in the workplace. This is bound to have some profound implications for what is already a growing trend in child custody cases: fathers being awarded primary physical custody of their children.

Earlier this year, a feature article in Working Mother Magazine noted that there are currently about 2.2 million American women who do not have primary custody of their children. Researchers credit the increase in fathers gaining custody with the growing number of fathers’ rights groups, which are educating more men on their parental rights as well as how to successfully petition the court for custody.

The article noted that it is not unusual today to see fathers succeed at least 50 percent of the time when seeking sole custody in a contested child custody case. The report said that in the past decade, the number of fathers who gain custody of their children has doubled as men become more involved in raising their children – not only because of their increased desire to do so, but also because more mothers are in the workplace today than ever before.

In fact, 25 percent of today’s married women earn more than their husbands, which has also led to the rise of another trend: more women are paying child support and, in some cases, even alimony.

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Fifteen years ago, Prince Sagala’s estranged husband disappeared with their two children. Four months ago, she found them again when she discovered her daughter’s Facebook page.

Their father – Faustino Fernandez Utrera — had apparently fled to his native Mexico with them, after telling Sagala he was taking them to a park in 1995.

Sagala took the Facebook page to police, who were able to trace the children to Florida through her daughter’s friends on Facebook. Utrera was arrested in May and held at the Osceola County jail on kidnapping and child custody charges. He is currently awaiting extradition to California.

Sagala met her two children for a supervised visit recently at a Florida public library, but told the Associated Press that her children want nothing to do with her, having been told bad things about her by their father.

Utrera says that he took the children because his wife was having an affair with his brother and was mentally unstable. He alleges that she has always known where the children were living.

The California district attorney prosecuting the case says that while his office was aware of the allegations, the case has been investigated and they are proceeding.

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If your ex is considering moving to another state with your child – or if you have custody and are considering a move – a Florida family law attorney can help you understand the legal aspects of child relocation and your rights as a parent.

First, you cannot move out of state with your child without notifying the court. If you do, you risk a number of legal sanctions. Because child relocation is usually a highly emotional issue, it is important to follow the law and consider what is in the best interests of the child.

The best interests of children are what the court considers in any child relocation, custody or visitation situation. In the case of relocation, the court will likely place great weight on the impact such a move will have on each child. The court will also take into consideration the following: