Custody

Published on: February 2, 2012

Court Rules on Modification of Custody Hearing

by Stephen Bilkis

Modification of child custody cases happen in a lot of court scenarios. In fact, when you seek the counsel of an expert New York Family Lawyer, you would be surprised with the cases that you would hear having such details. A good example would be the need for a mother to modify the child custody order that would enable her to bring her son and her second child to Japan. The couple filed for divorce way back in the 80s and the agreement for custody then was for the daughter to stay with the mother and the son with the father.

The mother of the two kids got remarried with a Lt. Commander in the navy. After some time, her new husband will be assigned in the air base of Japan where he will stay for a total of two years. With their family to be brought with him, the mother thought of taking her son with her and the only way to do this is to request for the court to remove her ex-husband’s custody of their children.

One of the Nassau County Family Lawyers who was familiar with this case attested that this would require the inclusion of the Uniform Child Custody Jurisdiction Act. This only means that the custody of the children involved should always be set best for the welfare and greater interest of the children. The mother fought for her kids in the financial aspect. She proved to court that her level of employment and finances have considerably improved that she is already ready and capable of taking care of her two kids and not just her daughter anymore.

Published on: February 1, 2012

Court Rules on Visitation where Substance Abuse is a Factor

by Stephen Bilkis

When families break down, it is the children who suffer so much. When they start growing up in an environment that is unresolved, they also tend to create chaotic environments on their own. If we care for the future generations of this country, then it is important that we help each other out in informing families on how it is really to raise one. You would learn a lot of values and rights when you get to review some child visitation rights cases explored by a credible New York Family Lawyer.

This case was between the Department of Children and Families versus a mother who is not capable of taking care of her own son. The mother was hidden in the initials of B.M. The child is a four-year-old boy with the initials of B.B. He was brought to the DCF for a shelter petition last 2006. It all started with the mother and child deciding to live alone away from the father who mistreats and abused his wife. In September 12 of 2006, she left her son in a neighbor’s house and promised that she would return soon. But she did not and only came back for her son the afternoon of the next day.

Because of this non-compliance according to a New York Visitation Lawyer she was evicted two days after and she even evaded possible confrontation with the WID. A history of violence in the home was traced and both parents had restraining orders. By September 18, the mother was allowed visitation that is supervised about two times in a week. But on the following month, reports say that she has already missed three appointed visits with which she gave three unreasonable excuses as well. First, she simply overslept. Second, she had to go to a particular doctor’s appointment. Third, she needed to do another follow up with her doctor.

Published on: January 31, 2012

Court Rules on Visitation Case

by Stephen Bilkis

In September 1999, Frances Adrienne Sullivan gave birth to a son. A New York Family Lawyer said, after, she filed a paternity action against Landon Cole Sapp. This was to set custody, parental responsibility and child support for her son. By March 2001, the final decision was that Mr. Sapp was the natural father of the child. The parental responsibility was to be shared by both mother and father. The court said that the child should live with his mother, with the Mr. Sapp provided with reasonable access to his child. He was to pay child support, which he could also declare as an exemption for tax purposes for even numbered tax years and the odd number for Ms. Sullivan.

A few days after the decision, Ms. Sullivan asked the court for clarification of the dependent claim eligibility of each parent. Before this could be determined, Ms. Sullivan died in a car accident. Elizabeth Sullivan, the baby’s maternal grandmother, filed a Motion to Intervene and for the Award of Reasonable Visitation to Grandparent and was asking for a decision granting her the right to get involved in the paternity suit filed by her daughter. This is limited to certain situations and one of them is the death of a parent or both parents. To answer this, the father filed a motion to dismiss.

The lower courts ruled that the grandmother cannot intervene in the paternity suit because her daughter is already deceased, and the determination will not make a different as to can file for a dependent exemption. The visitation right was also dismissed. This was appealed by grandmother. The Supreme Court affirmed the decision of the lower courts.

Published on: January 30, 2012

Vistitation

by Stephen Bilkis

In a story that was like it was made for a movie, Victoria D. daughter of Carole D. was the one who had two men claiming to be determined as her father. Carole was married to Gerald D. when she gave birth to Victoria. Carole was an international model, and Gerald was a top executive in a French oil firm. He had always said he was Victoria’s father, although tests showed that more than 98% probability, she was Michael H.’s. Carole had an affair with Michael while married to Gerald. A New York Family Lawyer said Victoria was the fruit of that adulterous affair.

For the first three year of Victoria’s life, she lived with Gerald, who treated her as his own child. Sometimes, she and her mother resided with other men. May was when Victoria was born, they lived with Gerald. October of the same year, Gerald moved to New York for business, and Carole and Victoria were in California. End of October, both Carole and Michael had tests done to check the paternity of Victoria and found the 98.07% probability she was Michael’s. January of the following year, Carole visited Michael. In March, she left and resided with Scott K. and in the same year with Gerald again, but by fall she was back with Scott.

November after the year Victoria was born, Michael filed a filiation action to get visitation rights and determine paternity because Carole was not allowing him access to Victoria. About six months after, Carole filed a motion for summary judgment. At this time, she had been with Gerald since March, which lasted until July. After, she was with Michael again and this time she asked her lawyers to withdraw the motion for summary judgment. For the next eight months, they lived together and April, before Victoria’s third birthday, Carole and Michael signed a stipulation that Michael was Victoria’s natural father. The month after, Carole left Michael and ordered her lawyers not to file the stipulation. She moved back with Gerald.

Published on: January 29, 2012

Unfit father learns of his child’s death eight years after his conviction

by Stephen Bilkis

A convicted abuser that lost custody of his children more than eight years ago, recently heard the sad news that one of his twin children had been murdered by her adopted father and the other so severely abused, that he remains hospitalized.

The father of the abused children claimed to have done everything he could to keep custody of them back in 2004. He and his wife allegedly abused drugs and engaged in prostitution prior to the charges.

“This is hard,” the grieving father said Tuesday outside his apartment. “Imagine what I could be feeling right now.”

Published on: January 28, 2012

Gay couple files complaint after being turned down by two beds and breakfasts for their civil union celebration

by Stephen Bilkis

Two men, who had been long-time companions, were thrilled when civil unions became legalized in Illinois. They immediately began planning their celebration but came to find, that although the state accepted their sexual orientation, two bed and breakfast facility owners had not.

The pair filed complaints stating the two owners had refused to rent them facility because they were gay. The couple alleged it violates the Illinois Human Rights Act, which prohibits discrimination on the basis of sexual orientation by businesses open to the public, explained a New York Family Lawyer.

One of the owners of the bed and breakfast said, “I only host traditional weddings and not civil unions.” He reiterated in a later email, “At this point we will just be doing traditional weddings.”

Published on: January 27, 2012

Court Rules on Grandparent’s Rights

by Stephen Bilkis

Bonnie Belair and Jarret Clark divorced with Ms. Belair having sole custody of their minor child. This was finalized in 1997. Mr. Clark was given limited visitation rights once he completes the parenting class that was ordered by the court. After this decision by the court, Mary Francis Drew, the child’s paternal grandmother, petitioned the court to get visitation rights. They cited the law that grants grandparent’s visitation rights in certain circumstances. By February 1999, Ms. Belair submitted her petition to the Trial Court saying that the statute violates her constitutional right to privacy.

The Trial Court refused to deliver a verdict about the constitutional challenge that was placed by Ms. Belair. They gave temporary visitation rights to Ms. Drew, which was also to be in the same place as agreed in the mediation. What Ms. Belair did was to submit a writ of certiorari to the Supreme Court. A writ of certiorari is an order made by a higher court about a case that they have reviewed, said a New York Family Lawyer. Ms. Belair’s petition said that because the Trial Court did not rule on the constitutionality of the grandparent visitation law, her right to privacy was violated.

In the decision of the Supreme Court, they cited the case of Beagle vs. Beagle. It was said in that case that the state “may not intrude upon the parents’ fundamental right to raise their children except in cases where the child is threatened with harm.” They also said that in the same case, the court said that the best interest of the child is placed first even before there is proof of harm. The privacy that is to be expected should be no less than the one experienced while married. The question now is if the court has the right to decide whether to impose visitation rights on a parent who does not want it. The Supreme Court acknowledges that “care custody and management” is a fundamental liberty interest of a parent. The court said as well that the choice which relates to child rearing and education are fundamental rights covered by the Fourteenth Amendment of the United States Constitution. The state does not have the right to interfere with these decisions, unless there is a compelling reason to do so. In this case, the Supreme Court granted certiorari, and they reversed the decision of the Trial Court.

Published on: January 26, 2012

Court Rules on Louisiana Visitation Issue

by Stephen Bilkis

In a case that affects two States, Sharon and Edward Heartfield were part of this not so uncommon situation. The two were divorced by the District Court of Jefferson County, Texas. Sharon was the one awarded custody of the children. Edward got visitation rights and was ordered to pay 2,025 per month for child support. Once the divorce was finalized, Sharon together with the three children moved to Louisiana and has lived there for about four years.

Three years after moving to Louisiana, Sharon filed a case with the District Court of Jefferson County, Texas to request for the modification of the child support. Edward responded with a cross-action where he asked for more visitation times, reduced amount of child support and to have the case transferred to Hardin County, Texas. The case was transferred to Hardin County, Texas as per request.

After this, Sharon asked the Civil District Court of Orleans Parish, Louisiana to issue a decision that says that the original order by the court for visitation and child support be executed. She filed a motion in the Hardin County court as well, to have them dismiss the action or move it to Orleans Parish. This was denied by the courts of Hardin County and about a month later after a hearing, they issued a modified decision. The new decision reduced the child-support payments to $1,800 per month. The court said this is also dependent on specific visitation rights. A month later, Edward filed affidavits saying that visitation was being denied so he did not pay the child support. This is when he filed for a temporary injunction order to stop Sharon from her claims in the Louisiana Court. He filed it with the States District Court for the Eastern District of Texas, Beaumont Division. Sharon dropped her case connected to the child support but said that the visitation schedule threatened the well-being of her children. The injunction was granted by the Louisiana court.

Published on: January 25, 2012

Court Reverses Visitation for Parent with Domestic Violence Issues

by Stephen Bilkis

Jason Leigh Owens asked the court for unsupervised visitation with his four-year-old daughter. This was only after multiple once a month supervised visits at family visitation centers. The reason for the supervised visits was that Mr. Owens was convicted and jailed for a third-degree felony for domestic violence. After an evaluation, the court said that Mr. Owens has greatly improved with his control of his emotions, especially his anger. The supervised visitation has already been maximized, mentioned by a New York Family Lawyer. From the records, the court also said, it was in the best interest of the child to move forward and give Mr. Owens shared parental responsibility and frequent unsupervised visits.

A New York Custody Lawyer said in the decision, the order was for the first eight months will have unsupervised visits in the city where the child lives. This was to be between ten in the morning to four in the afternoon every second and fourth Sunday of the month. Every third Saturday, he would have a full day and night unsupervised visits. This is from ten in the morning Saturday to four in the afternoon the following Sunday. Mr. Owens did not ask for the overnight visitation.

Kylie C. Doyle, the mother contested this decision. The first was that because the overnight visit was not even asked by Mr. Owens. She also said that the welfare of her child is not going to be protected if the visit is unsupervised. Each party is not contesting that Mr. Owen entitlement as he is not because of the conviction. What the mother is arguing about is the effect to her child and the evidence that supports it would be good for her child to be in it.

Published on: January 25, 2012

Court Rules on Visitation Issue When Parent Moves Out of State

by Stephen Bilkis

Michael Reed and Judy Mast were married. While they were married, they had a son, Jason. About four year into the marriage, the two had problems with their marriage and got a divorce. Mrs. Mast and Jason moved to a different location, same State. Mr. Reed moved to a different city for a new business. After a year, more or less, of regular visitation with his son, his visits became infrequent and even his child support had lowered because of difficulties in his business. Mr. Reed and Mrs. Mast had agreed that Jason would stay with his mother primarily, as long as they do not move the child to a different State permanently without a court’s approval. This was done before Mr. Reed moved to a Madison. A year later, the court’s final judgment had included this provision, said a Brooklyn Custody Lawyer.

About five months after the final judgment was the time Mrs. Mast got married to her current husband James Mast. Mr. Reed remarried around three months after. Mr. Mast joined the army and was stationed in North Carolina. He did this because of financial reasons. Mrs. Mast petitioned the court a little more than a year after her marriage to move to North Carolina to be with her husband and new child. She did move to North Carolina even before the decision, but she returned to Florida every other weekend with Jason so that Mr. Reed could have his time with him, which he never missed.

Mr. Reed argued that Mrs. Mast had permanently moved the child out of the State, that the move will hamper his relationship with his son, and he is capable of providing guidance. About eight months after the initial petition, the decision was granted in favor of Mr. Reed, and the primary residence was given to him. According to the records found by a Long Island Visitation Lawyer, this was appealed by Mrs. Mast.