The late soul singer James Brown's lawyer said Tuesday the fact that the woman who'd been described as the late singer's wife was locked out of his South Carolina home after his death is "not a reflection on her as an individual." Instead, the lawyer said that Brown and Tomi Rae Hynie were in fact not legally married and that she was locked out for estate legal reasons.
Brown's attorney contends that Hynie was already married to another man in 2001 when she married Brown, making her marriage to Brown null. He said she later annulled the previous marriage, but she and Brown never remarried. However, Hynie told The Associated Press on Tuesday that she believes Brown's representatives are trying to discredit her so Brown's estate doesn't have to be shared with her. Link to article http://www.theindychannel.com/entertainment/10611217/detail.html
Thursday, December 28, 2006
Wednesday, December 27, 2006
Court Says Christmas Card is Enough
An Ohio Court of Appeals held this past week that, even though a father's sole contact with his child during the year was a Christmas card and a gift card, this was sufficient contact to require the father's consent to the child's step-father's petition to adopt the child.
For the full opinion see http://www.sconet.state.oh.us/rod/newpdf/12/2006/2006-ohio-6705.pdf
For the full opinion see http://www.sconet.state.oh.us/rod/newpdf/12/2006/2006-ohio-6705.pdf
Friday, December 22, 2006
China Tightens Adoption Rules
China is planning to issue new, tighter restrictions on foreign adoptions of Chinese children. The restrictions prohibit adoptions by parents who are unmarried, obese or who are older than 50.
The new regulations are to take effect May 1, 2007 and are anticipated to slow the rapid rise in applications by foreign parents to adopt Chinese babies. Chinese officials report that applications had begun to exceed the number of available babies, and that the new rules were partly intended to address that imbalance.
The new regulations are to take effect May 1, 2007 and are anticipated to slow the rapid rise in applications by foreign parents to adopt Chinese babies. Chinese officials report that applications had begun to exceed the number of available babies, and that the new rules were partly intended to address that imbalance.
Wednesday, December 06, 2006
Few Aiding Children in Deportation Proceedings
The New York Times published an article late last week that takes a startling look at children in deportation proceedings. Often, these children are here without a mother, father or other relative who can act as their guardian. They have little English skills and little information as to whether they want to fight deportation or even what deportation is. Most don't have attorneys.
A look at America's immigration courts show a system where many children lack legal representation, where judges find themselves having to explain the law to a 12 year-old through a translator, and where the government itself has no real measure of the problem.
There is a larger issue. Advocates worry about child trafficking, smuggling and abuse because these children do not know how to ask for help or know what resources are available to them to address these problems. This is a growing problem that needs to be addressed to ensure that children, whether here legally or not, have their interests represented.
To see the complete article visit
A look at America's immigration courts show a system where many children lack legal representation, where judges find themselves having to explain the law to a 12 year-old through a translator, and where the government itself has no real measure of the problem.
There is a larger issue. Advocates worry about child trafficking, smuggling and abuse because these children do not know how to ask for help or know what resources are available to them to address these problems. This is a growing problem that needs to be addressed to ensure that children, whether here legally or not, have their interests represented.
To see the complete article visit
Few Aiding Children in Deportation Proceedings
The New York Times published an article late last week that takes a startling look at children in deportation proceedings. Often, these children are here without a mother, father or other relative who can act as their guardian. They have little English skills and little information as to whether they want to fight deportation or even what deportation is. Most don't have attorneys.
A look at America's immigration courts show a system where many children lack legal representation, where judges find themselves having to explain the law to a 12 year-old through a translator, and where the government itself has no real measure of the problem.
There is a larger issue. Advocates worry about child trafficking, smuggling and abuse because these children do not know how to ask for help or know what resources are available to them to address these problems. This is a growing problem that needs to be addressed to ensure that children, whether here legally or not, have their interests represented.
To see the complete article visit
A look at America's immigration courts show a system where many children lack legal representation, where judges find themselves having to explain the law to a 12 year-old through a translator, and where the government itself has no real measure of the problem.
There is a larger issue. Advocates worry about child trafficking, smuggling and abuse because these children do not know how to ask for help or know what resources are available to them to address these problems. This is a growing problem that needs to be addressed to ensure that children, whether here legally or not, have their interests represented.
To see the complete article visit
Wednesday, November 22, 2006
Child Born to Lesbian Couple Will Have 2 Mothers Listed
A lesbian couple in South Jersey won court approval this week to have both of their names listed as parents on the birth certificate of their newborn, and the attorney general’s office said it will no longer oppose such applications. The decision, in Family Court in Burlington County, stems from an Oct. 25 ruling by the New Jersey Supreme Court holding that same-sex couples are entitled to the same legal rights and protections as heterosexual couples. The court gave the Legislature 180 days either to bring gay couples within the state’s marriage laws or establish a parallel system of civil unions. The couple now do not have to go through the adoption process to establish full parental rights for both. By Laura Mansnerus, N.Y. Times Link to Article)
Wednesday, November 15, 2006
Study: Divorce Hurts Rural Women
The Des Moines Register and MSN.com published an article this week about Iowa State University researcher's conclusions regarding the effects divorce has on rural women. The study, spanning 10 years, focused on what happens to rural women's health after the end of a marriage compared with women who stayed married. The study concluded that while the act of getting divorced produced no immediate physical effects on health it did effect on mental health. However, ten years later, those effects on mental health led to effects in physical health.
The study added that divorced women, especially in rural areas, have poor job opportunities and fewer support systems therefore contributing to women's declining health. Often, the only job opportunities offered to divorced women have poor health care plans or quality health care is inaccessible due to their geographical location. To read the full article check out the following: http://www.msnbc.msn.com/id/15498876/
The study added that divorced women, especially in rural areas, have poor job opportunities and fewer support systems therefore contributing to women's declining health. Often, the only job opportunities offered to divorced women have poor health care plans or quality health care is inaccessible due to their geographical location. To read the full article check out the following: http://www.msnbc.msn.com/id/15498876/
Friday, November 10, 2006
Helping Children Through a Divorce
Now that the holidays are looming in the horizon, and the probability of having family gatherings is more likely, relatives should be particularly aware of their behavior around children of divorcing parents.
Here is my list of the top 10 ways to help grandchildren, nieces, nephews, cousins and other kids experiencing divorcing parents through the holidays:
1. Don't disparage your soon-to-be ex-relative in front of the children.
2. Help create positive memories during holiday events and keep up on traditions.
3. Be a good listener.
4. Set up your expectations for their behavior before they arrive.
5. Become the unbiased, non-judgment confidant.
6. Don't sabotage agreements set up by either parent.
7. Let your relative little ones know that what they are feeling is okay.
8. Focus on the positive.
9. Share your spiritual beliefs in a non-judgmental way.
10. Read together and/or find quiet special time with them.
What other rules do you observe? Email me at jjaskolka@sullivan-ward.com
Here is my list of the top 10 ways to help grandchildren, nieces, nephews, cousins and other kids experiencing divorcing parents through the holidays:
1. Don't disparage your soon-to-be ex-relative in front of the children.
2. Help create positive memories during holiday events and keep up on traditions.
3. Be a good listener.
4. Set up your expectations for their behavior before they arrive.
5. Become the unbiased, non-judgment confidant.
6. Don't sabotage agreements set up by either parent.
7. Let your relative little ones know that what they are feeling is okay.
8. Focus on the positive.
9. Share your spiritual beliefs in a non-judgmental way.
10. Read together and/or find quiet special time with them.
What other rules do you observe? Email me at jjaskolka@sullivan-ward.com
Monday, October 30, 2006
Judge Rules No Circumcision for 9 Year-Old
A Chicago Judge recently sided with a divorced man who did not want his 9 year-old son to undergo a circumcision procedure. Circuit Judge Jordan Kaplan said that it was an "extraordinary medical procedure" for a 9 year-old and the boy can decide for himself when he reaches age 18.
The father sued to block the operation in a dispute with his ex-wife. The couple's 2003 divorce decree stated that he had to be consulted before the child underwent any "extraordinary" non-emergency procedure which is language typical of legal custody.
This case is an example of the power that a legal custodian can wield even if s/he doesn't have physical custody. Make sure that your divorce or paternity decree clearly spells out each party's legal (and physical) custodial rights. Typically there is case law or statutory language that can be incorporated to ensure that both parties have a clear understanding of what rights they are entitled to and what is expected of them.
The father sued to block the operation in a dispute with his ex-wife. The couple's 2003 divorce decree stated that he had to be consulted before the child underwent any "extraordinary" non-emergency procedure which is language typical of legal custody.
This case is an example of the power that a legal custodian can wield even if s/he doesn't have physical custody. Make sure that your divorce or paternity decree clearly spells out each party's legal (and physical) custodial rights. Typically there is case law or statutory language that can be incorporated to ensure that both parties have a clear understanding of what rights they are entitled to and what is expected of them.
Thursday, October 19, 2006
Re-dating: The Second Time Around
In the past several years I have seen an increase in couples who are on their second or third marriages--to each other. Are these people doomed for another friction-filled love disaster? Or is it fate, a soul-mate relationship, that reunites them?
Recently, MSN published an article asserting that two types of duos are most like to reconvene successfully: (1) relationships that ended amicably due to such things a youthful inexperience but the parties remain in touch through the years, or (2) the twosome that lost touch long ago but after an impromptu rendezvous they discover the flame is still sparking.
In either case, a replay works best when it is a natural process and not one of desperation, out of loneliness or "for the sake of the children." Evaluate where you are in life before taking a second go-around.
Recently, MSN published an article asserting that two types of duos are most like to reconvene successfully: (1) relationships that ended amicably due to such things a youthful inexperience but the parties remain in touch through the years, or (2) the twosome that lost touch long ago but after an impromptu rendezvous they discover the flame is still sparking.
In either case, a replay works best when it is a natural process and not one of desperation, out of loneliness or "for the sake of the children." Evaluate where you are in life before taking a second go-around.
Sunday, October 08, 2006
Can I Stop it?
Several Iowa clients have asked me recently "Can I stop the divorce" or "can s/he stop the divorce?" A short and brutal answer is "no," at least in Iowa. You (or your spouse) may of course employ delay tactics like asking for continuances or asking for an order requiring reconciliation like marriage counseling but unless both parties are committed to truly working on the marriage, using these tactics usually only result in more hurt and cost.
So what choices do you have? You both can choose to remain in the marriage which for some, is better than dealing with the pain, expense and disruption of divorce. You can live in a so-called "parallel marriage" which turns into a marriage of companionship and pleasantries. This probably more common than you think and especially prevalent when one spouse needs medical insurance coverage or both know they cannot maintain a reasonable lifestyle without the other's contribution.
Another option is to enter into a separation agreement which is as close to a divorce as one comes without taking the plunge.
To discuss these options and other contact a family law attorney.
So what choices do you have? You both can choose to remain in the marriage which for some, is better than dealing with the pain, expense and disruption of divorce. You can live in a so-called "parallel marriage" which turns into a marriage of companionship and pleasantries. This probably more common than you think and especially prevalent when one spouse needs medical insurance coverage or both know they cannot maintain a reasonable lifestyle without the other's contribution.
Another option is to enter into a separation agreement which is as close to a divorce as one comes without taking the plunge.
To discuss these options and other contact a family law attorney.
Saturday, September 30, 2006
British Study: Divorce Makes Men Richer
I recently ran across an article published by British researcher Cecile Bourreau Dubois that concludes men who stay married invariably end up poorer than those who leave their spouse or live-in partner. Ms. Dubois based her results on interviews with more than 75,000 adults in 11 different European Union countries.
Assuming the woman is awarded custody, the study found that a man's wage will increase ahead of inflation with support payments quickly falling behind. The support payments become less and less consequential because of a man's earning capacity.
What do you think? Do men fare better in a divorce than women?
Assuming the woman is awarded custody, the study found that a man's wage will increase ahead of inflation with support payments quickly falling behind. The support payments become less and less consequential because of a man's earning capacity.
What do you think? Do men fare better in a divorce than women?
Friday, September 22, 2006
College Savings With Less Worry
Many parents intend to contribute toward their child's college education whether court-ordered or not. Last month President Bush signed the Pension Protection Act. Although the law mainly deals with strengthening the financing rules for defined-benefit pension plans, it also quietly eliminated the 2010 sunset provision for tax-free withdrawals from popular Section 529 college tuition savings plans.
Created in 1996, 529 plans allow after-tax income to be invested in state-sponsored plans and to grow free of state and federal taxes so long as the money is used for qualified college expenses. The tax-free character was set to expire in 2010 but worries have been eleviated by recent action.
With the tax risk eliminated, more parents are likley to invest greater sums in 529 plans and may have more options to choose from. Given that many states have a statutory provision permitting either parent to seek post-secondary education contributions for a child subject to a divorce, it may be wise for either or both parents to start investing in a 529 plan or other tax-free education plan early on to avoid a substantial bill when the child reaches age 18.
Created in 1996, 529 plans allow after-tax income to be invested in state-sponsored plans and to grow free of state and federal taxes so long as the money is used for qualified college expenses. The tax-free character was set to expire in 2010 but worries have been eleviated by recent action.
With the tax risk eliminated, more parents are likley to invest greater sums in 529 plans and may have more options to choose from. Given that many states have a statutory provision permitting either parent to seek post-secondary education contributions for a child subject to a divorce, it may be wise for either or both parents to start investing in a 529 plan or other tax-free education plan early on to avoid a substantial bill when the child reaches age 18.
Thursday, September 14, 2006
Grandparent Visitation Gaining Ground
Six years ago the U.S. Supreme Court curbed grandparents' rights in child-visitation disputes stating that it interfered with the parent(s)' right to make decisions for their child. Three recent rulings by state supreme courts suggest that those who go to court seeking more time with their grandchildren are gaining legal reception.
The recent rulings in Pennsylvania, Utah and Colorado in favor of grandparents who sought visitation despite the objections of the child's parent indicate that the courts increasingly are sympthazing with grandparents, especially in the case of a death of a parent or a family tragedy. In the three aforementioned cases, either one or both of the child's parents had died and the child had already established a relationship with his/her grandparents.
Grandparent visitation laws vary state-to-state. Check with a local attorney to see whether your state currently recognizes grandparents' rights.
The recent rulings in Pennsylvania, Utah and Colorado in favor of grandparents who sought visitation despite the objections of the child's parent indicate that the courts increasingly are sympthazing with grandparents, especially in the case of a death of a parent or a family tragedy. In the three aforementioned cases, either one or both of the child's parents had died and the child had already established a relationship with his/her grandparents.
Grandparent visitation laws vary state-to-state. Check with a local attorney to see whether your state currently recognizes grandparents' rights.
Monday, September 04, 2006
Telephones: Misleading Privacy
With recent events surrounding the government's ability to snoop it is not surprising that American's are confused about their privacy rights.
Legal experts say there is enough gray areas and conflicting laws to baffle even the best informed. Two recent events demonstrate this: In December 2005 the NY Times revealed that the National Security Administration was conducting warrantless surveillance of Americans' international phone calls. Second, in May 2006 USA Today reported that several phone carriers had turned over to NSA massive databases of customers' domestic phone records.
Americans' privacy is grounded in the Fourth Amendment and its ban on "unreasonable search and seizure." But subsequent legislation expanded, clarified and made exceptions when it came to telephone conversations. The U.S Supreme Court has since rendered decisions that chip away at an individual's expectation of privacy.
How does this relate to divorce and family law issues? Many states allow one party to a conversation, without the other's knowledge or consent, to record phone conversations. The ability varies from state to state and you should check with your local practitioner to ask whether recordings are legally permitted by your state and admissible as evidence. Thus, it is especially important that you maintain composure and etiquette during phone conversations with your spouse or other litigant.
The bottom line: Bite your tongue.
Legal experts say there is enough gray areas and conflicting laws to baffle even the best informed. Two recent events demonstrate this: In December 2005 the NY Times revealed that the National Security Administration was conducting warrantless surveillance of Americans' international phone calls. Second, in May 2006 USA Today reported that several phone carriers had turned over to NSA massive databases of customers' domestic phone records.
Americans' privacy is grounded in the Fourth Amendment and its ban on "unreasonable search and seizure." But subsequent legislation expanded, clarified and made exceptions when it came to telephone conversations. The U.S Supreme Court has since rendered decisions that chip away at an individual's expectation of privacy.
How does this relate to divorce and family law issues? Many states allow one party to a conversation, without the other's knowledge or consent, to record phone conversations. The ability varies from state to state and you should check with your local practitioner to ask whether recordings are legally permitted by your state and admissible as evidence. Thus, it is especially important that you maintain composure and etiquette during phone conversations with your spouse or other litigant.
The bottom line: Bite your tongue.
Sunday, August 27, 2006
Making Two Homes Harmonious
You and your spouse have separated or the divorce has been finalized. Just because there are now two households doesn't mean that your child should experience two separate and inconsistent lives. You and your ex-spouse (or soon-to-be) may be polar opposites but that doesn't mean that your child cannot experience consistency.
Children do better when there is predictability to their routine. In a best-case scenario, there is inter-home consistency and coordination regarding schedules, expectations, and rules. If uniformity is not a realistic possibility, make sure at a minimum that each separate home is consistent within itself.
Areas to create routine, ritual and consistency include:
1. Bedtime
2. Mealtime
3. Medication time
4. Bathtime
5. TV and internet rules
6. Homework rules
7. Methods of discipline
Many times parents express a hesitancy to enforce rules because they feel guilty about the effects of the divorce on their child. However, consistency helps a child understand that things will remain the same despite the parents no longer being in one household. However, always be on the lookout for the signs and symptoms that signal a child needs help dealing with the divorce and seek help if needed.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations and laws may require a material variance in the applicable advice.
Children do better when there is predictability to their routine. In a best-case scenario, there is inter-home consistency and coordination regarding schedules, expectations, and rules. If uniformity is not a realistic possibility, make sure at a minimum that each separate home is consistent within itself.
Areas to create routine, ritual and consistency include:
1. Bedtime
2. Mealtime
3. Medication time
4. Bathtime
5. TV and internet rules
6. Homework rules
7. Methods of discipline
Many times parents express a hesitancy to enforce rules because they feel guilty about the effects of the divorce on their child. However, consistency helps a child understand that things will remain the same despite the parents no longer being in one household. However, always be on the lookout for the signs and symptoms that signal a child needs help dealing with the divorce and seek help if needed.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations and laws may require a material variance in the applicable advice.
Tuesday, August 22, 2006
How to Talk to Your Child About Divorce
I recently discovered a good article that addresses speaking to your child (or children) about divorce. Please click here for the article on talking to child about this subject.
Thursday, August 10, 2006
Money Doesn't Equate to Happiness
Many states have enacted post-secondary education provisions requiring divorced parents to pay for a portion of their children's post-high school education so long as certain conditions are met. While many parents want their children to pursue degrees that result in high starting salaries (MSN just reported that chemical, electrical and computer engineers are ranked first in starting salaries for a 4-year degree program), children and parents have to realize that starting salaries don't tell the whole story.
Career satisfaction is key. If your child likes what s/he spends the day doing, they are more likely to succeed and advance at their jobs. This could lead to faster advancement in their career even if starting salary is low. Conversely, if they pursue a major and a career track solely for the money, they may be headed for trouble.
While both parents should have some involvement in their child's post-secondary education degree choices, they should also realize that focusing only on "big money" may, in the end be counter productive. Besides, most successful people often do not work in the field they studied.
Career satisfaction is key. If your child likes what s/he spends the day doing, they are more likely to succeed and advance at their jobs. This could lead to faster advancement in their career even if starting salary is low. Conversely, if they pursue a major and a career track solely for the money, they may be headed for trouble.
While both parents should have some involvement in their child's post-secondary education degree choices, they should also realize that focusing only on "big money" may, in the end be counter productive. Besides, most successful people often do not work in the field they studied.
Sunday, August 06, 2006
How to Choose the Best Lawyer for You
If you are like most, before purchasing a home you probably followed these traditions: spoke to your realtor or others regarding the home's neighborhood, checked out the district's school system, looked at other homes as a comparison, and compared prices of other homes to make sure you are getting the best possible deal. When you go through a divorce or any family law situation it is equally important to surround yourself with individuals who offer the services you need.
Some of the most common ways to get the name of a family law attorney is to speak to your friends, therapist/counselor, and clergy. Another common way is through another attorney. If you already have a business lawyer or a lawyer who drew up your Will, you may want to ask his/her for a recommendation. Your local bar association might also have names of attorneys who do family law work. Some lawyers are certified in specific areas or are members of a particular Bar Association's practice area (for example, "Family Law"). Take advantage of lawyers who provide a consultation at a low fee or for free and you might find one that meets your criteria.
When you meet with the attorney you should be told briefly how the laws in your state work and what that will mean for your own case. Can the attorney tell you if your court system is backlogged or whether there are specific judges assigned to handle family law matters? If so, this might give you insight to how quickly your case will be decided. A lawyer who knows the judges and their individual biases and personalities may also give you some insight to get ahead of the game. For example, some judges may have a bias against spouses who have extramarital affairs and may perceive the other spouse as a victim automatically awarding him/her custody or more property. A savvy attorney who has been around may be able to maneuver around issues more than someone new to the field or area.
During the first consultation, the lawyer should explain his/her fees. Does she require a retainer (a common practice) or does he bill monthly? Whatever the arrangement, determine the details now and make sure they are included in the fee agreement.
Look at legal styles. There are many different legal styles as there are attorneys. Some attorneys are tough and aggressive and give you an immediate feeling of confidence or dislike, depending on your perspective. Others seem too nice or soft-spoken. You need to choose a legal style that makes you comfortable and empowered and is on your wavelength.
After you have decided who will represent you, a reputable lawyer will send you his or his written fee agreement and give you time to ask questions and sign it. If a lawyer demands that you retain him/her without giving you a chance to think it over, look for another lawyer.
The upshot is you should retain counsel that shares your goals and will work well with your personality.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations and laws may require a material variance in the applicable advice.
Some of the most common ways to get the name of a family law attorney is to speak to your friends, therapist/counselor, and clergy. Another common way is through another attorney. If you already have a business lawyer or a lawyer who drew up your Will, you may want to ask his/her for a recommendation. Your local bar association might also have names of attorneys who do family law work. Some lawyers are certified in specific areas or are members of a particular Bar Association's practice area (for example, "Family Law"). Take advantage of lawyers who provide a consultation at a low fee or for free and you might find one that meets your criteria.
When you meet with the attorney you should be told briefly how the laws in your state work and what that will mean for your own case. Can the attorney tell you if your court system is backlogged or whether there are specific judges assigned to handle family law matters? If so, this might give you insight to how quickly your case will be decided. A lawyer who knows the judges and their individual biases and personalities may also give you some insight to get ahead of the game. For example, some judges may have a bias against spouses who have extramarital affairs and may perceive the other spouse as a victim automatically awarding him/her custody or more property. A savvy attorney who has been around may be able to maneuver around issues more than someone new to the field or area.
During the first consultation, the lawyer should explain his/her fees. Does she require a retainer (a common practice) or does he bill monthly? Whatever the arrangement, determine the details now and make sure they are included in the fee agreement.
Look at legal styles. There are many different legal styles as there are attorneys. Some attorneys are tough and aggressive and give you an immediate feeling of confidence or dislike, depending on your perspective. Others seem too nice or soft-spoken. You need to choose a legal style that makes you comfortable and empowered and is on your wavelength.
After you have decided who will represent you, a reputable lawyer will send you his or his written fee agreement and give you time to ask questions and sign it. If a lawyer demands that you retain him/her without giving you a chance to think it over, look for another lawyer.
The upshot is you should retain counsel that shares your goals and will work well with your personality.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations and laws may require a material variance in the applicable advice.
Friday, July 28, 2006
Impact of Significant Others in Custody Battles
The Iowa Court of Appeals' recent decision in Moraine v. Fogwell, published July 26, 2006, demonstrates the impact that a custodial parent's relationship with a significant other can have on a custody determination.
Both parents in Moraine v. Fogwell sought physical custody of three year-old Abigail. Both had comparable educations and full-time employment. The mother also worked a part-time job in addition to her full-time employment and was attending the local area community college to advance her education.
The father resided with his grandmother for most of his life and, at the time of trial, the mother resided with her boyfriend Justin. Justin was still married (albeit, in the middle of a divorce) but had committed acts which weighed in on the court's decision. These include pleading guilty to fraud charges, failing drug tests, failing to comply with terms of his probation, and commiting domestic abuse during an argument with his wife.
The Iowa court's consideration is always the child's best interest. The court concluded that although Abigail had a significant bond with both parents, the custody evaluator's recommendation that Abigail be placed with her father coupled with the above-noted facts and the father's demonstrated commitment to his daughter (he attended parenting classes and improved communication with Abigail's mother)supported the trial court's award of physical custody of the father.
The lesson to be learned: be careful of who you date and follow your attorney's recommendations to strengthen your case.
Both parents in Moraine v. Fogwell sought physical custody of three year-old Abigail. Both had comparable educations and full-time employment. The mother also worked a part-time job in addition to her full-time employment and was attending the local area community college to advance her education.
The father resided with his grandmother for most of his life and, at the time of trial, the mother resided with her boyfriend Justin. Justin was still married (albeit, in the middle of a divorce) but had committed acts which weighed in on the court's decision. These include pleading guilty to fraud charges, failing drug tests, failing to comply with terms of his probation, and commiting domestic abuse during an argument with his wife.
The Iowa court's consideration is always the child's best interest. The court concluded that although Abigail had a significant bond with both parents, the custody evaluator's recommendation that Abigail be placed with her father coupled with the above-noted facts and the father's demonstrated commitment to his daughter (he attended parenting classes and improved communication with Abigail's mother)supported the trial court's award of physical custody of the father.
The lesson to be learned: be careful of who you date and follow your attorney's recommendations to strengthen your case.
Sunday, July 23, 2006
Child Custody--Mine, Yours (Ours)
Custody and visitation are fighting words. While lawyers and judges are now casting aside the term "visitation" for the less confrontational term "parenting time" (what parents wants to "visit" their child?), the issues are the same.
Any attorney you hire should emphasize the needs and interests of the children, not the rights of the parents. This includes children as young as infants. Gone are the days when experts and court systems believed that a non-custodial parent should be away from his/her primary care-taker for only a few hours. The antiquated approach prevented courts from allowing a father (or mother) to spend overnights with young children essentially stating that a father's rights were less important than the child's need for an undisturbed bonding experience with Mom. Luckily, Iowa Courts have re-evaluated this position and are more apt to entertain requests for joint physical custody.
"Custody" consists of both legal and physical custody. Generally speaking, "legal custody" refers to major decision making such as medical, educational and religious matters while physical custody refers to residence and primary parenting responsibilities. Custody can be shared (joint cusotdy) or delegated to one parent (sole custody). Since each family situation is different, custody arrangements differ as well. Therefore, it is important to consult with your attorney to assess your situation from both a practical and legal perspective to determine what custody arrangement is most appropriate for you.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations may require a material variance in the applicable advice.
Any attorney you hire should emphasize the needs and interests of the children, not the rights of the parents. This includes children as young as infants. Gone are the days when experts and court systems believed that a non-custodial parent should be away from his/her primary care-taker for only a few hours. The antiquated approach prevented courts from allowing a father (or mother) to spend overnights with young children essentially stating that a father's rights were less important than the child's need for an undisturbed bonding experience with Mom. Luckily, Iowa Courts have re-evaluated this position and are more apt to entertain requests for joint physical custody.
"Custody" consists of both legal and physical custody. Generally speaking, "legal custody" refers to major decision making such as medical, educational and religious matters while physical custody refers to residence and primary parenting responsibilities. Custody can be shared (joint cusotdy) or delegated to one parent (sole custody). Since each family situation is different, custody arrangements differ as well. Therefore, it is important to consult with your attorney to assess your situation from both a practical and legal perspective to determine what custody arrangement is most appropriate for you.
This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations may require a material variance in the applicable advice.
Friday, July 21, 2006
Jennifer Jaskolka-Brown Starts Iowa Family Law Blog
Jennifer Jaskolka Brown starts Iowa Family Law Blog
Jennifer Jaskolka-Brown is a shareholder with Sullivan & Ward, P.C., a law firm located in West Des Moines, Iowa. She maintains a general practice which includes an emphasis on family law and litigation.
Jennifer Jaskolka-Brown is a shareholder with Sullivan & Ward, P.C., a law firm located in West Des Moines, Iowa. She maintains a general practice which includes an emphasis on family law and litigation.
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