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.
Friday, July 28, 2006
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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