Articles Posted in Child Custody

In this issue of our Charlotte Divorce Attorney Blog Family Law Newsletter, we take a look at the increasing popularity of Post-nuptial Agreements and the many topics which can be addressed by Post-nuptial Agreements. We also consider a couple issues relating to Father’s parental rights in child custody disputes. Finally, we discuss how a divorce can affect your Last Will and Testament and other similar legal documents.

Click here to view and print our Charlotte Divorce Attorney Blog Family Law Newsletter – Fall 2010:

CHARLOTTE DIVORCE LAWYER BLOG FAMILY LAW NEWSLETTER FALL 2010

Elian Gonzalez, the Cuban child who became the star of an international custody battle a decade ago, released his first comments on the incident on the recent 10th anniversary of his return to his father in Cuba. He reported that he is happy to be in Cuba, and extended his gratitude to “a large part of the American public” for reuniting him with his father.

Gonzalez was only five years old when a fisherman found him floating off the coast of Florida in an inner tube on Thanksgiving Day of 1999. His mother and others fleeing Cuba drowned trying to reach American soil, while his father remained on the island. Gonzalez’s relatives in Miami refused to give him up after he was found, and Fidel Castro led marches in Cuba calling for his return home. U.S. immigration officials ruled that Gonzalez should be returned to Cuba, which created an outrage among Cuban-Americans. Armed federal agents raided the home of Gonzalez’s uncle in April of 2000 and seized Gonzalez from a closet to return him to Cuba.

Several American parents have waged notorious international custody battles in the years following Gonzalez’s ordeal. David Goldman of New Jersey very recently ended a highly publicized five-year child custody battle for his son, who was taken to his mother’s native Brazil for vacation and was never returned. Instead, Goldman’s wife divorced him and remarried a Brazilian man. When she died in 2009, her Brazilian husb\and moved to adopt the child. After five years of fighting, Goldman was permitted to return his son to American soil on Christmas Eve of 2009.

Researchers from Montclair State University in New Jersey recently reported that, in marriages with a great deal of conflict, the notion of “staying together for the kids” might do more harm than good. The study, which was presented last year at the annual meetings of the Population Association of America, is being prepared for publication in a scientific journal.

To form their conclusions, the researchers analyzed the results of a national survey of nearly 7,000 married couples and their children living in the United States. The parents were initially surveyed in 1987 and asked questions to gauge their level of marital conflict at home, including how often they disagreed over money, household tasks, the in-laws, and multiple other hot-button issues. Then, between 1992 and 1993, both parents and children were surveyed, with researchers assessing how the parental conflict changed over the years, including whether the couple divorced. The children were surveyed a final time, as adults in 2001 and 2002, and were asked about their level of happiness and conflict in their own current relationships.

The results of the study indicate that children of parents who fight a lot yet stay married experience more conflict in their own marital relationships than children of parents who fight and get divorced. Researchers indicate that the results show that children do suffer short-term issues during crisis periods when their parents divorce, but they usually recover in the long run. Constant exposure to parental strife is most likely what causes children’s future relationships to suffer and sometimes end. In contract, parental happiness did not appear to affect the children’s adult relationships; children of happily married parents did not necessarily grow up to have happy marriages themselves.

Many Charlotte fathers – and a few mothers – are advocating for shared parenting time after couples divorce. A local group called Kids Need 2 Parents (KN2P) held a rally at Marshall Park on June 12 in an attempt to make “shared parenting” the presumed standard in custody law.

Although the current legal standard in child custody decisions is whatever arraignment is found to be “in the child’s best interest,” the President of KN2P, Sheila Peltzer, insists that the reality of custody battles is that the mother wins custody 85% of the time. Under KN2P’s proposed plan for shared custody, each child would start out splitting his or her time 50/50 between parents.

Members of KN2P believe that the Tender Years Doctrine, a common law theory that presumed that children of a young age are better suited to live with their mothers rather than fathers, is an unspoken bias in the law that remains today. They claim that children’s right to equal access to both parents is “the civil rights fight of this century.”

Fourteen of our fifty states currently approve the use of marijuana for medical purposes in some form. However, because the use of marijuana is still illegal under federal law, its role in child custody disputes has become a subject of great debate in recent years. Although medical marijuana laws can protect patients from criminal charges, they typically do not prevent judges and guardians ad litem from considering a parent’s use of marijuana as a factor in custody decisions.

Most often, the judicial system will side with parents who seek to keep their children away from marijuana. With some other painkiller medications, judges can require tests to establish how much of a drug a patient has in his system at any given time; however, because treatment providers cannot prescribe specific dosages of marijuana without violating federal law, it is currently unclear what constitutes an “appropriate” level of marijuana in a patient’s system.

Medical marijuana activists in several states, including Washington, California, and Colorado, state that they have been getting more inquiries recently from patients involved in custody disputes, as the number of patients using marijuana for medical purposes increases. According to the Marijuana Policy Project, based in Washington, D.C., only two states with medical marijuana laws specify that patients will not lose custody or visitation rights, unless the patient’s use of marijuana endangers the child or is contrary to the child’s best interests.

This year, Father’s Day marked a new milestone for fathers across the country: they are becoming just as stressed as mothers. Last week, Boston College released a study called “The New Dad,” which suggested that new fathers are facing a subtle bias in the workplace that fails to recognize their new family responsibilities and obligations. This workplace bias assumes that mothers, rather than fathers, will be most affected by the addition of children to the family.

However, this research highlights the new challenges facing fathers: they must navigate a workplace that is typically reluctant to give them time off for family reasons. Several studies show that men, compared with their female colleagues, are less likely to take advantage of benefits like flexible schedules and family leave. The Boston College study found that when men needed to take their children to the doctor or pick them up from daycare, they tended to do so in a stealthy fashion rather than ask for a more flexible work arrangement.

Thus, fathers are now facing a social dilemma that is more often faced by mothers – finding the balance between being a good parent and a good worker. Fathers also seem more unhappy than mothers with the balancing act: In dual-income families, 59 percent of fathers report some level of “work-life conflict,” compared with about 45 percent of women, according to a 2008 report from The Families and Work Institute in New York.

A judge in Charlotte will soon have to decide the fate of two siblings who recently witnessed their father murder the rest of their family in their home. Charlotte-Mecklenburg Police report that the father of the children, Kenny Chapman, suffocated his wife and their 1-year-old daughter, then stabbed his wife’s daughter from a previous relationship. Chapman’s surviving 11-year-old daughter claims that he spared her and her 2-year-old brother because they were his first-born of each sex, and therefore they were special. The surviving children lived in the home for two weeks after the murders, and the daughter did not contact any relatives or act distraught, in an effort to avoid the same fate at her father’s hands.

The two children had the same father, but different mothers, which is complicating their case. The paternal grandparents want to be awarded custody of both children, but the maternal grandmother only wants custody of the boy, as she believes that she has a significant connection to him, and she is of no relation to the girl. Due to everything the children have endured together, the paternal grandparents believe that the children belong together. If the children are separated, the grandparents hope that arrangements can be made for them to see one another on a regular basis.

If you have a daughter rather than a son, you are nearly 5 percent more likely to divorce, according to research conducted by the Council on Contemporary Families. This statistic also multiplies with each new birth in the family. Researchers theorize that this statistic exists because fathers tend to become more invested in family life when they have boys.

Thumbnail image for ARNOLD&SMITH_209.JPGIn this issue of our Charlotte Divorce Lawyer Blog Family Law Newsletter, we take a look at post-divorce issues such as automatic child support payments and changing beneficiaries on insurance policies and accounts. We also take a look at how taking a lower paying job will not always reduce child support or alimony payments. Finally, since it is tax time, we address which parent is entitled to take the tax deduction for a child in a split custody arrangement.

Click here to view and print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Spring 2010:

CHARLOTTE DIVORCE LAWYER BLOG FAMILY LAW NEWSLETTER SPRING 2010

As reported by the Jacksonville Daily News (Judges Say Abuse List Challenge Not Good Enough), last week, the North Carolina Court of Appeals ruled unanimously that the state’s procedures in place for a person to challenge their addition to the “Responsible Individuals List” violates the state constitution by denying due process rights. In the future, those suspected by social services of child abuse must have the chance to defend themselves before they are placed on the list.

The Responsible Individuals List is kept by the North Carolina Department of Health and Human Services, which can provide information from the list to day care centers, adult care homes, or adoption agencies in order to evaluate whether a person is fit to be an adoptive parent or child card provider. The list is also designed to be a complement to other information, such as background checks, although it is not available to the public. Now, an individual under consideration for placement on the list must be given notice and an opportunity to be heard before being placed on the list.

The case at issue, In the Matter of: W.B.M, involved a man who was placed on the list after his county department of social services determined that sexual abuse allegations against him were verified. He challenged the constitutionality of the list after he discovered that he was placed on it. He has been on the list for three years, although he denies abusing his child and has never been charged with a crime. The case could potentially be appealed to the North Carolina Supreme Court.

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