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Posts tagged "child custody"

Report: Parents with disabilities face bias in custody cases

According to a new report by the National Council on Disability, disabled parents all over the country are having their rights violated in child custody cases. In one case, a quadriplegic mother had to fight an 18-month long legal battle to retain custody of her son. In another, a blind couple temporarily lost custody of their newborn daughter because they were deemed unfit parents.

The problem may stem from the vary laws defining the "best interests of the child," which in most states allow courts to find parents to be unfit based on a disability. However, the council's report charges that these laws clearly violate the 1990 Americans with Disabilities Act, which offered the disabled population innumerable rights and opportunities.

Halle Berry and Gabriel Aubry agree on child custody

Child custody matters involving parents who were never legally married can be complex and highly contentious. Such has been the case in the child custody battle between Hollywood actress Halle Berry and her ex-boyfriend Gabriel Aubry.

Online program aims to help divorced fathers

The bond between a father and child is an important component to a child's development and ability to form and maintain relationships. The strength of this bond, however, is often tested when parents divorce as mothers typically are awarded primary child custody.

What the holidays can mean for single parents

For most families, the upcoming holidays can be a stressful time filled with strategic plans for what family to visit first and what sort of time schedule needs to be kept. But for newly divorced families, this stress can be compounded by powerful emotions coupled with new schedules that they may not have had time to adjust to yet.

Many experts will point out that even though it may not be the first thing parents think about when going through divorce proceedings, it is important to keep the holidays in mind. Having a set schedule such as who will get custody of the kids on what holiday and for how long may help relieve some of the stress associated with the season.

Surrogate embroiled in child custody battle with sperm donor

Thanks to medical advances in fertility options, today men and women who want to become parents have many choices. One option for a couple or individual who is unable to conceive naturally is to use donor eggs and a surrogate. A recent child custody dispute, involving a donor's eggs carried by a surrogate may prove to be groundbreaking in how custody matters are determined for children born via surrogacy.

Same-sex couples and child custody matters

Matters related to divorce and child custody are often complex. Today, many same-sex couples are also choosing to marry and become parents. For these couples, child custody matters can be especially complex and difficult to sort out.

A lesson from celebrities: What not to do during divorce

Most people don't look up to celebrities as role models. There are a few exceptions, but the good antics of most A-listers rarely make it into the tabloids. That said, even if you don't want to emulate everything you see celebrities doing, there are still things you can learn from them.

Granted, most of the weddings in Old Bridge do not have the same pomp and circumstance as weddings hosted by celebrities, but there are still lessons high net worth couples can learn from celebrities.

Biological dad's tale of woe presents strong case for more fathers' rights

Father's rights are often ignored in divorce and child custody disputes. We hear stories about so-called "deadbeat dads," but it is less often that we hear about fathers who genuinely care for their children but are kept apart from them and are not allowed to have custody or visitation. Here's such a story and, frankly, it's probably going to dampen the eyes of at least a few of our New Jersey readers.

The father in this story met the mother of his child in 2005, when she was in the process of separating from her husband. They began dating and soon moved in together and began raising the woman's two children from her previous relationship as well as the daughter they had together.

New Jersey parents in child custody battle

In January 2009, New Jersey officials took away a couple's three young children, and the couple have been fighting the court system for child custody ever since. On November 17, the wife gave birth to a boy, who child care workers also took away following the birth. The names of the children are what drove workers to deny the parents custody.

The couple apparently identifies with Neo-Nazi views, and they gave their children names to that effect. One of their sons who was taken away in 2009 had the name of "Adolf Hitler," and one of the other children had the middle name of "Aryan Nation." They made national headlines at the time after a store refused to put the son's name on a birthday cake.

Family law judge accused of domestic violence

Any kind of charges involving allegations of violence should be taken very seriously. For some people in New Jersey, the repercussions can include fines or jail time. If people are involved child custody disputes, allegations can tip the scales in favor of the other parent. For some people, allegations of domestic violence can even put a person's career in jeopardy.

Recently, one county court family law judge learned this first-hand when he was, at the very least, temporarily banned from ruling on child abuse cases. Why? Because he too was accused of abusing his 16-year-old daughter.

When can a child "choose" which parent to live with?

The answer to this question is not entirely clear. Like many family law matters, the answer will vary from state to state and between different jurisdictions. In some states, a teenager's preference regarding custody may be considered. A judge or a mediator in these states would interview the teenager and then make a determination as to how much, if any, weight should be given to a teenager's child custody preference.

However, "teen" is not a specific age. Some teens may actually be less mature than a younger child. What seems to matter more is the specific reason as to why a child prefers to be in the custody of one parent, as opposed to the other.

Parents can help children through divorce

Although divorce can be an emotionally trying time for all parties, especially when children are involved, divorce does not necessarily have to create lasting negative damage. Children are known to be resilient, and with the help of their parents they can be spared emotional damage from a divorce.

According to a psychology professor at Wake Forest University, parents should pay attention to the following practices in order to help their children cope with the life-changing circumstances of a divorce:

Woman faces charges after disappearing to Mexico with her kids

One woman felt so desperate to get her three children away from a father's alleged domestic violence that she rounded them up and brought them to Mexico with her and her new husband, violating the terms of the state's child custody orders.

The woman has now been detained for four years later and plans on fighting the legal implications that come with her disappearance and what is being called the kidnapping of her children. Any parent within the United States, including New Jersey, that violates child custody agreements will face legal action.

The woman is going to fight the case, claiming that she took the kids to Mexico to escape an ex-husband who allegedly abused and molested the children.

Homosexuals may be at disadvantage in child custody cases

Homosexuals battling for child custody during a divorce from a heterosexual partner will receive different treatment depending where those proceedings take place. While there may be a growing acceptance for the homosexual community within the United States, including New Jersey, a person's sexual orientation can still possibly play a role in a divorce or child custody hearing.

In states that recognize gay marriage, a person's sexual orientation is not a factor, as a judge is forbidden to discriminate because of sexual orientation. Even beyond recognition states, many additional states have agreed that a judge should not base his or her child custody decision on an individual's sexual orientation. Of course, a homosexual parent could be turned down for child custody if he or she posed potential harm to the child.

New film focuses on fathers' rights

There are several cases regarding fathers' rights in the United States, especially in New Jersey. A new filmed titled "Guilty Until Proven Innocent" spotlights this and the number of fathers that are treated unfairly in the courts, specifically by being cheated out of custody and overburdened by child support payments. The film will premier soon. It is directed by a civic activist and produced in association with the American Coalition for Fathers and Children.

The film will be beneficial for documenting certain issues that need to be addressed in family courts, but not all of them. The film only highlights the unfairness that fathers sometimes experience in the courts, but it is somewhat one-sided.

Family law practices mirror changed American families

Over the past 50 years, the traditional American family has been reshaped drastically. Previously, a typical family in Old Bridge included a husband and wife, two children, a house and dog. It was uncommon for couples to live together before they were married, and the divorce rates were much lower.

As the typical American family was redefined, the court system also reflected those changes. "No fault" divorce was introduced, meaning couples were no longer required to blame one spouse for ending the marriage. But the changes go further into the court system than that.

New Jersey courts work to include children more in custody hearings

Children who have reached at least 10 years of age are able to articulate their desires and opinions, but they are rarely allowed to speak during court proceedings. That may be about to change.

Courts hearings in New Jersey that involve child custody are making additional efforts to hear the wishes of the children before making their decisions. This effort is being made in an attempt to accommodate children who often know what they want.

75 percent of children whose parents divorce turn out okay

Most parents want to do everything they can to protect their children. However, parents who need to divorce for their own well-being may be worried about the impact it will have on their kids. Until recently, most studies suggested that the children of parents who divorced were likely to suffer emotionally, physically or academically.

Since the original studies were completed, the culture in New Jersey has changed significantly. Children with divorced parents are no longer in the minority, and divorce is not such a taboo topic. In fact, new studies show that most children who come from "broken homes" turn out just fine. Many children even become more resilient than their peers.

Fathers' rights diminish when children are born out of wedlock

Childbirth should be an exciting time and the opportunity to celebrate new life. However, when children are born out of wedlock, parents may be faced with an almost opposite situation. The battle for New Jersey parents often starts in court, where parents work with legal officials to determine child custody, child support and father's rights issues.

Unless the parents work out a custody agreement among themselves, prevailing law tends to favor the mother in these cases. In most states, the mother has 100 percent custody rights until the father is identified. After the father is established, he will likely have to initiate legal action if he wants to have custodial rights to the child or even parenting time.

Domestic violence suspect jailed without bond

A man accused of attacking his wife during an April 15 divorce hearing has been sent to jail to be held without bond. In the attack, the woman sustained significant injuries, including black eyes, a fractured jaw, broken nose and a concussion.

The woman said that her husband has a history of domestic violence, claiming that he regularly punched, pushed and dragged her. The recent outburst is likely to further sway the judge's opinion in her favor. In New Jersey and most other states, extreme physical cruelty is considered acceptable grounds for divorce.

Goldstein & Bachman's founding partners - Mark Goldstein and Howard Bachman - have each practiced law in New Jersey for more than 20 years.

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