Timescolonist.com posted an article the other day titled, “Parental Abduction: Here are the Warning Signs.” Although the article discusses issues arising out of Canada the same principals apply to the States.
Some things to consider when there are concerns regarding Parental Abduction:
(1) Divorce or separation is “high conflict.”
Drug testing is a common issue in divorce and other legal proceedings involving children. Family Law Judges in Jacksonville have the authority to order a parent who is alleged to be using and or abusing illegal substances to submit to a drug test. This usually occurs upon motion of the other party or parent.
Reportedly, R&B star, Usher, is finding himself in this exact situation. Neontommy.com posted an article, which opens with, “In the heat of a custody battle, Usher’s ex-wife, Tameka Raymond, is practically begging for the judge to have him drug tested. She claims that the R&B superstar “pops pills” and “who knows what else” in front of their two boys.”
If you live in the Jacksonville area and are concerned that your ex-spouse or soon-to-be-ex-spouse is abusing drugs around your children contact a Jacksonville Family Law Lawyer today to schedule a free consultation.
Family law attorney, Edra J. Pollin, recently wrote an article on www.huffintonpost.com titled, “My Top Ten List Of What Not To Do In Divorce Court.” Ms. Pollin suggests that judicial determinations are often based on factors other than legal argument and evidence. Particularly, Ms. Pollin suggests judges often look to the way parties behave while in the court room. As a Jacksonville Family Law Lawyer, I could not agree more.
The following list consists of what NOT to do while in front of a judge.
(1) Do not roll your eyes, mutter under your breath or otherwise gesticulate when your spouse is testifying.
A few days ago I wrote about the Texas Family Law Judge, William Adams, being caught on video beating his daughter. The video showed Judge Adams beating his then 16 year-old daughter, Hilary Adams with a belt. The video has caught the attention of news agencies across the country and has outrage the public at large.
Since the video has been released Judge Adams has been served with a restraining order that temporarily terminates his visitation with his younger daughter. Judge Adam’s, ex-wife, Hallie Adams is reported to fear that her daughter is not safe spending time with Judge Adams right now.
A hearing has been scheduled for November 21st to determine whether Judge Adam’s visitation with his younger daughter should continue to be denied or should be supervised by a third party.
The other day I stumbled upon a disturbing article titled, “Revenge of the disabled daughter: Video of ‘family law judge brutally beating girl’ sweeps web after she posts it on YouTube”.
Apparently, 23 year old Hilary Adams recently posted a video on YouTube which showed her father and mother ruthlessly beating her with a belt when she was 16 years old. The beating was prompted when Ms. Adams was caught downloading music onto her computer. Evidently, beatings like this must have occurred previously as Ms. Adams intentionally set her webcam up in order to catch the abuse.
Sound bad enough? Regrettably, not only does Ms. Adams suffer from cerebral palsy, her father is the Honorable William Adams of Aransas County, Texas. A Family Law JUDGE!!!
According to a recent news report, parents are increasingly arguing the issue of child obesity in child custody cases. In many states, including Florida, family courts are often burdened with deciding the rights of parents following a divorce. Couples should figure these terms out on their own, but the court may, in some instances, have to make the decision for them. In Jacksonville the court makes this decision based on the best interest of the child standard and considers arguments from both sides as to which parent should get which rights.
Parents are generally free to offer any sort of evidence (provided it complies with the rules of evidence) for the court to consider, and some parents are beginning to argue that the other parent has contributed to the child’s obesity. They can show this in any number of ways; for example, by referencing the child’s weight, by showing the sort of diet the other parent provides the child, or showing the other parent lets the child sit inside to play video games all day. For example, one case from Oregon saw a judge limit rights of a parent who was providing fast-food meals to the child for nearly every single meal.
It is important to note that a child’s obesity is just one factor the court might consider. But if a child’s parent is encouraging unhealthy behavior, there are likely other issues to consider as well. If you are going through a child custody case or a divorce, contact a Florida Family Law Attorney to discuss your case.
In many of my Jacksonville divorce cases I run into the all to common problem of Parental Alienation Syndrome. ParentalAlienation.org defines Parental Alienation Syndrome (PAS) as “a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrination and the child’s own contributions to the vilification of the targeted parent.”
In my past Child Custody Cases in Jacksonville, I have unfortunately seen parents make degrading remarks about the other parent to the child, make false accusations to the Department of Children and Families (DCF) and refuse to comply with time-sharing agreements.
In cases where Parental Alienation is an issue the Court needs to be made aware of what exactly is occurring and the severity of the problem in order for the Court devise a remedy.
Recently, an Australian man had charges of rape dismissed because of text messages stored on his iPhone. It’s not uncommon for text messages to be used in such cases; what’s interesting is that the man had deleted the text messages several weeks earlier. Fortunately, an it expert was able to access those deleted messages and recover them for use in the rape case.
Text messages from phones are often difficult to access once they’ve been deleted, however; as a Jacksonville Divorce Lawyer I know that retrieval of these messages is possible. Specifically, your cell phone service provider may hold on to the content of text messages for a certain time period, so even if you delete them from your phone, they might be accessible. Often times a subpoena is necessary to retrieve the text message content.
This information has been important in many of my Jacksonville divorce cases because text messages may reveal valuable evidence regarding child custody, adultery, injunctions, etc. Typically, it is not a good idea to use text messages for intimate discussions or other conversations you may wish to keep private. If you don’t want something you say to be used against you, either don’t have the conversation or have it in person so there’s not a history of the conversation stored on your phone or computer. And remember, if you are going through a divorce, contact a Jacksonville Divorce Lawyer to discuss your questions or concerns.
Florida is a “no fault” divorce state. This means that either spouse may seek a divorce without showing cause for the desired separation. The spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Jacksonville Florida courts are not concerned with which party played the greater role in causing the divorce.
As a Jacksonville Divorce Attorney, I am often asked how a cheating spouse factors into a divorce in Florida. While adulterous conduct does not factor into the court’s decision to grant a divorce, it can impact other important issues raised in a divorce.
In child custody battles, a court considers the “moral fitness” of a parent seeking custody. Evidence of adulterous conduct can lower a party’s level of “moral fitness,” and decrease his or her chances of receiving custody. However, it is not an absolute bar to child custody. Often times, a larger impact will be whether the adultery had an adverse impact on the child.
As a Jacksonville Child Custody Lawyer I know all to well that custody disputes can get very volatile. Unfortunately, one custody dispute in Southern California turned deadly this past Wednesday.
Reports have come out that 42-year-old Scott Evans De Kraai of Huntington Beach, California allegedly opened fire at the salon his ex-Wife worked, ultimately killing eight people including is ex-Wife.
Orange County court records show that Mr. De Kraai and his ex-Wife, Michelle De Kraai, were involved in child custody dispute and a child custody evaluator was recently appointed by the court in April.
Jacksonville Divorce Attorney Blog