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Mother Loses Physical Custody and Right to Homeschool Daughter

lonely.jpgWhen I first read the headline and summary of this case, I wondered why a court would prohibit parents from homeschooling their children.

I thought to myself, "This would never fly in California."

Then I downloaded the court decision, and I understood the deeper issues involved in this very sad case. Prepare yourself.

Superficially, the case is about whether a parent has a right to home-school her children.
The deeper facts of the case are very different, however.

State of Nebraska Places Daughters in Custody Due to Physical Abuse

Three years ago, the state of Nebraska asked the juvenile court to place two children - Cassandra and Moira - in temporary custody with the state's Department of Health and Human Services.

Apparently, a county sheriff reported that Cassandra, who was just 13, was forced to sleep in a tent outside of the home even when the temperature was a cool 55 degrees. After she attempted to leave the tent to enter the warmer home, her uncle forced her back into the tent and zip-tied it shut.

The child attempted to escape again, so the mother turned on a water hose, which the uncle used to spray the girl. Then the uncle used rope to tie around the girl's wrists.

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In this Divorce Case, Neither Parent Won their Custody Battles

CPS knocks.jpgWhen two people marry, have children and then file for divorce, what do you think one of the most contested issues can be?

Here's the answer: anything and everything having to do with children. Custody, child support payments, and child visitation can be among the most contested and emotional issues two ex-spouses fight over and file appeals over.

With Both Parents Incarcerated, Who Takes Care of the Children?

Take the case of Martin Olsen and Dixie Jackson.

While Dixie was in jail, her ex-husband cared for the couple's children. During this time, child services were commencing a reunification program with the father as the custodial parent.

Then the father slipped.

Police arrested and incarcerated him after charging him with possession of drugs and drug paraphernalia. So the Utah Division of Child and Family Services stepped in and placed the two children in foster care.

When the case came before a judge, the Division of Child and Family Services recommended the court terminate the reunification process with the children.

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Mother Wins Primary Custody and Proves She Knows How to Protect Her Children

DV.jpgAt times, life seems horribly unfair.

That must be how Andrea felt after being accosted by her husband and fleeing to her local police department for help.

What happened next was social services took her children and then attempted to prove that the mother was incapable of protecting her children from harm.

But let's start at the beginning.

Husband Becomes Increasingly Violent

In 2006, Andrea was married. Along with her son Jonathan from a previous marriage, Andrea and her new husband had two children, Richard, and Savanna.

Three years into the marriage, Andrea's husband punched her in the face while arguing.

By 2013, Andrea and her husband separated and the children lived primarily with her mother.

A year later, the children attended a party with the father, and when the mother picked up her children her ex-husband noticed marks on Andrea's neck. Enraged, the father called Andrea a "bitch" and "whore" and pinched her neck.

He then ripped off her sunglasses, destroyed them, and then tossed her belongings out of the house. He didn't stop there. Eventually, he punched her and slapped her.

Andrea took refuge that night in her local police department. She couldn't have anticipated that the police would then contact the Department of Children and Family Services, which filed a petition a petition against Andrea.

Her crime? According to the Department, failing to protect her children from their father's violent nature.

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A Tale of Two Mothers Fighting for Custody and Safety

main-events-tale-of-two-cities_bc.jpgIt was the best of times, it was the worst of times for these two mothers. If you are active on Twitter or Facebook, you've probably seen this popular hashtag #StandWithNanHui.

#StandWithNanHui Case Draws Attention to Domestic Violence

Nan-Hui Jo isn't a celebrity. She is a mother who fled to South Korea with her daughter to escape what she described as emotional and physical abuse by her former partner and her daughter's father.

Jo's former partner, Jesse Charlton, has admitted to grabbing the woman by her throat and tossing her against a wall.

Despite that assertion, a California jury decided the mother was guilty of child abduction.

The judge has delayed sentencing until April 1. However, it's possible that the mother will be convicted and deported. In that case, the child would return to her biological father, Charlton.

Several groups, including Asian-American, domestic violence, and immigration advocates have rallied in support of the mother and recently organized a rally at the San Francisco Office of Immigration and Customs Enforcement and Customs and Order Protection.

No one knows what the outcome will be until the judge rules on April 1.

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When You Risk Losing Your Children, You Need An Experienced Dependency Lawyer

October 28, 2014, by Law Offices of James V. Sansone

article-2310920-0F6A935E00000578-746_634x514.jpgHow far would you go to keep your children? Would you hire an attorney? Would you appeal any decision that separated you from your kids?

The answer is obvious, right? Every parent would do whatever it took to keep their children with them.

What happens to the children who don't receive proper care or enough food and who don't have winter coats or parents who care if they attend school? Should those parents be allowed to keep their children?

These were the issues presented in the case of a couple, Larry M. and Sonia M., who tried to keep their six- and eight-year-old children from ending up in foster care, or even worse, being adopted by another couple.

Continue reading "When You Risk Losing Your Children, You Need An Experienced Dependency Lawyer" »

Adoption Case Pits Tribal Court Against State Judiciary System

September 16, 2014, by Law Offices of James V. Sansone

1.jpgAn adoption case in Alaska recently became a test of the tribal court's legal authority to remove the parental rights of a parent who was not a member of the tribe.

In this case, a daughter was removed from the home of Edward Parks and Bessie Stearman in 2008. According to reports, the daughter was six months old at the time, and a social worker was concerned about domestic violence issues in the home.

As a result of the social worker's report, the tribal court took emergency action and sent the baby girl to Stearman's first cousin, who became the child's foster parent.

Edward Parks was not a member of the Native Village of Minto and had never lived in the Minto Community. He was, however, a member of the Stevens Village, another tribe. Stearman was a member of the Minto tribe.

Instead of seeking relief from the tribal court, Parks filed a suit with the state court system where he found support. Superior Court Judge Paul Lyle sided with Parks, determining that the Minto Tribal Court had violated Parks' constitutionally protected due-process rights when they didn't afford the father the right to appear before it to testify.

The tribe appealed the court's decision and the Alaska Attorney General, siding with Parks, filed a brief in support of his case. That brief argued that the state court was the proper venue to judge the parental rights of a non-tribal member.

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Courts Argue over the Rights of a De Facto Father

mediationdv.jpgWhat happens when a woman involved in an intermittent relationship over the course of eight years becomes pregnant?

In the case of Amanda Moore and Matthew Pitts, the boyfriend filed a complaint in 2011 seeking parental rights and responsibilities for the child, who was by then nearly three years old. Matthew succeeded, even after a pregnancy test proved he was not the biological father, to be designated as a de facto parent.

Amanda filed an appeal to remove Matthew's de facto parenthood and to recognize Eric B. Hague as the father. A paternity test determined that Eric, with whom Amanda dated for a few months in 2008, was the biological child.

Amanda also asserted that Matthew's role in her son's life had been short, inconsistent and devoid of caretaking.

At the time of the appeal, Eric was on active duty in the military and lived in Wisconsin with this wife, son and two stepchildren. In court, Eric testified that he and Amanda wanted the child to recognize him as his true father.

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Child Abuse Allegations Fuel Custody Battle

February 25, 2014, by Law Offices of James V. Sansone

parental-alienation-270.jpgA child custody battle has been brewing in Maine for the past six years.

The battle began when the parents of "M.M." divorced in 2008 and the mother received primary custody of the child with parents equally sharing parental rights.

Unhappy with that decision, the father later sought custody, and a district court awarded him sole parental rights but noted that the mother had the right to frequent visitation.

The custody struggle was far from over.

Petitioners Allege Child Abuse Against the Father

In 2013, four petitioners who were unrelated to the child - the mother's investigator and three private citizens who had no legal or familial relationship to the child - filed a petition for a child protection order and alleged the father abused M.M. The petitioners also sought a preliminary protection order granting custody to the mother.

A preliminary protective order can be issued upon the filing of a petition provided the request is supported by an affidavit or sworn testimony before a judge.

The petitioners provided the court with documented incidents of child abuse, including evidence that the father had assaulted the child's head with a metal pan, physically abused his second wife, and was unwilling to allow the mother to visit her child.

The court dismissed the petition and denied their request. The judge determined that the petitioners lacked legal standing and that the claims asserted by the petitioners were barred by the doctrine of res judicata. Res judicata is Latin for "a matter already judged."

Displeased with that decision, the petitioners appealed to the State Supreme Court.

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Four-Year Adoption Battle Involving Cherokee Nation Member Finally Ends

October 1, 2013, by Law Offices of James V. Sansone

ICWA.jpgAdoptions can be tricky.

Consider this: An unmarried, pregnant woman, who received no financial or emotional support from the biological father, decided to place her child up for adoption through a government agency. The agency found a deserving couple and the adoption of baby Veronica was finalized in 2009.

But the case didn't end there.

After the adoption Dusten Brown, the biological father and a member of the Cherokee Nation, contested the adoption. He alleged that his former lover lied about the child's true heritage and that the reason he'd agreed to relinquish his parental rights was to avoid paying child support.

The adopted parents, Matt and Melanie Capobianco, and Brown took their disagreements to court. The Capobiancos appealed a lower court decision awarding custody to Brown, causing the case to land at the bench of the U.S. Supreme Court.

The Adoption of Native American Children

Continue reading "Four-Year Adoption Battle Involving Cherokee Nation Member Finally Ends" »

Massachusetts Rapist Receives Paternity Rights

September 3, 2013, by Law Offices of James V. Sansone

rapists-custody-rights.jpgThis is an unbelievably tragic story. In 2009, a 20-year-old man named Jamie Melendez raped a 14-year-old girl (identified as H.T.) in the state of Massachusetts. Unfortunately, she became pregnant.

The rapist pleaded guilty to rape and was sentenced in 2011 to 16 years of probation.
Paternity was established in this case and as part of probation, the court acknowledged Melendez as the father of the child and ordered him to comply with the family court's orders until the child reaches maturity, age 18.

The family court ordered Melendez to pay $110 a week in child support. As a result of being ordered to pay child support, Melendez sought visitation rights. A family court judge granted his request even though Melendez had never expressed any interest in the child before that date.

Outraged, the young mother sued Massachusetts in 2012 in an effort to stop the court from forcing her into a lengthy relationship with the man who violated her. She asked the court to order Melendez to pay criminal restitution instead of child support but the court denied her request.

Presently, H.T. is seeking an injunction - a court order that would prohibit Melendez from having a relationship with the child - and annulment of the order. The case is pending.

What Happens Elsewhere to Children Born to Rape Victims?

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Indiana Adoption Case Finally Resolved after 7-Year Battle

August 27, 2013, by Law Offices of James V. Sansone

Term of Rights.jpgAdopting a baby can be as joyous a moment as bringing your own children into the world. But it is also a legal process that can be emotional, expensive, and wrought with worry.
Take the recent case in Indiana as an example. Fraternal twins were born to a mother identified as C.A.B. in 2004. The father's identity was never established.

Two years later, the children were removed from the biological mother's home and placed in foster care. In 2007, a Terminated Parental Rights (TPR) judgment was issued against the biological mother and a year later, the judgment was approved by the court.
The foster parents, eager for children of their own, petitioned to adopt the children and won in 2008 despite the fact that the biological mother's appeal of the TPR judgment was pending.

No one notified the biological mother about the adoption proceedings because state law didn't require notification when a TPR was pending.

Adoptive Parents Won - For Awhile

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How You Behave Can Affect Your Santa Rosa Custody and Visitation Agreements

child-custody.jpgYou finalized your divorce, all custody issues have been settled and you're living apart peacefully.

But suddenly your ex-spouse isn't agreeing with some aspects of your custody and visitation agreement.

When Agreements Fall Apart

Here are a variety of ways that custody and visitation agreements can often fall apart.

  • Your ex-spouse is repeatedly showing up late for visitation exchanges or missing them completely. Or she might be discouraging your children from spending time with you.
  • If you and your ex-spouse share legal custody, you both have a right to be involved in major decisions relative to the education, health and welfare of your children. Excluding each other from key decisions means that you are violating your agreement.
  • You are not allowed to attack your ex-spouse in front of the children, lie to the kids about their father or mother, or denigrate your ex-spouse. Causing your children to think negatively about your ex-spouse will affect the court's opinion of you.
  • If you allege that your ex-spouse is being abusive to your children and those charges are false, you will put your own custody rights at risk.
  • If you have a problem with substance abuse, you can expect to have your drug habit negatively impact your child custody and visitation rights

Back in Family Law Court

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Child Custody Battle Brews in Aftermath of Mindy McCready's Suicide

child-custody2.jpgWhen country music singer Mindy McCready took her life on February 17, she left behind two sons whose future will now be determined by a judge.

Two weeks before McCready's death, and at her father's urging, Human Services placed her two sons - Zander, 6, and Zayne, 11 months - in foster care. McCready is known to have waged a battle with substance abuse and there were reports that the home was disheveled and that prescription bottles were readily available.

A custody battle has ensued between McCready's father and stepmother, and Zander's father, Bill McKnight. On April 5, a judge will decide the fate of the two brothers, including whether they will be raised separately.

There is no custody dispute over Zayne; his father reportedly committed suicide in January.

What the Judge Will Take into Consideration

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Child Custody Disputes Among Unmarried Heterosexual and Gay Unmarried Couples Are Similar

pic_child.pngLater this month, the Manhattan Supreme Court will decide the fate of a child born last July to an unmarried, heterosexual couple. In the interim, the baby is stuck in foster care and under the purview of Child Protective Services.

How Could This Happen?

Jonathan Sporn, a 54-year-old pharmaceuticals executive, began co-habiting with his partner, Leann Leutner, a lawyer, in 2010. Both had been previously divorced, weren't in a hurry to marry again, but wanted to start a family. They sought the assistance of an anonymous sperm donor and last July, Leutner gave birth to a healthy boy, Lincoln Amory Aurelian Sporn Leutner.

On January 1, 2013, the mother, who had struggled with postpartum depression, committed suicide. Not recognizing Sporn as the father due to the couple's unmarried status, Child Protective Services stepped in and placed the baby in foster care.

Now Sporn and Leutner's sister, Susan Sylvester, are battling for custody of little Lincoln. The court has visited both homes and deemed them both appropriate for the child.

According to the law, Sporn isn't a parent because he never married Leutner and he didn't father the child. In addition, Sporn failed to immediately take steps to adopt Lincoln following his birth.

Case Bears Similarities to Challenges Gay Parents Face

Continue reading "Child Custody Disputes Among Unmarried Heterosexual and Gay Unmarried Couples Are Similar" »

Is Facebook Safe? It might Not Be for Your Teen

February 12, 2013, by Law Offices of James V. Sansone

internetSafety3_frame.jpgIn 2008, the Illinois legislature enacted a law authored by state Sen. John Waterman barring most registered sex offenders from using Facebook or other social networking sites. The law was challenged and upheld by a district court in June 2012.

Displeased with that court's decision, the ACLU of Indiana filed an appeal. The 7th U.S. Circuit of Appeals in Chicago in late January overturned the lower court's decision and ruled that the Indiana law was unconstitutional.

Sen. Waterman has stated he will pursue new measures to protect children online from the dangers of sexual predators.

Sex Offenders Fight Back

Sex offenders have organized legal battles, fighting for their right to be online. They were successful in February 2012 when a federal judge in Louisiana struck down a state law barring sex offenders from using Facebook and other social media on First Amendment grounds.

Efforts to restrict sex offenders across the U.S. seem to reach the same obstacle.

Continue reading "Is Facebook Safe? It might Not Be for Your Teen" »