Recently in Family Law Category

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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Divorce Tips for Sonoma County Boomer Women

September 10, 2014, by Law Offices of James V. Sansone

o-BABY-BOOMER-DIVORCE-facebook.jpgIf you're reading this blog, you're probably a Boomer. A study released in February found that Americans who are over 50 years of age are twice as likely to divorce as people who were that age 20 years ago.

No one wants to have a midlife divorce, but it happens.

Women tend to file for divorce more often than men. Their reasons range from a renewed focus on their careers to a sense of empowerment. Interestingly, men are more reluctant to leave a marriage while children are still living at home. And according to the U.S. Census Bureau, more working women than men have college degrees.

Of course, there are always exceptions to the rule. There are cases in which a woman is more reluctant to leave the marriage. She may want to keep the family together to raise the children, or she might have taken a break from work to become a stay-at-home mom and is nervous about re-entering the workplace.

Social Security Tips for Divorced Women

Then there are women in their sixties or seventies who worry about Social Security. I have some good news that could lessen your worries in this regard. Women can receive Social Security survivor benefits based on the ex-husband's earnings provided you aren't remarried when you seek to collect them. In addition, he either has to be collecting his retirement benefits or you have to have been divorced for at least two years, and you must be at least age 62.

Here are some additional tips:

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Florida Gets Closer to Allow Same-Sex Marriage - Update on Gay Marriage Around the Country

September 2, 2014, by Law Offices of James V. Sansone

images.jpgIn July, two Key West residents prevailed in a same-sex marriage case in a Florida district court. In that case, Monroe Chief Circuit Judge Luis Garcia - similar to other judges -- characterized the ban on gay marriage as unconstitutional.

Florida Attorney General Pam Bondi immediately issued a stay on Judge Garcia's decision. When the men asked the appellate court to lift the automatic stay, the appellate court responded with a firm denial.

It was the couple's second attempt to lift the stay.

Consequently, Judge Garcia's ruling only applies to the residents of Monroe Count.

Update on the Status of Same-Sex Marriage in the U.S.

So far, same-sex marriage is legal in 19 states and the District of Columbia. Those states are California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.

Same-sex marriages continue to be banned in Alabama, Alaska, Arizona, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, West Virginia and Wyoming.

These are the states where judges ruled that the ban on same-sex marriage was unconstitutional and yet state attorney generals have issued stays: Arkansas, Colorado, Florida, Idaho, Indiana, Kentucky, Michigan, Oklahoma, Texas, Utah, Virginia and Wisconsin.

Colorado allows civil unions. In a civil union, couples enjoy many of the rights of a married couple. However, they are unable to enjoy a number of benefits, including Social Security benefits upon the death of a spouse.

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Family Law News: Worst States to Get a Divorce & International Adoptions Suffer Delays

August 19, 2014, by Law Offices of James V. Sansone

coupleuse.jpgRemember the days when everyone seemed to be moving to California? Those days are over.

Back in 2012, the U.S. Census Bureau reported that 100,000 people had left the Golden State due to the high cost of living. Where did they flee? Texas was their No. 1 choice, followed by Arizona, Nevada, Washington and Oregon.

Now there's another reason to pack up and fly away - maybe. California is on the list of the seven worst states for divorce, according to ABC News. Let's look at why.

California is the only state that requires a six-month interim between filing for divorce and finalizing it. And its filing fee of $345 is the highest in the country.

New York also made the list; however, its filing fee is $335. Like California, it recognizes no-fault divorce and requires a six-month interim between the initial filing for divorce and finalizing it.

You don't want to move to Nebraska. While the filing fee is just $157, the state requires 420 days to process divorces. In addition, it requires a year's residency in the state followed by a two-month cooling-off period.

If you live in Arizona, the minimum time to process a divorce in your state is 540 days, the longest processing time in the country.

South Carolina requires a one-year separation before you can even file for divorce. Over in Rhode Island, the processing fee is only $120 but it takes the state up to 510 days to process the paperwork.

Vermont has been deemed the worst place to get a divorce. Here, couples must live separately for six months followed by a three-month waiting period.

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Proposed Bill Would Protect Soldiers in Child Custody Cases

August 12, 2014, by Law Offices of James V. Sansone

download.jpgWhat happens when a divorced parent serving in the military is deployed to a war zone? Typically, parents work out a temporary change to their custody agreement with the intent to return to the original agreement when the soldier returns.

But as writer Harvey Mackay is famous for saying, "Good intentions aren't enough."

In too many cases, temporary changes become permanent, and the military parent loses custody of his or her child or loses the right to primary custody when the deployment ends.

Custody Agreements Are Needed While Soldiers Are Deployed

Presently, an estimated 1.9 million children have one or more parents serving in the military, including 75,000 single parents. When a parent is deployed to Afghanistan, for example, the military recommends that soldiers complete a family care plan that details how the children will be cared for in their absence.

Some states are more sensitive to these issues than others. In Michigan, legislation was recently proposed that would prohibit judges from modifying parental agreements while military personnel are unavailable or overseas.

The bill would require judges to leave existing custody agreements in place while the service member is deployed. In addition, it would prevent judges from considering a soldier's deployment status when determining the best interests of the child.

The case that prompted this bill involved a judge who ordered a sailor to appear in court despite the fact that he was aboard a U.S. submarine. The judge had threatened the sailor, Matthew Hindes, with contempt during a dispute over a parenting agreement.

The judge later admitted that she wasn't aware that the father was in the Pacific Ocean when he was ordered to appear.

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Kerri Kasem Fights to Protect the Right of Children to See Ailing Parents

Thumbnail image for when-elder-abuse-hits-home.jpgLegendary Casey Kasem, who died in June of this year, held many positions in the entertainment industry but perhaps was best-known for his American Top 40 radio countdown program, which he started in 1970.

He was also famous for his distinctive voice and held a renowned place in radio history. He retired in 2009 due to his struggle with Parkinson's disease.

Casey Kasem's last years were also famous, but unsavory reasons that weren't associated with his many achievements. As he lived his last months and days, news stories flourished about the acrimony between his daughter Kerri Kasem and his wife (Kerri's stepmother), Jean.

Unfortunate Fight Over Visitation Overshadowed Kasem's Last Days

Kerri accused Jean of elder abuse while also fighting for the right to see her dying father. Two weeks before Casey Kasem died at the age of 82, authorities removed him from his wife's care and admitted him to the hospital with an infected bedsore.

Kerri is now taking her personal fight to an even greater public platform. She has aligned herself with California State Assemblyman Mike Gatto to author a new bill titled the Parental Access Legislation. The bill would protect children from earlier marriages from being prohibited from seeing a parent by the spouse or child from a later marriage.

What Kerri discovered during the final years of her father's life was that adult children don't have the legal right to visit an acutely ill or dying parent, especially if a stepparent bars access.

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Congress Considers Tighter Restrictions on Private "Re-Homing" of Children

rtr183p9.jpgThe longhorn state of Texas outranks every other state in this country for foreign adoptions, followed by California and then New York. The inter-country adoptions that occurred in these states in 2013 were respectively 489, 477 and 360, according to the Bureau of Consular Affairs, part of the U.S. Department of State.

Where were these children born? The number one choice for expectant American parents wanting a foreign-born baby tends to be China. Last year, couples adopted 2,306 Chinese babies while Ethiopian babies ranked second at 993, followed by Ukrainian babies at 438.

Inter-country adoptions aren't cheap. They can range from $6,250 - the cost of a typical adoption in Kenya - to as high as $27,160 in Albania. Not always included in these estimates are additional expenditures for international travel, hotel and associated costs.

As expensive as those adoptions may seem, foreign adoptions can cost far less than surrogacy. In fact, the most expensive form of adoption these days may be gestational surrogacy, a procedure that involves obtaining sperm and eggs from both biological parents and then implanting the embryo into the uterus of the surrogate using in vitro fertilization. This procedure can cost as much as $100,000 or more, depending on the number of in vitro fertilization procedures needed.

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Gay Marriage Bans Overturned in Utah and Indiana

600x4179.jpgNot only has the tide changed on the issue of same-sex marriage, last year's US Supreme Court's pair of decisions has caused a tsunami to sweep across the shores and Midlands of this country.

Just last week, a federal appeals court in Denver ruled that gay and lesbian couples have a constitutional right to marry. If there is an appeal, the issue will head to the Supreme Court where justices will be forced to tackle the issue head-on.

The 10th Circuit Appeals Court that made the decision about Utah's ban on gay marriage also governs Colorado, Kansas, Oklahoma, Wyoming, and New Mexico, where it is already legal for gay couples to marry.

Last Wednesday, the justices found little justification under the Due Process and Equal Protection Clauses of the U.S. Constitution to bar same-sex couples from marrying. In fact, the justices found the opposition's arguments based on procreation and parenting skills lacking in merit.

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ACLU Scores Another Win for Same-Sex Marriage - Kidnapped Daughter Returns to Mother

Child-Abductions.jpgWisconsin's motto is "Forward" and same-sex couples took that motto to heart two weeks ago after a federal judge struck down the state's gay marriage ban, which voters had endorsed eight years ago. Gay couples quickly moved forward to secure their marriage licenses, much to the Attorney General's dismay.

ACLU Joins Fight to Legalize Same-Sex Marriage

Back in February, the ACLU filed a lawsuit challenging the state's constitutional ban on same-sex marriage. Similar to appeals filed in other states, the suit claimed Wisconsin's ban on gay marriage violated the plaintiffs' constitutional rights to equal protection and due process. The ACLU argued that the prohibition against gay marriage deprived couples of the legal protections that married, heterosexual couples enjoy.

In her 88-page decision, US District Judge Barbara Crabb said, "Quite simply, this case is about liberty and equality, the two cornerstones of the rights protected by the United States Constitution." With this decision, 15 consecutive lower courts have now ruled in favor of same-sex marriage.

You may recall that in Utah last winter, a similar situation arose. Soon after a federal court struck down its ban on gay marriage, 1300 same-sex couples got married over the course of the following 17 days. That particular case is still tied up in appeals.

Wisconsin Republican Attorney General J.B. Van Hollen has threatened to file a motion in federal courts to stay the order.

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Child Support Becomes Restitution for Murder - Halle Berry's Custody Battle Ends

Child-Support.jpgIowa seems to be proving that the incarceration of an ex-spouse with a life sentence won't liberate you from making child support payments.

In this case, the ex-spouse making the payments, Michael Roberts, won't exactly be paying for child support. Instead, the court wants to garnish his wages for the child support he owes and then pass the money along to the family of a murder victim for the restitution his ex-wife owes.

Child Support Garnishment Used for Restitution for Murder Victim's Family

Tracey Richter of Iowa is in prison for the 2001 killing of then 20-year-old Dustin Wehde. At the time of her trial, Tracey argued that she shot Dustin in self-defense to protect her children.

That's not with the jurors believed. They sided with the prosecution and agreed that Tracey shot Dustin to frame her first ex-husband, an Australian, and regain custody of her children.

The court has decided that Tracey doesn't need the child support that her ex-husband was ordered to pay. Instead, Michael's income will be garnished to help pay the $150,000 in restitution that Tracy owes Dustin's family.

Tracy has the right to repeal the decision. Meanwhile, Michael maintains that the initial order for child custody payments had always been unaffordable due to his financial vulnerability. He also rejects the notion that he should be responsible for paying for his ex-wife's crimes.

Stay tuned.

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Deportation Sparks Custody Battle

US_border_patrol.jpgSince its inception, the United States has welcomed immigrants from around the world so it's only natural that immigrant-related cases would find their way to a family law court.

Take the case of Ruby Maldonado-Morin, who married American-born Michael Daniels of Omaha. They married, Ruby gave birth to a son, and then the couple ended up in divorce court. Ruby, who enjoyed having primary custody of the child, eventually married a Mexican immigrant by the name of José Morin.

The triangle of parents worked amicably together for a while. Ruby and her second husband went on to enjoy the birth of two more children while Ruby shared custody of Deonte with Michael.

Can Divorced Parents Move Their Children Out of the Country?

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Gay Adoptions - Bans on Gay Marriages Ruled Unconstitutional in More States

Thumbnail image for gay-adoption.jpgA lesbian couple from Virginia has a lot to celebrate these days. Desiree Bryan recently gave birth to twin girls, but not in her home state. Instead, Desiree and her partner Stephanie drove two hours to the District of Columbia were Stephanie gave birth to two healthy girls.

When children are born in the District of Columbia to a gay couple, both parents' names are added to the birth certificate. However, the birth certificate is not considered legal proof of parentage. That is why within a few months, the mothers will return to the District of Columbia were Stephanie will be able to adopt the girls and share full parental rights with her partner, Desiree.

The women couldn't have equal parental rights if the child had been born in Virginia. However, a recent law allows the courts to grant adoptions to out-of-state lesbian couples when the children are born in the District of Columbia. The District of Columbia is one of few jurisdictions where second-parent adoptions can occur even when the parents don't reside there.

In addition, even in states that don't have gay-friendly laws, court rulings are enforced despite the state court that issued them.

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California Refuses Back Child Support to Woman Who Hid Children - Texas Outlaws Proxy Marriages

baby-child-support.jpgYou Can't Hide Your Children and Still Receive Child Support

Can an ex-wife who hid her children from their father collect child support even after the adult children are more than 30 years old?

That is exactly what Vladixa Boswell tried to do.

Boswell divorced her husband in 1985 when her daughter was five years old and her son was three. The court ordered her ex-husband, John, to pay $70 a month per child. He obeyed that order until Vladixa left California, changed the children's names, and failed to notify the ex-husband of their new address.

The ex-wife returned the 16-year-old son, John Jr., to the father when the daughter was already an adult in 1998. It wasn't until recently that Vladixa decided to sue her ex-husband for $92,735 in back child support.

The courts were probably appalled. A Ventura County judge, ruled in favor of the ex-husband. Vladixa appealed the decision but the California Court of Appeals concurred with the judge.

Vladixa was lucky that she wasn't fined for filing a frivolous appeal.

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30 Years After Their Divorce, the Robinson's Return to Court

music-notes-15781-1920x1200.jpgSmokey Robinson, the singer of unforgettable R&B tunes including "My Girl" and "Cruisin," is now battling his ex-wife of 30 years.

They're not fighting over custody issues or houses; they are fighting over his beloved songs.

The basis of their case stems from The Copyright Act of 1976, which is the basis of copyright law in United States. Essentially, the law delineates the basic rights for copyright holders.

Experts believe that Smokey's battle with Claudette Robinson has the potential to create a precedent for musicians who have divorced in the past.

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Some Custody Battles Never Seem to End

images.jpgWhen is a custody battle finally over? For some couples, it's when the children turn 18. Take the case of the Shindells.

Ex-husband Roger Shindell felt annoyed with his ex-wife - Kimberly Shindell - for ignoring portions of the custody agreement they had negotiated in 2004. So he filed a motion with the court.

At that hearing, the district court determined that Kimberly was, in fact, in civil contempt of court for refusing to comply with that court's previous orders regarding the parents' rights to visitation and communication with their two daughters.

The Shindells had divorced in 2004 when Kimberly, who lived in Jackson, Wyoming, was granted primary residential custody of the two daughters. In addition, Roger received visitation and communications rights via the phone and the Internet/email.

In 2012, the father was living in Indiana and had remarried. After checking with the daughter's doctor, Kimberly decided the girls could not travel to Indiana because the father now had household that the older daughter was allergic to.

Although the father had the right to summer visitations, he was not able to see his daughters then either.

In August 2012, the father filed a motion for order to show cause why Kimberly should not be held in contempt of court. During that hearing, the mother explained that visiting the father would present a health risk for the older daughter.

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