Recently in Family Law Category

Charles Manson and the Right to Marry in U.S. Prisons

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

kelly-hanson-pic-itv-image-1-989998856.jpgWill convicted serial killer Charles Manson really get married?

It's hard to tell.

What we do know is that 26-year-old "Star" Afton Elaine Burton, who reportedly has been seeing Manson for nine years, obtained a marriage license in Kings County, California on November 7th.

Burton and Manson have 90 days to decide whether they will indeed tie the proverbial nuptial knot.

Manson's Helter Skelter Holocaust Theory

You may recall that Manson received a death penalty verdict back in 1971 for the 1969 murder of Sharon Tate. Authorities also charged him with the deaths of four guests at his home and the murder of Leno and Rosemary LaBianca.

Manson continues to live because the California Supreme Court lead by Rose Bird, "Rosy and the Supremes", outlawed the death penalty in 1972.

Before the Manson murders occurred, Charles Manson believed that an apocalyptic war would ensue due to racial tensions in the U.S. between blacks and whites.

According to Manson's idea, members of his makeshift family would live in a city beneath Death Valley and emerge at the end of the holocaust blacks would wage on whites. Manson and his followers, or so he thought, would then emerge as post-apocalyptic leaders to rule over African-Americans living in the U.S.

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Premarital Agreement Disregarded in Divorce Case

November 18, 2014, by Law Offices of James V. Sansone

prenup.jpgInternational marriages, when a divorce follows, can turn into messy divorces with surprising outcomes.

Consider this case. After marrying in the Ukraine in 2004, Richard Villar and Olga moved to Alaska with the woman's daughter, Linda.

As Olga's immigration sponsor, Richard filed an I-864 affidavit agreeing to support his new wife and stepdaughter at 125 percent of the federal poverty threshold.

Five years later, the Villars divorced and the final papers included Richard's support obligation. Then the mother and daughter moved to California where Olga met and married George Nasif that same year.

Sometime that same year, the daughter moved to Louisiana to live with her stepfather Richard under a temporary guardianship agreement.

Life can get messy.

Couple Battles Over Support Payments

Richard, probably feeling that he didn't need to send support payments now that his ex-wife remarried, stopped his payments to Olga during the first eleven months of 2010.

Not happy about the loss of income, Olga decided to file a motion in Alaska to enforce the divorce decree. Richard responded by making several payments.

The matter proceeded to a hearing. The court ruled that Richard's 2010 support payments needed to meet Alaska's federal poverty level, not California's. Furthermore, the court said the support payments should meet a single-person household level.

In the end, the court decided that Richard didn't owe his ex-wife any further payments. Olga filed an appeal; she prevailed, and Richard filed a motion asking the court to reconsider its June 20 order.

In addition, he filed a motion for relief. In other words, Richard asked the court to reconsider its earlier order.

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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.

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U.S. Supreme Court Hands Another Win to Gay Marriage Activists

October 21, 2014, by Law Offices of James V. Sansone

usup.jpgThe same-sex marriage battle tipped in the favor of gay and lesbian couples last week.

On October 7, 2014, the Supreme Court refused to hear same-sex marriage decisions appealed from the lower courts.

Those courts had ruled in favor of gay marriage, and state Attorneys General and interest groups had filed appeals, hoping to gain support from the Supreme Court justices to ban same-sex marriage once and for all.

Instead, the Supreme Court's refusal to consider the appeals nullifies those appeals and allows the affected states' to proceed to allow same-sex marriages.

In many of the cases under appeal, the lower courts based their decisions on rights guaranteed under the U.S. Constitution. Those judges had ruled in favor of same-sex marriage because to treat people differently based on sexual orientation is tantamount to being unconstitutional unless there were a compelling government need or argument.

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Domestic Violence Dominates Sports Headlines

October 14, 2014, by Law Offices of James V. Sansone

Thumbnail image for goodell.jpgAs of this writing, the San Francisco Giants, a wild card pick, just trounced the Washington Nationals in the Division Series. The Giants, who tend to perform well in post-season games, are off to play the San Louis Cardinals.

Sports, it seems, is always in the air.

Unfortunately, the sports channels have been covering more than just runs batted in, home runs, strikes, errors and balls.

There's a new statistic being tabulated: The number of times major league athletes are arrested for domestic violence.

Take the case of Ray Rice of the Baltimore Ravens. The Atlantic City Police Department claims he struck his fiancée, caused her to lose consciousness, and dragged her body out of the elevator where they argued.

Then there's Adrian Peterson, one of the league's biggest stars and the 2012 NFL MVP. Police arrested him for reckless or negligent injury to a child following a grand jury investigation.

That case involved Peterson's decision to use a tree branch to spank his child, a discipline measure his parents had used on him. His case proceeds to trial on December 1 of this year. In that case, the National Football League banned Peterson from playing pending closure of his case.

In September of this year, Anheuser-Busch issued a public statement expressing its concern about the manner in which the NFL has handled recent domestic violence controversies.

Perhaps the company's concern and outrage expressed by organizations serving domestic violence victims or advocating stronger policies to protect women, caused NFL Commissioner Roger Goodell to strengthen his league's stand on these issues.

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The Struggle for Same-Sex Divorce

October 7, 2014, by Law Offices of James V. Sansone

gay-divorce-brides.jpgIt's natural that the rise in gay marriage cases would create ripples throughout other areas of family law.

The new frontier appears to be over the issue of same-sex divorce.

Just as in heterosexual marriages and subsequent divorces, the division of property, guardianships, adoptions, custody, spousal support and other issues will need to be uniformly addressed.

State-by-State Divorce Laws Are Inconsistent for Same-Sex Couples

Unfortunately, the courts have not kept pace with the sudden meteoric rise in the legalization, state-by-state, of the right for gay and lesbian couples to marry.

That is what a couple from Texas has recently discovered. In this case, all Cori Jo Long and Brooke Powell want is to get a divorce from each other.

Here's some background on this case. After many years of friendship, in 2010 Long and Powell traveled from Texas, where they lived, to New Hampshire to wed. After three years of marriage, they initiated the divorce process in Texas.

That's where the divorce procedure stopped because a judge ruled that the courts in Texas have no jurisdiction to void the union or grant the women a divorce.

In the absence of national reform on this issue, to get a divorce Long and Powell will need to return to New Hampshire to establish residency there before proceeding with dissolution of their marriage.

Continue reading "The Struggle for Same-Sex Divorce" »

Divorce and the Family Home

September 30, 2014, by Law Offices of James V. Sansone

home-and-money.jpgYou married, purchased a home, and started a family. Isn't that the typical recipe of marital success that most married couples strive to emulate?

Then bickering with you spouse ensues, or there's a betrayal, or your spouse sinks your life savings into an "investment" that goes bust. Tensions rise; you no longer want to live with the person you thought you wanted to spend your entire life with, and you take the first step of separating from your spouse by making an appointment with a divorce lawyer.

Our children and our health are our biggest concerns, of course. When you initiate a divorce, another huge question tends to loom: What will happen with the house?

For you, it's no longer a 3-bedroom, 2-bath structure located within the boundaries of a good school district. That house has become more personal; it's your home. The place where you brought your children home from the hospital and where you changed diapers, raised a puppy and played ball with your kids.

There are as many memories as associated with the house as there are old wedding pictures. The home feels like part of your family, right? So what happens next?

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Settling Spats Over Rover: What to Expect in Pet Custody Cases

September 23, 2014, by Law Offices of James V. Sansone

pet-divorse-litigation1.jpgIncreasingly, Americans view their pets as family members. We only need to look at the pet industry to see how manufacturers reinforce this feeling by marketing clothing, specialized kibble and treats, shampoos, conditioners, collars and leashes to keep Spot, Fluffy or Fido fashionable, hip and healthy.

So what happens when couples divorce?

Under the law, pets are personal property. As such, the courts will look to establish who owns the animal in the same manner they would decide on how to divide a patio set or the bedroom furniture.

However, in today's world where pets have become a more integral part of families, courts are beginning to broaden their views, especially when the custody issue affects dogs.

In some cases, the courts will go so far as to consider the issue as they would a child custody case and consider shared custody and visitation arrangements as well as alimony payments to the individual awarded with physical custody.

What if you didn't originally adopt or purchase your dog? There are other ways to substantiate that you should be the primary owner or caregiver of the animal. For example, if you've been paying for the animal's veterinarian and grooming expenses, purchasing its food, hiring trainers, and walking it everyday, you could make the case that you've been the primary caregiver.

You could even have neighbors testify on your behalf as proof that they've seen you walk your dog in the early morning or after work, or seen you with your dog at a nearby dog park.

Pet custody battles are increasingly common, but there's no guarantee that a judge in your jurisdiction will treat your beloved ferret as though it were child.

Continue reading "Settling Spats Over Rover: What to Expect in Pet Custody Cases" »

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.

Continue reading "Family Law News: Worst States to Get a Divorce & International Adoptions Suffer Delays" »

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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