Articles Posted in Child Custody

A Nevada woman applying for a marriage license discovered that she had been abducted by her mother during a bitter child custody dispute and had been living under an assumed name since she was six.

Melissa Reed, whose real name is Eva Marie Fiedler, found out that her mother, Nancy Dunsavage, had taken her from New Jersey to Nevada following her 1983 divorce. Dunsavage said she left and changed their names to save them from her allegedly abusive ex-husband.

Dunsavage is now in a Reno jail on a 1985 fugitive warrant from New Jersey. Prosecutors have said they want her returned to face charges in what they say was a parental abduction.

In a nearly unanimous vote of 416-1, the U.S. House of Representatives passed a resolution that urges Japan to address a growing problem of American children taken from parents in violation of child custody orders.

The resolution was introduced by New Jersey Rep. Chris Smith who said that Japanese courts do not currently recognize American child custody orders and have never ordered the return of an American child. One of Smith’s constituents, Michael Elias of Rutherford, has a son and daughter who were abducted by his Japanese wife during their divorce proceedings. The judge had confiscated the children’s passports in an attempt to prevent the abduction, but the wife was able to enter Japan with her children anyway. All of the father’s attempts to visit the children have been thwarted by Japanese officials.

The House resolution urges Japan to resolve all cases involving abducted American children immediately, and directs the U.S. to treat child abduction as a central foreign policy issue. Smith, who is a Republican, had criticized President Obama for not addressing the issue when he met with the prime minister of Japan recently.

Three Connecticut children ages 10-13 think children should have a bigger voice in child custody disputes, and are circulating a petition to allow children over the age of 12 to forego the assignment of a guardian ad litem and speak to a judge directly about what they want when it comes to child custody issues.

Trianna Gutzman, 13, her sister Marika, 12 and brother Cyril, 10, are the children of divorced parents who share joint custody. Trianna said she was inspired to circulate the petition after seeing the movie “Gandhi.”

“He said, ‘Be the change you want to see in the world’ and that gave me the inspiration to make the change,” said Trianna.

If it looks like you could be involved in a child custody battle as part of your divorce, here are some things to consider that will help your divorce lawyer be able to present your story in the best light:

No Serious Dating. Obviously you are entitled to a social life, but engaging in an active dating life or having a significant other in the picture while undergoing a divorce is never a good idea. It is especially unwise to introduce your dates or significant other to your children. And you should be aware that if you plan to lavish gifts on your new paramour before your divorce is final, you will be spending marital funds and your ex will be entitled to reimbursement.

No Badmouthing the Other Parent. “Parental alienation” is a hot topic in family law cases around the country. Basically, parental alienation is when one parent attempts to negatively influence their children about the other parent. This is a big mistake – not just for the sake of the children, but because the courts frown heavily on this behavior.

A Florida family law judge usually orders a custody evaluation when divorcing parents cannot agree on custody issues. This is a process whereby a professional – usually with a psychology or legal background — evaluates the parents and children and make custody and visitation recommendations to the court.

In Jacksonville, most judges rely heavily on custody evaluations to determine who should get primary custody of the children. Therefore, it is important to prepare for a child custody evaluation properly.

A typical custody evaluation usually includes interview with the parents and children as well as other people in their lives – grandparents, nannies, teachers, etc. The evaluator will also observe how both parents interact with their children, and may order psychological testing as well.

If you are currently undergoing or even contemplating a Florida divorce and you have children, you may have found the terminology used to define Florida child custody law confusing. To clarify:

Florida courts prefer that both parents have as much input into the raising of their children as possible, which is why they typically require that parents have what is known as shared or joint parental responsibility. This is not the same as joint custody. Typically, Florida courts do not favor joint custody because of the disruption it brings to the lives of children – two different homes, perhaps different schools and different sets of friends.

Florida has found that the more workable arrangement is shared or joint parental responsibility, where both parents retain their full rights and responsibilities when it comes to parenting their children. This means that parents must communicate well with each other and share decision-making responsibilities when it comes to major decisions – medical, religious, education, etc. If the court finds that parents cannot work together on making those decisions, it may assign a specific responsibility to one parent.

If you are planning to relocate and have primary custody of a minor child, there are certain provisions in the Florida Domestic Law statutes you must follow.

If you and your ex have agreed upon a relocation plan, you need to submit a written agreement to the court for ratification. The agreement will spell out the consent to the relocation and a revised time-sharing plan for the other parent.

If there is not an agreement with the other parent regarding relocation, you must draw up a Petitition to Relocate and send copies via certified mail to the other parent as well as to anyone else who is entitled to access or time-sharing with the child. The Petition should include:

Miami Heat star Dwyane Wade’s contentious child custody battle with ex-wife Siohvaughn Wade is making headlines with accusations of child abuse, domestic violence and drug use being hashed out in a Chicago family law courtroom.

Wade is battling his ex for custody of their two sons, ages three and eight. She has accused him of drinking and using drugs, having sex with girlfriends in front of the children, keeping weapons in his home. He has accused her of physically assaulting him and refusing to let him visit his sons.

According to court records, the court appointed attorney for the Wade children has recommended that Dwayne Wade be given full custody of the children, and that his ex-wife should only be allowed visitation if she agrees to undergo “extensive therapy.”

Two Orlando men charged with felony interference with custody of a child have been sentenced to one day in jail with credit for time served, 100 hours of community service and two years of probation following their entry of a plea of no contest.

Christopher Stokes and Richard Douglas abducted an eight-year-old Orlando boy after his mother told them she believed the child was living on the streets with her estranged husband, the boy’s father.

The men abducted the boy in March from an Orlando area hotel, and then called police an hour later to ask about Florida child custody law. A police dispatcher informed the caller that what they had done was kidnapping, a federal offense, and the caller then hung up.