Visitation

Published on: January 18, 2012

Court Examines Visitation in Light of Alleged Abuse Allegations

by Stephen Bilkis

Sometimes, people have the knowledge and means to make law work in their favor. Take for example a case that was reviewed by a New York Family Lawyer about how two parents argue about visitation rights to their minor child. Primarily, the mother is seeking review to quash overthrow the “Shelter Hearing Order” made against her which forbids all forms of communication between her and their 11-year-old daughter. This decision was given by the juvenile court, which is the special body for trial and passing of judgment to minors who are involved in crimes and other issues involving children and adolescents.

This started out when the father who was a lawyer applied to permanently make himself the custodial parent of the daughter in 2000. Then the following year, the mother and the father agreed that they would share parental responsibility for their child and no one was to be designated a primary custodial parent among them. A Guardian Ad Litem, or an advocate who is appointed by the court on behalf of the child, along with the psychologist, and the trial judge all agreed upon and adopted the settlement agreement of the parties regarding visitation rights with their minor child several weeks after the main parties agreed upon a settlement. According to a Brooklyn Visitation Lawyer, about two months later, the father started a new lawsuit to temporarily suspend the mother’s rights to visit their child on the grounds that she made up stories and reports that he was abusing their child. He filed a report based on this and had the mother arrested.

She was arrested the day before she was to spend a long summer vacation with her daughter, which was what they have previously agreed upon. As a result, the mother’s visitation rights were reduced to supervised therapeutic visits and she sought to appeal this decision. A Bronx Custody Lawyer reports that the family court granted the father’s move and ordered the visitation rights to be modified. Then, he requested the DCF to file for a petition for dependency without the presence of the Mother and where the Department of Children and Families’ lawyer confessed that the claims contained in the Father’s petition were insufficient to take it into the DCF system. The after a few days, the DCF attorney dismissed the dependency case.

Published on: January 17, 2012

Alabama Legislators Promoting Equal Parent Time

by Stephen Bilkis

Alabama legislators are considering a bill that would almost completely change the way that Alabama’s judges are able to order divorcing parents with children to divide their time with their children. If the bill in its current form passes, it would stipulate that provided both parents are fit parents, they would share equal custody and responsibility in raising their children after the parents’ divorce.

Sponsors of the bill informed a New York Family Lawyer that this seeks to address a long standing issue of one of the parents’ relegated to only a few hours of visitation with their children each month. It is in their opinion that by having both parents included in their children’s lives that the children will no longer feel like they are being pulled in two separate directions. They further add that as a part of the divorce the parents would be required to submit a parenting plan to the court that would stipulate what parts of their children’s lives they would be responsible. In case the parents would disagree, the parents would alternate years of certain responsibilities.

However, opponents contend that a “blanket fix” will not necessarily work, and that judges need the flexibility to decide what is in the child’s best interest. These opponents went on to add that the alternate year proposal could be detrimental to the children in that they may be permitted to do one thing the year when one parent makes the decision, and not be allowed to do the same thing when the other parent decides the following year. This is not the type of consistency and stability that children need.

Published on: January 16, 2012

Woman Runs over Husband’s Ex-Wife

by Stephen Bilkis

New York Divorce Lawyer Reports: Woman Runs over Husband’s Ex-Wife.

At a local ball park in Alabama, a woman subjected at least seventy witnesses, many of whom were young children, to the horrific scene of her running over her husband’s ex-wife and daughter – not once, but three times.

Police say the 43-year-old woman is charged with two counts of attempted murder and one count of reckless endangerment. She was released on bond. It is possible that the woman will have additional charges brought against her.

Published on: January 16, 2012

Questions of Abuse Close Courtroom During Sheen-Mueller Custody Hearing

by Stephen Bilkis

Media were thrown out of the courtroom at a recent custody hearing involving actor Charlie Sheen and his estranged wife, Brooke Mueller. The judge cited “questions of abuse.” A New York Family Lawyer reveals that it is usual practice for a judge to close the courtroom when there are abuse allegations to hear. The origin and nature of the sensitive questions were not explained before the media was exiled.

The recent life of actor Charlie Sheen has been riddled with a mess of struggles. The latest rebuff came when his petition to take custody of his 2-year-old twin sons from his estranged wife, Brooke Mueller, was shot down in court. Each parent is seeking sole custody of the boys. The court ruled that custody is to remain as an earlier custody agreement outlines.

Sheen and Mueller, who have both struggled with sobriety, were seen in attendance at the hearing. Mueller recently returned to rehab.