Today's Fresh Blogs...

• Wireman v. Perkins

  Published: July 30, 2007, 10:30 am

  Tags: Case Law Kentucky, Child Custody And Visitation

  or emotional harm to the child. Both parents should be allowed to convey their beliefs to their child. While dad has the right to make major decisions regarding daughter's up bringing he may not dictate what mom does during her visitation time so long as no physical or emotional harm is being done to daughter. Requiring mom to take daughter

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• UCCJEA and UCAPA Updates

  Published: June 24, 2007, 11:31 pm

  Tags: Child Custody And Visitation

  years concerning the Uniform Child Custody Jurisdiction Act (UCCJA) of 1968. The UCCJA was designed to prevent a fairly common legal standoff of the day, whereby one parent gained legal custody of a child in one state, and the other parent managed to take the child to a "haven state"; in search of a court willing to change the initial lawful

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• International Child Abduction Problems Whether Country Is A Signatory To Hague Convention Or Not

  Published: June 8, 2007, 6:00 am

  Tags: Child Custody And Visitation, International

  order the prompt return of a child, now aged five, who was wrongfully retained in South Africa away from his then habitual residence in the Netherlands by his mother for 3 years. The Court ordered (June 4, 2007) that the child now be returned immediately to the Netherlands, in compliance with South Africa's obligations under the Hague Child

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• A New York Time Columnist Gets It Wrong: Pre-Nuptial Child Custody Provisions Violate Public Policy

  Published: July 18, 2007, 1:25 am

  Tags: Agreements, Child Custody, Child Support

  James Andrew Miller wrote a compelling op-ed piece in the New York Times, theorizing that expensive and heart wrenching custody battles could be avoided if parties intending to marry, merely entered into a pre marital agreement. He details the understandable...

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• What Effect does a Bankruptcy Filing Have on Child Support?

  Published: June 13, 2007, 1:01 am

  Tags: Child Custody, Spousal Maintenance

  A bankruptcy filing does not discharge an obligation to pay child support.   To the contrary, since other debts are discharged, funds that might have been paid toward other debts can be freed up to pay child support. The Child Support...

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• Children of Divorce Prescribed Ritalin Twice as Often

  Published: June 7, 2007, 11:25 am

  Tags: Child Custody, Divorce, Ritalin

  A new study appearing in the Canadian Medical Association Journal reports that children are twice as likely to be prescribed Ritalin after their parents divorce.According to Mind Hacks, Ritalin is the trade name for the amphetamine-like drug methylphenidate. It is...

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• Kansas Graces Custodial Grandparents - Sort Of

  Published: July 26, 2007, 11:40 pm

  Tags: Child Custody, Child Support, Juvenile Delinquency Or Dependency

  with formal legal custody of their grandchildren. Yet many of these grandparents, de facto parents, don’t - and couldn’t - get formal legal custody of their grandchildren. Ironically, the legal trend in most states makes it harder and harder for grandparents to obtain full legal custody of their grandchildren. Read more

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• DV Victim Languishes in Jail For Refusing to Give Up Her Son’s Safe Location

  Published: July 24, 2007, 9:36 pm

  Tags: Domestic Violence Amp Abuse, Child Custody, Divorce, Visitation, Hague Convention Kidnapping International Child Custody

  the boy from him. But the child’s school teacher, a presumably neutral third party, testified that the boy would sometimes start crying at school and ask her to call his mother to make sure she was OK. Yet it is the mother who is incarcerated. Read more in this [Montreal] Westmount Examiner article: Woman convicted of kidnapping in

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• FL: Unmarried Bio Dads Must Be Notified to Register Paternity Claims Before Parental Rights Can Be Terminated

  Published: July 22, 2007, 3:20 pm

  Tags: Child Custody, Paternity, Adoption

  fathers that their children are going to be placed for adoption and how to register in the state’s paternity registry to protect their rights. If the father still fails to register after thirty days, his parental rights may be terminated. A statute imposing a time limit on biological fathers to assert their rights was intended

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• New York State Girl Feared Abducted Abroad By Disturbed Father

  Published: July 21, 2007, 3:10 pm

  Tags: Child Custody, Visitation, Hague Convention Kidnapping International Child Custody

  are missing, following a custody ruling adverse to the father. It happened during the father’s visitation. The father allegedly has a history of depression and suicidal thoughts. His wife reportedly fears that he is off of his medication. Some reports indicate that the father’s car was found near an airport and that the father

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• Feds: State Courts Must Work Harder to Keep American Indian Families Together Despite Abandonment, Abuse or Neglect

  Published: July 20, 2007, 2:02 pm

  Tags: Child Custody, Juvenile Delinquency Or Dependency

  a court awarded the aunt custody and guardianship of the children. Not an unusual outcome under the circumstances. The parents appealed. Also not unusual. But the rest of the story is. Because the mother is American Indian. Therefore, the children are subject to the Indian Child Welfare Act. That means that the Court was required

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• Father Charged With Custodial Interference Amidst Allegations of Paranoid Delusion

  Published: July 16, 2007, 8:54 am

  Tags: Child Custody

  failed to return his four children (by two different mothers) from an out-of-state trip at the end of his scheduled visitation time. Some of the children contacted friends by phone or text message to cancel plans for the following week upon learning of the surprise trip with their father. Both mothers filed missing persons reports

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• Mother Jailed for Refusing to Surrender Baby to Father’s Custody

  Published: July 15, 2007, 8:44 pm

  Tags: Child Custody

  unusual child custody case. Missing: the child whose custody is in dispute. The child is a ten month old baby. A court awarded custody to the father last month. The mother has been in jail for contempt of court since May, for refusing to disclose the baby’s whereabouts. Authorities have threatened to prosecute anyone involved in

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• Unmarried Irish Biological Father Asserts Claim Under Hague Convention in What May Be Landmark Case under Irish Law

  Published: July 14, 2007, 10:20 am

  Tags: Child Custody, Hague Convention Kidnapping International Child Custody, Paternity

  for return of his children from England under the Hague Convention on the Civil Aspects of International Child Abduction. According to the father, the mother took the children to England without his consent. Because the legal rights of unmarried biological fathers appear to be narrower under Irish law than than under our law, the

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• Parenting Responsibility Made Complicated

  Published: August 2, 2007, 11:07 pm

  Tags: Domestic Violence Amp Abuse, Child Custody, Visitation

  guardians of seven year old child. Legal custody is shared by guardians and Dad’s parents, who live in another state. Court orders guardians not to take child to visit Mother in jail. Guardians later move for permission to do so. Grandparents move to block visitation with mother. Guardians move to change child’s last name to

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