Family Law Blog

Child Support Battle Gets Out Of Hand

Sunday, November 10, 2013

Defining matters involving child custody and child support payments at the time of the divorce is extremely important, and it is very important to resolve these matters in the interests of the parties concerned. Failure to do so right at the time of the divorce can lead to ugly situations down the line. Recently, three women were jailed after launching an assault related to failure to pay child support.

The assault occurred at a restaurant, and injured seven people, including several people who had nothing to do with the dispute in question at all.The incident occurred in Pennsylvania, where a woman frustrated at the lack of child support payments by the father of her child, entered a diner looking for the man. She found him there, and after an altercation with her, the man promptly left the restaurant. It is not yet clear if the man worked at the restaurant. The woman then left the restaurant, and returned with two of her friends. They then proceeded to attack other staff members at the restaurant.

One of the women poured a pan of boiling sauce on one of the staff members, leading to serious burn injuries to the face, head, neck and hands. The employee had to be rushed to the hospital for treatment of her injuries. Another woman was armed with an aluminum baseball bat, and proceeded to attack several of the staff members at the restaurant.

By the time the women were subdued, at least seven people at the restaurant had suffered injuries. The women were arrested soon after, and jailed on charges of aggravated assault.

Issues of child support and child custody can be very emotional, and unless these issues are resolved at the time of finalizing the divorce, things can very quickly get out of hand, like it happened here.

Facebook Misbehavior Can Complicate Your Divorce, Child Custody Case

Friday, October 18, 2013
Facebook is frequently being cited as a factor in divorce and child custody cases, and not surprisingly, your San Jose divorce lawyer will advise you to deactivate all your social networking accounts while your case is still pending. That's because human emotions very often take over, causing people to make potentially dangerous mistakes on Facebook that could ultimately cost them their case.

A recent example is a case out of Alabama, when a man who threatened the mother of his child on Facebook over a child custody dispute, finds himself behind bars. The 31-year-old man allegedly made terrorist threats against his ex-girlfriend on Facebook. He posted statuses using vile language, and alleged that if he didn't “get his hands” on the baby, he would get his hands on his ex-girlfriend in the courtroom, and “shoot her.” The post was laced with expletives. He also posted pictures of himself using a rifle.

Police soon received anonymous tip after he posted these statuses on Facebook, and forwarded the information to the local Sheriff's office. An investigation was launched, and the man was arrested. Investigations found that the man had made several such posts on Facebook, threatening his ex-girlfriend with violent acts.

The man could have maintained a cool head, and waited for his hearing before a Family Court judge. In fact, he and his ex-girlfriend were due to appear before a judge to argue about custody. However, his chances now look very bad after his arrest. He has admitted to making the threatening posts, and it has been confirmed that he was not in possession of any weapons.

Such foolhardy behavior on Facebook will not go unnoticed, and you can be quite sure that lawyers for your ex-spouse will be monitoring your behavior on Facebook, Twitter or other social networking sites to gather ammunition for their case.

Native American Man Loses Child Custody Lawsuit

Friday, August 16, 2013

In a child custody case that Los Angeles family lawyers saw as a test of government laws that grant extra protections to Native Americans, a little girl who was handed over to her Native American biological father has now been handed back to her adoptive parents.

The 27-month-old girl, had been living with her adoptive parents since her birth, and was handed over to her biological father in 2011.The girl was born as a result of a relationship between her parents, a Native American and non-Native American woman who were engaged. However, the woman broke off the engagement before the marriage, and asked the father if he wished to relinquish his rights as the biological father of the child, or pay child support. The father chose to relinquish his rights to the child.

The man changed his mind when he found out that the child had been placed for adoption, and had been given to a non-Native American in South Carolina. He then moved to sue for custody of the child from the adoptive parents.

A special federal law called the Indian Child Welfare Act worked in his favor, and the man was given custody of the child in 2011. This was even though he had never met his child prior to being given custody. The law was enacted in 1975, after a study found that as many as 35% of Native American children were being separated from their homes, and placed in adoptive care because of the lack of culturally appropriate and sensitive child custody laws.

However, the Supreme Court recently overturned that decision, ruling that the language of the law protecting Native American custody refers to a parent who already has custody of the child, and loses custody of the child. In this case, the father never had custody of the child, and in fact, had never met the child before custody was granted to him.