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Child custody cases
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This case revolves around a custody dispute between Dave and his former paramour Maria, over their 4-year-old son, Luke. Dave and Maria were in relationship for 5 years, but 2 years ago their relationship ended. Despite no longer being involved romantically, Dave and Maria were able to remain amicable where Luke was concerned. They utilized a schedule where Luke would stay with Maria one week and with Dave the next, they alternated holidays, this was a parenting schedule they developed on their own without going through the legal system, therefore there was no court order. This co-parenting schedule was working well as they both lived in Springfield, Missouri and were amicable in their relationship for the sake of their child.
Last year, Dave met a woman, Denise, who lived three hours away through an online dating website. Their relationship matured and Dave spent more time traveling to Kansas City and spending
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time with his girlfriend. Denise also visited Springfield occasionally and has met Luke, as well as Dave taking Luke on trips to Kansas City to spend time with Denise which caused some issues with Maria. Maria is fearful of having another woman in Luke’s life, she contends that she doesn’t want Luke to be confused by Dave interacting with Denise romantically, she claims that since she doesn’t know Denise she is unsure whether she is fit to be around Luke. Dave feels that Maria is just jealous that he has moved on and that she has no one in her life romantically, so she doesn’t want him to be happy. Dave and Denise became engaged last year and married last month.
Dave found employment in Kansas City shortly after the wedding and moved in with Denise. With no court order in place, Maria stopped allowing Luke to stay with Dave for his week once he relocated. Maria told Dave that Kansas City was too far to be taking him, just in case something happened such as if he were to get sick and need to go to the hospital, then if Luke was in Kansas City it would be too far for Maria to be there for him. Maria offered to let Dave visit Luke at her home when he was in Springfield, or take him in Springfield for a few hours, but not to let him go to Kansas City. Since there was no court order Dave was unable to do anything about the stipulations that Maria had made, so he filed a Petition for Determination of Father Child Relationship, Child Custody, Support and Visitation, to establish a parenting plan that allows him frequent and liberal visitation with Luke that will be court ordered, so that Maria can no longer deny him time with their
son. Maria and Dave have been litigating their case for fifteen months and have been unable through their attorneys to reach a satisfactory agreement. They are seeking mediation as a means to solve their dispute in a cost-effective manner as opposed to having to foot the cost of a trial. They would like to find a solution they can both agree on before Luke reaches school age, as that will most likely involve more mediation or a court decision on where Luke will live and go to school.
Facts: Plaintiff Donald Eschbach and Defendant Rite Eschbach were married in 1963 and divorce in 1979 the courts granted Plaintiff Eschbach the divorce on the basis of the couple lived separate and apart pursuant to a separation agreement for one year. The custody of the couple three children was granted to the mother to an oral stipulation of the parties entered in the minute of the court at inquest of the hearing held on January 1979. The stipulation, which also provided visitation rights for the children’s father, was incorporated but not merged in the judgment of the divorce.
Right now Kathryn Dennis is sharing joint custody of her two children with Thomas Ravenel. When Kathryn has the children, it needs to be supervised by her parents. This means that she won't have them over hanging out with the new guy she is shacking up with, but Kathryn could have him around the kids.
The areas in which these reforms should occur are twofold. One argument that Judge Ross raises repeatedly is that measures should be taken to insure the sustainability of Family Court employees through more manageable caseloads. The necessity of this change is evident in countless examples of children suffering as a result of constantly changing, thin-spread, staff. In one particular instance, a six month child abuse case is adjourned because they “don’t have the medical records” in time (128). The second argument that can be implicitly made based off of Judge Ross’s expressed frustrations is that, if given the proper time for consideration, there should be more room for consideration of circumstance in Family Court. From a legal standpoint, there is substantial evidence for the validity of a common law approach to Family Court over the traditional civil law. Judge Ross establishes that ideally “In each case to protect children, to assure due process, to remain neutral until the facts are established, to apply common sense and sound judgment within the framework of the law in making decisions—the Family Court judge’s charge lies quite outside the arena of public policy, comment, and debate” (104). However, as seen in many of his cases, the combination of the overflowing workload and an inability to apply proper consideration to any given circumstance makes it impossible for the pre-existing
The resolution in the story becomes apparent once Dave realizes that he can communicate with his daughter if he just lets her be
and Dave did not know how to deal with it. He did not know whether she was
At this point Tracy gets a restraining order against Buck. He is not allowed in the state of Connecticut, and Tracy’s home. She sees Buck standing in front of her home and calls the police. The police cannot find the court order against Buck. When the officer comes to the house and tells Tracy that her husband has a right to stand in the street and it would be easier if they weren’t married.
I will be evaluating the case of Angela and Adam. Angela is a white 17 year old female and Adam is her son who is 11 months old (Broderick, P., & Blewitt, P., 2015). According to Broderick, P., & Blewitt, P., (2015) Angela and her baby live with her mother, Sarah, in a small rental house in a semirural community in the Midwest. Adam’s father, Wayne, is estranged from the family due to Sarah refusing to allow him in the house however, Angela continues to see him without her mother’s permission which is very upsetting for Sarah. Angela dropped out of high school and struggles raising her son (Broderick, P., & Blewitt, P., 2015). With all that is going on in Angela and Sarah’s life right now their relationship has become strained and hostile which
In the United States today more than one-half of all marriages end in divorce. The purpose of this paper is to examine the reason why women have typically received custody of the children far more often than the fathers. In order to better understand child custody one must first examine how fathers have often times been left out of the picture, and conversely why mothers have had such hard times raising children on their own. This paper will first examine the perspective of a father who has lost custody of his children.
David did not do so. Nor did he provide a notarized statement explaining why he was unable to appear. Nor a statement from his command officer that his leave is not authorized for the time of appearance. According to the ruling in Walters v Walters-Damon, 9 L.P.T 2d 456 (2009), Income verification and other financial documents could have been provided through affidavits and made available, therefore, did not preclude David from his ability to actively participate in the proceedings. Denise will argue that she has been asking for a modification of child support since 2015, giving sufficient time for David to turn in the proper paper work. She can argue that his repeated refusal to respond to her discovery requests were due to the pay increase and his knowledge of how that would increase his child support payments, as was granted in the temporary orders. Denise’s strength in her argument is that she did withdraw motions several times to accommodate David’s active duty lifestyle and that she allowed these proceedings to go on for two (2) years. In that time David made no effort to take any action on this case. CONCLUSION:Denise has the stronger argument based on the requirements set in place by the Liliput Code for the Armed Forces and the previous case, Walters v. Walters-Damon. David’s only argument is that he wasn’t physically there for the final case. However, he had sufficient time to respond previously. In addition, he could have turned in financial documents without physically appearing. RECCOMONDATIONS:Some further investigation is needed. All financial documents will need to be obtained from David and his wife. Proof of his deployment will also need to be
The family discussed includes a father (M.M.) age 27, a mother (J.M.) age 25, and an infant son (J.L.M.) age four months. M.M. and J.M. are the biological parents
In conclusion, nothing stated above favorable to Mrs. Green or Mr. Green is bound to the courts. In determining child custody and child support for the parties involved, the courts will use their discretion in determining what is in the best interest of the children (Kelly Green, age 14, and Moss Green, age 10) involved. The court should evaluate Kelly's opinion concerning custody in deciding what's best for both children. Also, the court will study Mr. Green's employment status and history, as well as Mrs. Green's, in determining the child support order. All in all, the court will use its discretion in weighing all of the facts pertaining to this situation and rule in favor of the children's best interest. Thus, in the situation at hand, the courts can rule in favor to Mr. Green or Mrs. Green or a combination of the two.
The challenges of children who grow up with parents whom were incarcerated at some point in their childhood can have a major effect on their life. The incarceration of parents can at times begin to affect the child even at birth. Now with prison nurseries the impregnated mother can keep her baby during her time in jail. With the loss of their parent the child can begin to develop behavioral problems with being obedient, temper tantrums, and the loss of simple social skills. Never learning to live in a society they are deprived of a normal social life. “The enormous increase incarceration led to a parallel, but far less documented, increase in the proportion of children who grew up with a parent incarcerated during their childhood” (Johnson 2007). This means the consequences of the children of the incarcerated parents receive no attention from the media, or academic research. The academic research done in this paper is to strengthen the research already worked by many other people. The impact of the parent’s incarceration on these children can at times be both positive and negative. The incarceration of a parent can be the upshot to the change of child’s everyday life, behavioral problems, and depriving them a normal social life.
Joint custody, when applicable, in which children spend an equal amount of time with both separated parents, causes a positive emotional environment for children of divorce, which further creates healthy family relations and avoids negative health effects.
Family Law (Law Express) 2th edition, by Jonathon Herring, published by Pearson Education Limited 2009
Never did he think, papers would flip his life upside down once again. Joe Gill, our family friend, was picking up his daughter one Friday. When his ex-wife Summer shoved the papers in his face. She was suing him for sexual harassment of their daughter Sierra. Claiming he had “brought her back with hickeys and bruises.” Nevertheless, Joe has gone to court three times in the past two months. Fighting for his rights to see his daughter. Only being able to lay his eyes on her beautiful baby face once, for only five hours is killing him. Following orders to bring her back after five hours, they arrived at the police station with tears pouring down their faces. Continuously leaving messages for Sierra; Joe says everything will be all right and