May, 2009 | Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz Archive
Child Custody Case Raises Issue of Father’s Rights
An interesting case in Bradley County, Tennessee is dealing with child custody procedures used by judges in that county. However, these child custody issues are global and could apply in any state including Pennsylvania. According to this news report, the arguments in this case allege that basic child custody procedures used by judges are unconstitutionally biased in favor of one parent, usually the child’s mother. Many family law attorneys believe that the outcome of this case can affect child custody decisions nationwide because it calls down the authority of the 14th Amendment’s equal protection clause to help fathers who are good parents.
The case in Tennessee has to do with court procedures used in the child custody case of 3-year-old Kate Hopkins, which began in 2007. The case is finally going to trial after more than two years in court and five different judges. One of the procedures that will be challenged in this case is the “80-day rule” created by local judges, which automatically takes effect as soon as a child custody case is filed, allowing only one parent 80 days a year with the child while the other parent is allowed 285 days a year – irrespective of the facts or circumstances of the case. Attorneys are arguing that this rule discriminates against one parent while violating the principle of equal protection and due process because it is done arbitrarily and imposed without a hearing. Read the rest »
Pennsylvania Alimony Fee Increase for Recipients
Beaver County’s domestic relations division is apparently charging those receiving alimony payments a new $120 annual handling fee citing poor economic conditions as an excuse. According to a news article in the Pittsburgh Post-Gazette, the fee covers those receiving spousal support but not child support payments through the county. The fee went into effect after an order was signed by Beaver County President Judge John McBride in April. The new order was published in the Pennsylvania Bulletin, a gazette of statewide rules and proposals, the report said. County officials told the newspaper that that they did not want to tap into the pool of those receiving child support payments because it would affect children.
Alimony, maintenance or spousal support is an obligation established by divorce law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage unless they are legally separated. In some cases, this obligation may continue after the separation or divorce. There are many different types of alimony in Pennsylvania, which would depend on the circumstances of the divorce, the length of the marriage and the duration of the spousal support. Alimony is often a hotly contested issue in divorce cases. Read the rest »
New Law Will Prevent Criminals from Receiving Alimony
A law, which passed recently, revises New Jersey alimony and inheritance laws to make sure people found guilty of abuse, murder and other crimes are not able to receive alimony and inheritance benefit payment. According to this news report, the bill is broken into two sections. With regard to alimony payments, the bill prevents anyone convicted of an attempted murder from receiving alimony from their intended victim. Such victims will also not be responsible for covering the cost of divorce court fees. Prior to this bill’s passage, the divorcing spouse must cover the expense of the other person’s attorney’s fees.
This New Jersey law also eliminates a parent’s right to inherit from their deceased child’s estate if they were found guilty of abandonment or of refusal to acknowledge, sexual assault, endangering the welfare of that child or attempted murder. This law needed to be passed in the interest of fairness and justice. To think that a person can physically harm or try to kill a spouse and then expect to receive alimony payments or an inheritance from that person goes beyond unfair. It is unconscionable. Read the rest »
Gibson’s Divorce Settlement to Be Most Expensive in Hollywood History
Mel Gibson’s wife of nearly 30 years – Robyn Gibson – has filed for divorce, according to a recent news report. Gibson cited “irreconcilable differences” as the reason for the split from the 53-year-old Gibson. The couple has had seven children since their marriage in 1980. Any divorce settlement in their case would be the most expensive in Hollywood history. Gibson’s assets are estimated at around $900 million. California law states that community property and earnings shall be divided 50/50 in divorce cases where there is no prenuptial agreement in place. Read the rest »
Pennsylvania Child Custody Exchange Gets Violent
A Hustontown man is accused of assault after an incident with a woman during a child custody exchange, according to this news report. Edward Eugene Saylor, 51, was charged with simple assault and two counts of harassment. Pennsylvania State Police officials say Saylor grabbed 26-year-old Misty Dawn Saylor around the neck with both hands and lifted her off the ground. He then allegedly carried her into a car wash and slammed her head against a brick wall three to five times before letting her go. She complained of head, neck and back pain. Saylor also allegedly assaulted a 40-year-old man as he attempted to call 911.
Child custody issues can be extremely contentious and sometimes it can get violent, as it apparently happened in this case. It is not too clear what happened in this particular Pennsylvania child custody case. But if you are going through a divorce that involves children, it is very important you understand that obtaining a custody order by a court in Pennsylvania can save you a lifetime of insecurity regarding your children’s security and upbringing. The only way to get that order is by filing a successful legal pleading in family court in your home state. Read the rest »
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