In a sole custody arrangement, the custodial parent has the upper hand and enjoys privileges that are not shared by the non-custodial parent. For instance, the custodial parent might have an easier time asking a court for permission to move out of the jurisdiction. The custodial parent will also be put in charge of making important decisions for their children, including medical care, education and even religious affiliations without having to consult the other parent.
]]> Generally speaking, sole custody is usually granted when a court determines that one parent is defective in some way. This could mean the parent is combative, has a mental disorder, has a dependency on drugs or alcohol or some other destructive scenario. Parents that vie for sole custody usually use these types of claims as the crux of their argument.Child custody arrangements don't have to be totally cut-and-dry. Parents can mend an agreement that deviates from the traditional perimeters associated with sole custody. In some of these types of arrangements, the non-custodial parent sometimes has more of an opportunity to parent their children than do parents who have a joint custody arrangement. A divorce attorney experienced in family mediation can be beneficial when negotiating non-traditional custody agreements.
As research highlights, the benefits of having both parents involved in the child rearing process has more and more judges doing away with the notion that parents with sole custody should also spend majority of the time parenting the child.
Source: The Huffington Post, "How to divorce: How can I get full custody of the kids?" Michele F. Lowrance, May 1, 2012
]]>Failure to pay child support has a direct effect on a child and robs them of the greatly needed money for everyday expenses.
]]> Like many similar stings staged around the state throughout the year, law enforcement near Lake Charles, Missouri recently took special aim at negligent fathers in an effort to bring them to justice. Police formed eight teams of two deputies that took to the streets to serve over 135 arrest warrants and try to squeeze payments out of deadbeat fathers that owed a combined $2 million in unpaid child support.The operations manager for Child Support Enforcement, which collaborated with police, said that these types of crackdowns usually bring in lump sum payments, or else law enforcement can work with negligent fathers to strike a deal for future payments. If the fathers cannot pay, they will either be sent to jail or the Academy of Training Skills, which offers a work program.
This recent crackdown netted 25 individuals and lump sum payments that totaled $11,000. Of those taken into police custody, 14 were brought to jail and three were diverted to the Academy of Training Skills. The other eight were able to muster up enough payment to keep them out of both facilities.
The operations manager at Child Support Enforcement promised that just because some men were able to avoid police during this particular effort, that doesn't mean they will be able to run from their child support obligations for long. Of course, she also did not want non-custodial parents to treat law enforcement or Child Support Enforcement as the enemies. She encouraged delinquent fathers to come into the offices and plead their case. Many times, officials can work with non-custodial parents and work out a plan that will help ensure they can make the payments.
Source: KPLCtv.com, "Deputies serve warrants for back-owed child support," Lee Peck, April 24, 2012
]]>However, it is believed by many that this hands-off and potentially detrimental way of parenting often catches up to professional athletes as footing the child support bill for a number of offspring can be financially debilitating.
]]> Antonio Cromartie, famed cornerback for the NFL's New York Jets, is essentially a poster child for this trend. Cromartie has 10 children with eight different women; who are spread out among six different states. He is also currently married.While Cromartie makes millions of dollars in salary, he is forced to pay $3,500 each month in child support for each of his children. This amounts to a stunning $294,000 a year in child support alone. Considering how relatively short an athlete's football career can be, it is a wonder how he will continue to make these payments once he is out of the league.
In 2009, Sports Illustrated revealed that 78 percent of NFL players are broke within two years of retirement. For professional basketball players, it takes about five years.
If Cromartie is the "before picture", NFL wide receiver Terrell Owens could be considered the "after picture". Owens, who enjoyed immense fame during his time as a professional football player, recently filed for bankruptcy. He has four children with four different woman and was ordered pay $240,000 per year for each child.
The list of athletes facing hefty child support bills goes on. Since an athlete's salary fluctuates, they are also bombarded with lawyers trying to bring them to court to work out new child support agreements for their ex-lovers.
This is not a trend confined to just athletes. Musicians, movie stars and other high-profile individuals can often fall into the same category. What we all must remember is that the only victims in these cases are the children. Later in life, they might not receive the money that they need for basic living expenses. More importantly, they are robbed of the chance of bonding with a father as they grow up.
Source: The Grio, "Does 'baby mama drama' make pro athletes go broke?" Kunbi Tinuoye, April 20, 2012
]]>Also included in the divorce decree is a $10,000 a month payment for child support for the couple's two sons. His ex-wife will maintain physical custody of the boys, but Millan was granted visitation rights. Apparently, part of the reason the divorce proceedings took so long is because the settlement also includes detailed clauses demanding silence.
The document stipulates that any "intimate, personal and/or private information about the other party ... including details of their personal and/or sexual relationships" must remain confidential. Rules for not disclosing any film, recording, photo or video of Millan that are not already commercially available are also included.
]]> Millan married in 1994, 10 years before his television series premiered on the National Geographic WILD channel. and before he gained celebrity as the "Dog Whisperer." Born in Mexico, Millan moved to Los Angeles to be a Hollywood animal trainer.Other clauses and stipulations often included in Louisiana divorce settlements include name changes, property settlement and division, payments of loans or debts, which parent will claim the children on tax returns, who will pay for your children's extra-curricular activities, non-harassment clauses and college expense agreements.
Source: latino.foxnews.com, "Dog Whisperer Facing Big Payout in Divorce," April 23, 2012
A sperm donor's child support obligations have often fallen into a gray area within family law. Technically, a sperm donor is the biological father of a child, but donors do not always plan on lending their sperm with the idea of assuming that role in the child's life.
]]> This was the situation a Texas man went through when he opted to donate sperm for his friend. That friend wanted desperately to have children, so the former police officer and professional bodybuilder decided to donate his sperm via a California sperm bank. While the man willfully did this, he made it clear to his friend that he did not want to be a parent to any subsequent children that would be born through the assisted reproduction.The woman eventually gave birth to triplets. However, she lost one of the children shortly after birth. Despite the agreement that the two sides had, the woman launched a lawsuit against the man asking for child support payments. The man said he feels betrayed and that he thought his friend would stick to the agreement.
Because of the lawsuit, the man was originally forced to pay up to $5,000 a month in child support. Finally, an appeals court reviewed the case and told the man he could cease making those child support payments.
Generally speaking, legal analysts said sperm donors are not considered parents when a child is born through assisted reproduction, as was the case in this instance. This is especially the case when the donor and recipient are not married.
Even though the law eventually sided with the man, he said he learned a lesson and was never going to consider donating sperm again. Currently, he is married with his own children.
Source: MyFOXdwf.com, "Court: Sperm donor doesn't owe child supports," Fil Alvarado, April 10, 2012
]]>Parents of adopted children will not refute the fact that going through the process can be financially cumbersome. In fact, the price of adopting a child internationally can sometimes soar above the $20,000 mark.
]]> Still, one fact that goes wildly unnoticed is that these parents can get a good chunk of that money back through what is called the adoption credit. This tax break is designed to help adoptive parents recuperate some of the money they spent.Parents who adopt children are so focused on nurturing a healthy family (as they should) that many of them are not aware of this tax credit geared especially toward them. This was reflected in the number of adoptive parents that took advantage of the credit in 2010. That year, 96,949 tax returns were filed claiming the credit. The total amount of money credited by the Internal Revenue Service that year was $1.2 billion.
By overlooking the credit, adoptive parents are missing out on a huge financial advantage. For the 2011 tax year, the credit was worth up to over $13,000 for each child and came as a refundable credit.
But, because the credit potentially carries so much money, it is watched closely by the IRS and requires a lot of extra legwork. There are also specific guidelines for parents of domestic-born children and those that adopted internationally. The process will require the help of a qualified accountant, but the end result can be quite favorable, and benefit adoptive parents.
One couple that took advantage of the credit received just under $5,000 in 2009 and just over $7,000 in 2010. They were able to put that money aside in an education saving accounts to benefit their child later in life.
Source: Detroit Free Press, "Susan Tompor: Adoption credit is not well known," Susan Tompor, April 5, 2012
]]>While this might be effective for some, others are turning to mediation, thus boosting its popularity in Baton Rouge recently.
]]> Many men and women are turning their backs on the "traditional" way of divorcing, claiming that mediation allows for both sides to save money and strike an agreement that they can both be happy with. Some would argue that divorcing men and women should turn to a mediator first once they have decided to part ways.Contrary to a common misconception tied with mediation, a mediator can finalize the whole divorce without forcing either side to enter a courtroom. During this process, spouses can hash out the important decision on topics like how to divide the finances and debt and child custody or visitation arrangements. A mediator can notarize a final Marital Settlement Agreement and file it with the court.
The fact that these proceedings can be done privately is another upside to mediation. When a divorce is dragged through court, everything becomes public record. This information is made available to everyone from family members to your co-workers. This information can include personal matters, too, like allegations of extramarital affairs (either true or false) or addictions.
Still, mediation is not ideal for every divorce, though. Many divorces include a spouse who is experiencing extreme emotions and want nothing more than to get back at their former husband and wife. Divorce attorneys and the court system is likely the only remedy to these scenarios, as rational compromise is key to mediation. This is a hard mindset to get in after the rejection of divorce.
What it boils down to is the fact that couples need to choose the path that is right for them. There is no right or wrong way to go about divorce. What works for other couples may not necessarily work for you.
Source: The Huffington Post, "4 ways to navigate divorce with GPS," Nancy Fagan, March 30, 2012
]]>Despite the growing knowledge on the usefulness of such agreements in Louisiana, there are still some misconceptions. For instance, prenuptial agreements, or similar legal arrangements, are not just for married couples to protect them in the event of a divorce. More and more unmarried couples who are cohabiting have been enlisting the help of legal protection in order to have everything in place if the relationship eventually dissolves.
]]> Just like any married couple, cohabiting couples seek the aid of qualified attorneys to draft up these plans that will address everything from a person's assets to child support obligations. With men and women choosing to either hold off on getting married or forgoing the process all together, the president of the American Academy of Matrimonial Lawyers has confirmed that there is a growing need for such legal agreements. The Pew Research Center stated that 51 percent of adults in the United States are choosing to get married, which is an all-time low.Information collected by the AAML revealed that of divorce attorneys polled, 39 percent saw an increase in cohabitation agreements in the last five years. Some might attribute the rise to same-sex couples that must resort to these measures because they cannot legally get married in some states. That notion is debunked with the fact that 70 percent of those same divorce attorneys said they drafted up most of their agreements for heterosexual couples.
Just because a couple is not married does not mean that a break up cannot spill over into a family law courtroom. These couples still might buy a house and have children together. Many unmarried couples that have lived together will likely argue over things like child care following dissolution of the relationship.
Source: WCVB-TV Channel 5, "Prenups aren't just for married couples anymore," Jessica Dickler, March 20, 2012
]]>These individuals bring in significantly more proverbial baggage. Not being open and honest about your emotions could lead to heartbreak for everyone involved in a budding relationship. For this reason, many divorced men and women would caution others to be very careful when entering a new relationship. This is a delicate time where the wrong move could hurt others.
]]> Some men and women opt to search for love even before divorce. This often comes during a separation period when a husband and wife need to make a decision whether to work on the relationship or not. In these situations, being open and honest with a new potential romantic interest is even more important. One male blogger that found himself in this exact situation provided advice on how to approach new relationships whether you are divorced or separated. He said:Finding love and a healthy relationship after a divorce is not impossible, however, it might required a little added work to move one.
Source: The Huffington Post, "The next relationship," Steven Crandall, March 14, 2012
]]>This is especially true for children between the ages of six and 12. In this stage, children often understand what is going on and the circumstances surrounding their home life. They understand the concept of divorce and that they may not see one parent for a prolonged period of time. This is also a stage of life that comes before the typical rebellious teenaged years, meaning children still seek the approval of their parents and other elders.
]]> A joint child custody arrangement can be a delicate situation. If a child is forced to move from home-to-home too much, they might not feel like they actually have a home. They will likely view their lives as a constant transition with no real time to settle down. At the same time, if a child spends too much time at one parent's house that could also pose a whole different set of negative effects.Some experts in this field suggest what is known as a 2-2-5 arrangement. Under this rule of thumb, children between the ages of six and 12 found in traditional joint child custody agreements should spend Monday and Tuesday at one home and Wednesday and Thursday at another. The parents can alternate where children stay for the weekend. Once the child reaches their teens, it might be best to have the child spend week-long periods alternating between homes.
This co-parenting strategy might seem ultra-simple, and it is. But what is simple on paper is not necessary simple amid a divorce where emotions often run rampant. Important agreements that concern child-rearing, like child custody agreements, can only be simple and effective when both sides put their negative feelings and criticisms aside and strive for what is best for the children.
Source: The Huffington Post, "Just passing through," Tara Fass, March 8, 2012
]]>Many others might not have even known Adoption Day existed or seldom speak of it. Therein lies a potential problem. After all, many adoption advocates contend that adoption is not an issue that works itself into the daily conversation in the United States. Americans endlessly debate on such childbirth issues as birth control, right for single parents and abortion, so it is a wonder why adoption does not come up as a topic of conversation more than it does.
]]> Many Americans that have not experienced the adoption process firsthand generalize it greatly. They simply assume that when husbands and wives cannot have a child biologically, they turn to the adoption system, which exhausts a person of their time and money.Because there are no politicians touting the message of adoption, little has changed in regard to adoption numbers. In 2010, just 9,300 children from overseas were adopted by American parents. This number has declined since it peaked in 2004. Since 2002, the number of children adopted out of foster care in the U.S. has stayed within the window of 115,000 to 135,000. This is hardly a dent in the roughly 500,000 children up for adoption in the foster care system according to a 2010 report by the Children's Bureau's Administration for Children and Family.
With tireless efforts from politicians to uphold the rights of women in issues like abortion, there is simply no energy being exerted in actively connecting these children with potential adoptive parents. Perhaps when the idea of adoption truly embeds itself in the mainstream conversation of U.S. politics, this will change.
Source: The Huffington Post, "'Adoption' needs to become a buzz word in the social lexicon of America," Steven Kurlander, Feb. 29, 2012
]]>One famous rapper is learning this the hard way. Louisiana officials are targeting a famous rapper who performs under the name Juvenile. The state determined that the performer was very much behind on the child support payments for his 13-year-old son, and now faces jail time because of it.
]]> According to Louisiana records, Juvenile is behind on child support payments by more than $160,000. Juvenile allegedly has not issued a child support payment in the last five years. His last payment was issued in December of 2006.Louisiana dishes harsh punishment when it comes to child support payments. Any father that is chronically negligent when it comes to making this payment can expect to be placed behind bars for the offense. Because of this, the famed rapper has a warrant out for his arrest and faces 90 days of incarceration.
A Louisiana judge recently stated that if Juvenile will issue a payment of at least $50,000, he can avoid going to jail. This would also give the rapper a chance to gather the rest of the money and issue it to the child's custodial mother.
This whole ordeal is news to the rapper, though. Juvenile claimed that he had no idea there was a warrant out for his arrest. He also contended that he takes very good care of his son and that his son spends a good amount of time in his care.
Juvenile said he plans to fight the allegations that he owes that much money in unpaid child support. He also took great exception to what he considered to be premature and inaccurate media reports. Juvenile said his lawyer would handle the matter.
Source: GossipOnThis.com, "Juvenile facing 90 days in jail for failing to pay almost $200k in child support," Feb. 24, 2012
]]>The study, conducted by the Prevention Research Center, suggested that there is a direct correlation between the number of bars and pubs in a neighborhood and instances of domestic violence. A professor at Louisiana State University in New Orleans was not involved with the actual study, but pointed out that it was essentially groundbreaking. While researchers have studied this trend overseas, this is the first study of its kind in the states.
]]> The study was conducted in California where researchers examined the density of bars and pubs within a zip code and compared it with data collected from emergency department visits reported for intimate partner violence. This study went on for 3.5 years to find any possible ties between the two factors.The data suggested that with the increase of one bar or pub within a square mile contributed to a 3 percent increase in the risk for domestic violence. In the same study, researchers found that establishments that sell alcohol, but do not allow patrons to drink it there (i.e. liquor or grocery stores) reduced the risk for domestic violence. Restaurants had no effect on domestic violence.
Researchers were not surprised that restaurants had no effect. Generally, people go to a restaurant to get a meal, whether or not they consume alcohol with it. Patrons often go to a bar for the sole purpose of consuming alcohol.
The only issue in the study was the prevalence of liquor stores or a similar establishment actually drove down the risk for domestic violence. Some could speculate that by consuming alcohol at home and not in the bar environment, one is less like to engage in a physical altercation.
Regardless of the reasoning behind this data, domestic violence is a common and serious crime. Spouses or loved ones that find themselves in these situations should take precautions and seek resources in order to get out of the relationship immediately.
Source: MedPage Today, "Rise in domestic violence seen in areas near bars," Michael Smith, Feb. 17, 2012
]]>Thankfully, these grandparents do not have to assume these new parenting responsibilities alone. This was recently shown in Covington, Louisiana where a local organization sponsored a conference called Grandparents Raising Grandchildren.
]]> It is such resources that a growing number of grandparents, who are now raising their grandchildren in Louisiana, have turned to and cherish. The conference, sponsored by John 3:16 Grandparents Raising Grandchildren of St. Tammany, was the first one to be held in Covington. This year focused on the essential steps to protecting a child. A similar conference has been staged in Baton Rouge for the last 13 years.Not only did the group sponsor the conference, but they also wish to be recognized as a resource for both grandparents and other relatives who now find they are responsible for raising children that aren't theirs. Depending on the situation, many grandparents are not particularly prepared for the responsibilities that come with raising a child. That is why the added support is even more crucial. The group from St. Tammany offers a support group and stays in close contact with grandparents via e-mails and telephone calls.
Some grandparents are readily taking the group up on its offer for support. One woman who began raising her grandchildren with her husband last summer said the group has helped make the transition from grandparent to parent a smoother one.
Another woman, left with the tall task of raising four grandchildren for nearly the past decade, admitted that raising the children was both tiring but rewarding at the same time. She, too, admitted that having support groups and resources to help in the process were crucial to successful parenting.
John 3:16 Grandparents Raising Grandchildren is also scheduled to address another often-overwhelming side of the parenting arrangement -- the legal side. The group is planning a workshop on the legal aspects of grandparent-grandchild parenting in June.
Source: NOLA.com, "Grandparents raising grandchildren find support at Covington conference," Christa Chautin, Feb. 8, 2012
]]>A sociologist at Michigan State University conducted the study, which appeared in the journal Social Science & Medicine. In the study, researchers interviewed a combination of over 1,200 men and women throughout a 15-year period. These individuals ranged in age from 25 to 83.
]]> Many of the interview questions were centered on the health status of each individual. This information was then compared to their martial status. The results revealed that individuals who divorced from their spouse between the ages of 35 and 41 suffered the brunt of ill health effects. Couples that decided to divorce later in their lives were less affected.The findings were even a surprise to the woman behind the study, who said one might have assumed younger couples would take less stress away from a divorce because it is becoming more and more of a staple in today's society. Pondering the trend further, the researcher speculated that perhaps older couples felt the need to stay locked in a loveless marriage so that, when they finally decided to divorce, it was a relief.
One maybe not-so-surprising discovery uncovered was the fact that those who divorce see their health decline quicker than married couples. The study identified the transition from marriage to divorce as the culprit. Some of the individuals studied were divorced the entire time and their health did not decline. When an individual went from married to divorce, that's when their health suffered. The head researcher said the study should be a call to action to make more resources available to young couples going through divorce.
Source: Mail Online, "Divorcing 'is more harmful to health in your 30s as young couples are hit hardest by change'," Lauren Paxman and Fiona Macrae, Feb. 1, 2012
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