IN CHILD CUSTODY CASES, CHILDREN MUST BE THE FOCUS OF YOUR FIGHT

The end of a relationship between parents is seldom an easy transition. Indeed, Kentucky parents are often caught up in so many conflicting emotions, that it may be difficult to see the forest for the trees. In these cases, no matter how distraught and angry parents may feel, child custody must be focused on what plans will best serve the needs of the children involved.

In general, most family court judges are in favor of parenting plans that involve both parents as equally as possible. In this way, children are permitted to form strong relationships with both of their parents — regardless of the relationship between the adults. In those cases where it may be detrimental for a child to spend equal time with one of those parents due to fears of danger to a child, then one parent may make a case for primary or even sole custody. However, this is when a true battle may ensue.

The parent who feels that he or she is being cut out may attempt to lodge hurtful accusations in an effort to discredit the other parent. In these circumstances, you are entitled to retain an attorney who is skilled in protecting the rights of a child to a safe and nurturing environment — even if that means limiting the custody rights of the other party. What is best for a parent must not figure into the equation until it is determined what custody plan best protects and provides a sense of security for your precious child.

Child custody cases can be difficult and emotional battles. It may be helpful to keep in mind that the ones who matter most are the children. Kentucky parents who are struggling to resolve this important issue may be best served by enlisting the assistance and support of an experienced family law attorney who has a successful record of placing the emotional and physical needs of every child first. 

USEFUL IDEAS FOR FATHERS SEEKING CUSTODY

The film and book industries have not really done justice regarding how they portray fathers in America. Often, characters in movies or novels come across as lazy, disinterested parties who try to escape the obligations and responsibilities that accompany parenthood. If such characterizations irritate you, you are definitely not alone in your frustration. The fact is that there are many wonderful fathers out there who want nothing more than to fulfill their roles as best they can to help their children become well-adjusted, productive, happy adults.

If you’ve recently divorced, you may find it even more challenging to overcome the stigma associated with such situations when it comes to being a dad. You may not only consider yourself the antithesis of the typical Hollywood portrayal of fathers, you may even hope to pursue full custody of your children as you and your former spouse navigate divorce proceedings. Long ago, such goals were nearly impossible to achieve; nowadays, it’s not only possible, but may be more likely if you keep certain things in mind.

Increase your chances 

The court has the ultimate voice of authority when it comes to all decisions regarding the future care of your children post-divorce. Your input certainly matters, however, and may influence the court’s decisions. The following list includes things you can do to improve your chances of obtaining custody of your kids:

  • Remain active in their daily lives. Be prepared to show the court that you communicate with your children, hopefully, on a daily basis and that you regularly attend their sporting events and other special occasions, such as school concerts or parents’ night.
  • Also show the court evidence that you spend ample time with your kids in your free time.
  • If there’s an existing child support order, adhere to it and make your payments on time.
  • If something arises that makes it infeasible to keep paying child support, bring it to the court’s immediate attention and request a court order modification, but do not disobey the existing court order.
  • Develop a parenting plan and be prepared to execute it. The court will want to know where you plan to live with your kids and how capable you are of fulfilling the daily obligations that accompany child custody.

Let’s say you work 100 miles from home and typically spend 14 hours per day away from your residence. The court is highly unlikely to find that a suitable arrangement for custody. You should think ahead and make sure you are able to satisfy your role as a custodial parent according to the reasonable expectations that are inherent to the position.

MILITARY DIVORCE SEEMS TO BE HOLDING STEADY; MARRIAGES IN DECLINE

Life in the military can be rewarding in many ways, though there are many sacrifices that families are asked to make when one or both spouses are service members. In spite of the demands that these families face, it appears that the military divorce rate has not significantly increased over the past several years. Unfortunately, divorce is a fact of life for many Kentucky residents, whether one is in the military or lives a civilian life.

The report compiled by the Defense Manpower Data Center records the divorce rate among military members as remaining around 3 percent. However, within those numbers is the figure that shows that, among one branch of service, the rate of divorce for women personnel is more than double that figure. Overall, the divorce rate for women in all branches is higher than for men, with the Army reporting a rate that is more than 275 times higher than it is for men.

For reasons that are yet unclear, female Marines are divorcing at a rate of approximately 7 percent, which has remained consistently high for several years. In 2010, women personnel were divorcing at a rate of almost 10 percent. It has been suggested that, because the rate has not fluctuated much during the past several years, there may be policies in place that make it more difficult for female Marines to maintain a healthy marriage.

Just as in civilian life, the overall marriage rate has shown a decline. Historically,  marriages for military members was higher than for civilians, due in part because of the benefits that are offered to married personnel. The decline is mirroring the rest of the population as more and more people are choosing to remain single. When Kentucky residents are facing the prospect of filing for a military divorce, they may be concerned about the proper procedures. In these circumstances, residents may benefit from the advice that an experienced attorney can provide.

 Source: military.com, “Troop Divorce Rate Unchanged; Marriage Rate Continues Fall“, Amy Bushatz, April 16, 2018

EX-MAYOR RUDOLPH GIULIANI’S WIFE SEEKING HIGH ASSET DIVORCE

Years ago, Rudy Giuliani, became one of the most well-known mayors in the country after the 9/11 terrorist attack. Shortly before that horrific event, he was widely criticized when he announced at a press conference that he was divorcing his wife in favor of the woman with whom he was having an affair. Kentucky residents may not be surprised that his current wife is now seeking what will likely be a high asset divorce.

Judith Giuliani recently filed for a contested divorce from her husband of 15 years. She has indicated that she is seeking an equitable share of the former couple’s marital assets, including properties they own in other states. Giuliani confirmed the divorce by stating they have separated and are seeking a process that will be as amicable as possible. He further requested that their privacy be respected and went on to suggest that there is equal blame for the dissolution.

The former mayor has maintained a presence in politics. He was purportedly considered to serve as Secretary of State, but he withdrew his name from consideration just before the appointment of Rex Tillerson, who was, himself, recently fired. Giuliani is now the head of a task force dealing with cybersecurity, while also serving as a liaison for private corporations on these matters.

The subject of a high asset divorce is a private matter and the majority of Kentucky residents will not draw national attention when beginning this process. When there are considerable assets at stake, former spouses may be concerned about how to ensure they are able to maintain an accustomed standard of living. In order to ensure that one is able to reach the best possible result, he or she may be best served by consulting with an experienced attorney who routinely handles these types of proceedings.

Source: USA Today, “Rudy Giuliani, former New York mayor, being divorced by wife Judith“, Carolyn McAtee Cerbin, April 4, 2018

PROPOSED BILL INTENDED TO HELP PROTECT PATERNITY RIGHTS FOR SOME

The advances that have been made in medical science enable those who were previously unable to have children to try other options. In Vitro fertilization has allowed many who struggle with infertility to have a baby, and, as a result, existing laws regarding paternity rights have been updated in some states, including Kentucky. There are still certain situations that may make establishing or protecting those rights more challenging.

A lawmaker in one state is attempting to update one of his state’s statutes regarding the ability to protect paternity rights once they have been granted. The circumstances that prompted his efforts pertain to a man who is fighting to have his rights to a child of a former girlfriend’s protected in spite of her wishes to block him from her son’s life. According to the information provided by the congressman, the man for whom the bill was purportedly written is not the biological parent of the child in question.

The man fighting for his paternity rights was in a long-term relationship with the child’s mother. According to his account, due to his infertility, they jointly decided to have a child through the use of an anonymous sperm donor and In Vitro insemination. Purportedly, by mutual consent, the man was named as the child’s father on the birth certificate, and his surname was given to the baby.

The relationship was later terminated, and the mother has denied the man access to her child by alleging that he was abusive to her. Though the new bill is purportedly meant to protect this man’s paternity rights, the mother’s attorney states that it does no such thing, and since the man is not the child’s biological parent, the bill does not apply. Kentucky has measures in place that are meant to provide an acknowledged father’s rights in these scenarios. Residents who are unsure of how these laws apply to their situations may benefit from seeking assistance from an experienced family law attorney.

Source: dailycomet.com, “Measure would make it harder to challenge a father’s paternity rights in Louisiana“, Jessica Williams, March 19, 2018