Recent Posts in Child Custody Category

A child custody decision is being left in the hands of the U.S. Supreme Court.  According to Alliance Defense Fund allied attorney David Dye, the case has an unusual twist.  He told OneNewsNow that the fight over the child occurred after, "a mom and a dad had a baby [and] subsequently divorced. Both parties got remarried, and then unfortunately mom died. But even more unfortunately, mom's new husband was given custody of their child."

In a typical child custody case, the precedent would grant the biological father primary custody.  However, the state refused Eric Harner as parental guardian even though his past actions and behavior were perfectly fine and should not have interfered with the custody decision.

Dye says, "Historically, the courts have found a compelling interest to interfere with the parent-child relationship if the parent is unfit or abuses the child, or the child is in danger or something like that."  He said that in this case, this has not happened and he finds it mind-boggling.

At this time, they are appealing the court's decision and arguing that the state should not deny custodial privileges to a fit parent without establishing a reason for denial, which Pennsylvania allegedly did. Dye says that his client is devastated and his last hope is the Supreme Court.

If you feel your father's rights were violated during a custody case, contact the Law Office of Michael R. Young and speak with a Riverside family law attorney.

In Florida, officers throughout the state were looking for a little girl who was missing.  Last week Friday, they reported that the girl was home sage with her mother, just a day after she had been taken by her father.

The judge presiding over the father's case said that Chance Barfield would not be allowed to bond out of jail as he stands accused of taking the 6 year old.

Police report that Barfield attacked his ex-girlfriend and then grabbed his daughter, taking her to Volusia County.  Following the incident, police said they had a list of warrants in Barfield's name for child abuse and domestic violence.  He is expected to charged with interfering with child custody, aggravated battery, trespassing and contributing to the delinquency of a minor.

If you are having difficulties with child custody or visitation in Riverside, contact our law office and schedule a consultation with a Riverside family lawyer.

This week, a Houston man was placed under arrest and charged with interference with child custody after he took his 8 year old son from the Huntsville area without permission.

32 year old Todd Jackson was arrested by Houston police after it was discovered that he had taken his non-custodial son.  Last Monday, police received reports around 4:30 PM that an 8 year old child was missing from a residence located at the 200 block of Avenue M.

Detectives set in motion an investigation to find the missing person.  They received information that the child may have been taken by his father, who currently has limited visitation with his son.  

Family members managed to call the 8 year old boy on a cell phone.  The police officers were then able to find the boy by tracking the phone's signal to a Houston neighborhood.  Once police found the location, they said they were able to speak directly with Jackson and convince him to visit his mother's home in Houston.  After Jackson arrived at his mother's home, he was arrested and the child was returned to his mother.

Need assistance with a child custody or visitation matter?  Contact our law office and get immediate help from a Riverside family law attorney.

News sources are buzzing with reports that Elin Nordegren will soon file for divorce from her husband, pro golfer Tiger Woods.  According to multiple news reports, Elin originally wanted a $750 divorce settlement.  However, it is alleged that she has accepted a $100 million settlement.  The 30 year old will also receive monthly child support for her and Woods' two children.

Reports also indicate that Elin will get child custody and Tiger will have visitation.  TMZ says that the golfer must also refrain from introducing the children to women he is dating unless he has plans to marry. 

In return, Elin has allegedly agreed to a confidentiality clause which prevents her from doing any post-divorce interviews.  She cannot discuss the divorce or her relationship with Woods.  Reporters say that Elin held out on signing the confidentiality clause so that she could get an increased divorce settlement.

If you are going through a divorce in Riverside and would like help from a family law attorney, contact the Law Office of Michael R. Young to arrange a consultation with a Riverside divorce lawyer.

In Santa Monica, California, it is reported that a man was ordered to seek counseling if he wants to obtain child custody.  The father of twin daughters supposedly had a history of making racist and sexist comments. 

On Tuesday, the split appellate court upheld the order and said that the man's furious outbursts with both women and minorities were making it difficult for the court to reunite him with his daughters. 

Justice Paul Turner wrote that the father's ability, "will be enhanced if he understands ... that in a diverse culture such as in Los Angeles County, he cannot consistently insult women and all persons who are different from him."  Justice Sandy Kriegler agrees with Justice Turner. 

However, Justice Orville Armstrong Jr. did not agree and said that the juvenile court referee abused her discretion by saying the man must get counseling for his behavior.  Justice Armstrong wrote that while he found the man's comments to be "deplorable", he felt there was, "no evidence that father's bad temper or deplorable remarks created a risk of serious physical abuse to these children."

After evidence was presented that the father had shouted sexist and racist comments at social workers at his daughters' school, Los Angeles County Juvenile Court Referee Sherri Sobel ordered that he get counseling. 

If you are dealing with child custody challenges, now is the time to get a Riverside family lawyer involved.  Contact the Law Office of Michael R. Young today!

When can Child Custody Orders be Modified?
In the state of California, child custody orders may be modified at any time.  However, in order for a parent to seek modification to a court order, he or she must be able to prove that there has been a change in circumstance and the change is impacting the well-being of the child or children.

The following are changes in circumstance that can result in a child custody order being modified by the family courts:

-          A change in residence by one parent

-          Evidence that the child has been abuse by a parent

-          The child wanting decreased visitation with one parent

-          A shift in the child's school schedule

If you have additional questions about modifying a child custody order in Riverside, it is a wise idea to meet with a Riverside family law attorney at the Law Office of Michael R. Young.  Contact our firm today to set up an initial consultation.

According to TMZ, Charlie Sheen and Brooke Mueller recently signed a 43 page agreement.  The agreement details what will happen with the couple's assets if/when they divorce.

In the documents, both Mueller and Sheen agree that they will have joint child custody of their two children.  Mueller will have primary custody and Sheen will see his children on the weekends.

Child support is also addressed in the agreement.  Allegedly, Mueller will get $55,000 a month for child support payments.  The documents also specify that the child support for the couple's two children will not be, "less than the child support paid by Charlie to Denise Richards for Sam and Lola."  Additionally, the couple agreed that Brooke will waive her right to spousal support. 

She has agreed, "not to disclose to any media sources personal information relating to Charlie's sexual affairs or alleged drug usage."

If you are going through a divorce in Riverside or a related family law matter, now is the time to contact the Law Office of Michael Young and arrange to speak with a Riverside divorce attorney.

News sources say that Jesse James and his ex-wife, Janine Lindemulder, are struggling with family law issues.  The ex couple are supposedly fighting over their daughter, Sunny.  One allegation that has surfaced is that James plans to leave the state of California with his daughter, prompting Lindemulder to file papers with the court.

Lindemulder said that James had plans to flee the state with their daughter and that she would like temporary visitation rights.  In her paperwork, Lindmulder said James had plans to run off to the Lonestar State.

On the opposite end of the spectrum, James has not said anything about moving to Texas.  However, he has said that his ex-wife is not fit to raise their daughter because she is an adult film star.  He also said that Lindemulder is a "stripper, drug abuser and convicted felon on probation."  He is asking that the family court appoint a doctor to evaluate Lindemulder's stability. 

Last week Friday, a judge denied Lindemulder's request for temporary visitation of Sunny.  A formal hearing has been set for June 17^th.

If you need legal assistance with a visitation matter in Riverside, contact the Law Office of Michael R. Young to get help from a Riverside family lawyer.

According to news outlet, TMZ, Tiger Woods has added a child custody lawyer to his legal team.  The legal team was created after Woods discovered that he may face possible divorce proceedings.

The news source indicates that at this time, both Woods and his wife Elin are seeking joint child custody of their children.  However, Elin expressed interest in returning to her native country, Sweden.  With this new development, the couple is finding that they need to come to some sort of custody arrangement soon.

Right now, lawyers for each spouse are trying to negotiate a settlement prior to filing for divorce paperwork in California.  The couple has been plagued by scandal for several months now, which has caused them to try to expedite their family law matters as soon as possible.

Are you going through a divorce in Riverside, California?  If so, a Riverside divorce attorney from the Law Office of Michael Young can provide you with legal assistance.

Contact us today to discuss your family law case!

A dispute over a child custody arrangement has led to the hospitalization of a young girl.

The Victorville Daily Press reports that Nicolas Alexander, 26, was arrested for throwing an object at a moving vehicle containing his children, and then trying to pull the children out of the vehicle while it was still moving.

Authorities say Alexander and the children's mother were fighting over a court-ordered child custody arrangement. Police were called after one of the children, a 5-year-old girl, suffered traumatic injuries. According to reports she jumped out of the vehicle when Alexander opened the door to pull the kids out.

The girl was transported to a nearby hospital, but it is believed she was not seriously hurt.

Experienced Domestic Violence Lawyer Serving San Bernardino

Unfortunately, many incidents of domestic violence are spurred by disagreements over child custody and other family law issues. If you and your spouse or partner disagree over a particular issue, do not let it escalate into an argument that escalates even further into abuse. 

Riverside domestic violence attorney Michael R. Young serves clients in both Riverside and San Bernardino who are involved in some type of family law dispute. If you and your spouse or partner need help resolving a child custody, visitation, or child support matter, please do not hesitate to contact the Law Office of Michael R. Young for help! It's in your best interest to contact Mr. Young rather than getting involved in a violent fight or argument and facing criminal penalties.

Jesse James’ alleged infidelities may cost him more than just his wife, Actress Sandra Bullock.

It’s speculated that James’ former partner, porn star Janine Lindemulder, is planning to sue James to try and regain custody of their daughter Sunny.

Last year a court ruling granted full custody rights to James. Lindemulder, who served six months in prison for a tax evasion conviction, believes the judge awarded custody to James because he felt James could provide a more stable environment for Sunny. Bullock and James had been raising Sunny together, but now that Bullock has reportedly left the family home following allegations that James cheated on her with tattoo model Michelle McGee, the stability of James’ home is in question.

A well-known TV personality is involved in a legal dispute…with his own children!

Montel Williams, best known for his daytime talk show “The Montel Williams Show”, is being asked to step up to the plate by his own children. Although Williams is current on his $18,700-a-month child support payments, his two kids say they want their dad to start taking a more active role in their lives or step out of the way. They said if Williams isn’t interested in taking a more active involvement in their lives then he should step aside and let their mother make all of their legal decisions.

That is not their only request. The kids, ages 16 and 15, want Williams to pay for an attorney to argue their case. But according Williams’ own attorney, he is currently in an “extremely perilous” financial situation.

Despite his recent successes, which includes hosting radio show, writing a best-selling memoir, and staring as an infomercial pitchman, Williams claims he cannot afford to pay the $7,500 in legal fees his kids are asking for their lawyer.

Meanwhile, Williams’ custody fight with his ex-wife, Grace Morley, rages on. Although Williams and Morley currently have joint custody, his children say they rarely see their father. His daughter, Wintergrace, says she has only seen her father four times in the last five years. Morley is now trying to gain sole physical and legal custody of the children, but Williams is fighting to hold on to his legal custody rights so he can continue making legal decisions.

If you are in need of experienced representation for some type of child support or child custody dispute, you can turn to a knowledgeable Riverside divorce attorney at the Law Office of Michael R. Young for help. To learn more about the services offered at the firm, please call (866) 902-5290 today!

U.S. Rep. Mike Turner wants to protect military men and women who are asked to put their lives on hold to fight for this county. His new bill, HR 4469, offers protection to deployed military members in regards to child custody.

As the Servicemembers Civil Relief Act stands now, it does little to protect deployed service members in child custody cases once they return home. Too often single parents in the military scheduled to deploy are asked to drop everything and quickly get their personal effects in order. When children are involved, temporary custody arrangements are made with the other parent while the service member is deployed overseas. The problem occurs when the military parent returns home from deployment, only to find their ex wont relinquish custody of the children.

Turner believes it’s unfair for one branch of the government to ask these parents to risk their lives and fight for their country, while at the same time another branch of the government punishes them for their service. It’s this injustice that prompted Turner to draft the legislation. Under the terms of his bill, the courts would be prohibited from using a deployment or the possibility of deployment against a military parent when determining the child’s best interest in a custody case. The bill also states that any temporary custody arrangements made while the military member is overseas are to be reversed once the parent returns home from deployment.

Turner’s message is clear: military parents should not lose custody of their children because of their service to their country. If you have found yourself fighting for custody of your children after a military deployment, please take a moment to contact a Riverside child custody lawyer at the Law Office of Michael R. Young. We can represent you during your custody hearings and aggressively fight to have your custody rights restored. Call (866) 902-5290 to schedule an appointment today!

Things are getting ugly between a divorced couple in Chicago fighting over what religion to raise their daughter in.

Rebecca Reyes served her ex-husband, Joseph Reyes, with a temporary restraining order after Joseph sent a picture of their daughter’s baptism at a Catholic church. Jonathan claims he was just trying to show that their daughter enjoyed the occasion, but says his wife is taking it as malicious.

Rebecca is claiming Jonathan agreed to raise the girl in the Jewish religion, and Jonathan himself even converted to Judaism during their marriage. But Jonathan claims he never signed anything or agreed to raise his daughter solely in the Jewish faith. He also claims that during their marriage they never kept a kosher home, rarely observed the Sabbath, and only went to Jewish services a few times.  

Jonathan says the issue is more about his ex-wife being in control than the fact he took their daughter to church.

A judge agreed to grant the restraining order, which prohibits Jonathan from taking the girl to church. After TV crews captured footage of Jonathan taking the girl to church again, Rebecca filed a contempt of court against Jonathan.

Jonathan and his attorney appeared at an arraignment and requested the case be transferred to a different judge. The request was granted.

If Jonathan is found in contempt of court he could be sentenced to six months in jail and a $500 fine.

Things have been contentious between Jonathan and Rebecca for a while. After separating in 2008, Jonathan allegedly didn’t see his daughter for 7 months until he finally took Rebecca to court. Today, Rebecca has sole custody, while Jonathan has visitation scheduled for every other weekend and Thursday nights.

Ambassadors from the U.S. and several other countries are urging Japan to reconsider their current child custody laws and sign a global treaty on international child abductions.

Under Japan’s current laws, only one parent is awarded custody in a divorce, virtually cutting the other parent out of the child’s life until the child reaches adulthood. The U.S. and ambassadors from Australia, Canada, Britain, France, New Zealand, and Spain are asking the Japanese to allow foreign parents to visit their children when their children are brought to Japan from the their native country.

The issue garnered national attention last year when Christopher Savoie flew to Japan to get his two children back after his ex-wife took them from their home in Tennessee and brought them to her native Japan, despite a U.S. court order prohibiting such action. While Savoie was in Japan he was arrested for trying to take his children back to America. Why? Because Japan does not recognize U.S. child custody orders, and in their eyes the mother is the Savoie children’s rightful guardian.  

The ambassadors are now asking Japanese Foreign Minister Katsuya Okada to discuss the issue and sign the Hague Convention on International Child Abduction.  According to an article from the Associated Press, the Japanese foreign ministry is working towards a resolution.

If you are involved in a  child custody dispute, whether it be a domestic dispute or an international dispute, Riverside child law attorney Michael R. Young can help. Mr. Young has experience representing both parties in a custody dispute, and can ensure your rights and best interests are protected. To learn more, contact the Law Office of Michael R. Young today by calling (866) 902-5290.

A child custody case out of Santa Cruz, California is shedding light on what could be a major issue for gay and lesbian couples who have children together.

Kim T. Smith is suing her former partner, Maggie Quale, for joint custody of their twin boys. 

When Smith and Quale decided they wanted to raise children together, Quale was artificially inseminated with sperm provided by a sperm donor. But after Smith and Quale ended their relationship, Quale began dating Shawn Wallace, the sperm donor and biological father of Quale and Smith’s sons.

Quale is arguing that she and Wallace should be able to fully parent the children together.

Although Quale and Smith never registered as domestic partners, both of their names are listed as the parents on the boys’ birth certificates.

Smith’s attorney, Deborah Wald, says this case is one of the first of its kind, stating that she has never heard of a case in which the biological mother tried to sub in the biological father after a breakup from a lesbian partner. Wald also believes that if Smith loses her custody rights, the case could set a dangerous precedent for other lesbian couples who have used a sperm donor to have children.

However, Quale’s attorney, Darlene Kemp, maintains that this case has nothing to do with gay or lesbian rights, but rather that her client doesn’t think Smith “meets the criteria of a presumed parent.”

A hearing is scheduled for Jan. 29.

Any time children are involved in a divorce or separation it is best to consult an attorney who has experience in child law. 

The Law Office of Michael R. Young has experience in multiple areas of child law, including:

• Child custody & visitation
• Child support
• Paternity

Any legal issue involving children can quickly become contested, and naturally so.  Emotions are running high, both parties may be tired or stressed out, and any arguing or fighting will only enhance an already difficult transition. While it’s not uncommon for parents to argue or disagree over child custody, visitation, and/or child support, there are ways in which an experienced Riverside child law attorney, like myself, can help you resolve these issues with minimal conflict.  Studies have shown that no-conflict or low-conflict divorces are much better for the child’s well-being.  In fact, some studies have suggested that there is no reason why a child cannot successfully adapt to having divorced parents.  Children tend to experience emotional or behavioral problems when they are exposed to fighting, arguing, and/or name calling.

When children are involved, one of the most important issues to resolve during a divorce is child custody and visitation.  Below are some brief descriptions detailing the different types of custody arrangements that can be applied:

Physical Custody:  Physical custody refers to which parent the child lives with.  Physical custody can be shared, which means the child spends time living with both parents, or physical custody can be granted to only one parent, referred to as sole custody.

Legal Custody:  Legal custody refers to the right to make legal decisions on behalf of the child. The parent with legal custody has the right to make decisions in regards to the child’s education, healthcare, religion, etc.  Like physical custody, legal custody can be awarded to both parents (shared custody) or to just one parent (sole custody).

Visitation Rights:  When one parent is awarded sole physical custody, the other spouse is often awarded visitation rights.  A visitation schedule will be created that details what days the non-custodial parent will visit the children, as well as for how long the visits are set to last.  Parents can change a visitation schedule without notifying the court as long as both parents are happy with any new arrangement that is made.

Experienced Riverside Child Custody Attorney

When determining a child custody arrangement, the judge will act in the best interest of the child.  It is important during a divorce or separation to have an experienced child custody attorney working on your behalf who can protect your rights and help explain to the judge why you deserve to be awarded custody and/or visitation rights.  In most cases, the judge will split custody evenly, as that is usually what serves the child’s interest best.  However, there are situations in which the judge may find it necessary to award custody to just one parent.

To speak with an experienced Riverside child custody lawyer who can competently represent you throughout the divorce process, please do not hesitate to contact the Law Office of Michael R. Young today!

 If you are divorced or legally separated, the judge will have issued a variety of court orders before your divorce or separation was finalized.  This might include a child support order, a child custody order, a visitation order, a spousal support order, etc.  These orders detail each party’s responsibilities under the order.  For example, a child support order will detail which parent is responsible for paying support to the other parent and how much the payments will be.  A child custody order will detail the physical and legal custody arrangement between the parents, as well as the visitation schedule if one parent is awarded sole physical custody.

When one of the parties fails to abide by his or her responsibilities listed in the court order, the other party can seek an enforcement of the order from the court.  If you need help seeking an enforcement of a court order, please do not hesitate to contact the Law Office Michael R. Young at your earliest convenience.  As an experienced Riverside family law attorney, I have helped countless clients throughout Riverside, San Bernardino, and the Inland Empire seek an enforcement, and can provide you with the guidance and legal representation you need to increase your chances of success. Many of my clients have found enforcements to be an invaluable tool. As you can imagine, when one party fails to pay child support or spousal support, or fails to follow the terms of the child custody arrangement, it can be very frustrating.  Many of my clients tell me they feel they stuck, like they have no options and there is nothing they can do to get the other party to comply with the order.  By requesting an enforcement, you can get the court involved to ensure the other party complies with their responsibilities listed in the order.

If you are interested in learning more about enforcements, please do not hesitate to contact the Law Office of Michael R. Young today!