January 2013

Deion Sanders custody decision seen as fathers’ rights win

Massachusetts sports fans may be aware of the custody battle waged between football star Deion Sanders and his estranged wife, Pilar. The former couple has been at odds with one another for months concerning the care and custody of their three children, as well as details of their divorce. A recent court decision in the matter is being heralded as a major victory for fathers’ rights. The pair went before a family court judge to argue for the right to parent their three children in the manner each saw fit. After hearing testimony and reviewing evidence in the case, the judge made a ruling that divides parenting duties between the parties. The ruling grants both parents shared/joint custody of the three children. All three are to rotate between the two households on a weekly basis, whereas the previous arrangement placed the two boys in Deion’s care and the daughter in the care of her mother. Deion will retain the right to make all educational decisions, and will also have control of decisions involving their athletic pursuits. More importantly, Deion will have the right to determine their place of residence, which can be significant in any future hearings on the matter. This case demonstrates that family court judges in Massachusetts and elsewhere have a great deal of leeway in making determinations involving child custody. As long as the best interests of the child or children at the center of a custody dispute are being served, a judge can order a wide

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International divorce can complicate property division issues

Massachusetts couples in which one or more parties hold dual citizenship status may find a recent report of interest. The piece outlines some of the difficulties that can arise when dual citizenship enters into play in a divorce proceeding. The introduction of multiple jurisdictions can seriously complicate a divorce, including issues of child custody and property division. For such couples, understanding these issues can help prevent an unfair advantage for one party if a divorce is on the horizon. The primary issue in these types of cases involves the proper jurisdiction in which the divorce will take place. In the vast majority of cases, the nation in which the couple resides at the time a divorce is initiated is the one that holds jurisdiction in the matter. This means that the laws and procedures in place within that nation will be the ones used to determine the details of the divorce. For couples in countries in which women have very few rights, the outcome of a divorce could be a drastically unfair division of property which could leave the wife with virtually nothing. On the other hand, if a divorce takes place in a country in which the assumption is that children are always better cared for by the mother, a husband could find himself with very little legal access to his children following a divorce and custody proceeding. Other concerns include the likelihood that another country will cooperate with the return of a child to the United States in

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Daughter returned in emotional fathers’ rights case

The majority of child custody cases in Massachusetts and elsewhere center on two parents struggling over the care and control of their shared children. Family courts see a wide range of custody issues, however, and one recent case demonstrates an unusual scenario. The outcome is being viewed as a significant win for fathers’ rights. The case involves a father whose child was adopted without his knowledge or consent. The man is a drill sergeant in the United States Army, and was transferred out-of-state just before his wife was scheduled to give birth to their first child. His wife, however, had different plans, and arranged to put the child up for adoption just days after her husband left the state. She told the adoption agency that her husband had abandoned the family and had no interest in their child. The adoption agency located an adoptive family and placed the child. When the father found out what had happened to his child in June 2011, he contacted the adoption agency and demanded that his child be returned to him. The agency chose to ignore his complaint, and proceeded to finalize the adoption. The father filed for child custody, and in a recent hearing a family court judge ruled that the child must be returned to her father by Jan. 16. While this case is unusual, it does serve as a reminder of the importance of taking immediate and aggressive legal action when one’s parental rights are threatened, in Massachusetts and elsewhere. This

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Same-sex couple struggles to divorce, hits legal roadblock

Virtually all of America has become embroiled in the debate over the rights of same-sex couples to marry. When considering the issue, the focus is on the rights of people who love one another to form legally binding family units that share the same rights enjoyed by heterosexual couples. It is often forgotten that other legal rights are also connected to the right to marry in Massachusetts, namely, the right to divorce. When a same-sex marriage is solidified in one state, and the couple chooses to reside in a different state, the divorce process can become complicated. That is because states that do not recognize same-sex marriages have no legal basis to issue same-sex divorces. This scenario is currently being played out in a widely covered divorce case involving a transgendered man and his wife. The couple made the news previously due to the fact that the husband, who has undergone hormone therapy and has had his driver’s license changed to reflect his status as a male, made the decision to give birth to the couple’s three children. Multiple television appearances and a book deal followed. When the couple decided to divorce, they encountered difficulty when the family court judge raised questions about the nature of their marriage. At issue in the case is whether the husband is to be legally considered a man or a woman. The issue is further clouded, at least in the mind of the judge, by the fact that the husband has gestated three children

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Custody rights affected by choice of venue

When a Massachusetts couple divorces, child custody issues often sit at the top of the list of priorities, and for good reason. Hammering out the details of who will hold legal and physical custody of shared children is an important consideration when a family is divided, and can lead to a great deal of strife concerning custody rights during divorce. However, in an ironic twist, some of the most devastating child custody fights can come from a divorce that was amicable and relatively easy. When a couple goes through a simple and cooperative divorce, it can seem as if child custody matters will not become an issue. The parties might agree between themselves that the child or children are best cared for by one parent, with the other remaining involved through frequent visits. This scenario may even play out amicably for years. However, if one party changes their mind and brings a child custody action against the other, the status quo can be drastically altered, and the children can suffer. One example might be when parents divorce and the noncustodial parent moves to another state. After a number of years, he or she might remarry and wish to have the child live with them. During a visit, that parent could begin a child custody action in his or her state of residence, and ask that the child not be permitted to leave the state until the case is resolved. While the other parent would still be able to visit with

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