Fathers’ Rights

Supreme Court to hear case on international custody rights

Child custody actions are among the most contentious and emotionally charged types of cases heard by family courts, in Massachusetts and elsewhere. When those cases involve an international custody rights twist, the legalities become far more complicated, and many would argue that the stakes are higher for the parent who faces being left behind when a child relocates abroad. One such case is now before the U.S. Supreme Court, and the outcome will clarify the ability of courts in our country to hear appeals in cases in which the child is no longer on American soil. The case centers on an American father who is a member of the U.S. Army. He met and married a Scottish woman, and the two had a daughter together. Their marriage has a troubled history, and they are moving toward a divorce. They have also been struggling in court over the care and custody of their little girl. In Oct. 2011, a judge ruled that the child be returned to her mother’s care in Scotland. The father had asked that he retain custody of the child in the U.S., but the court ruled that he failed to prove that the child was a habitual resident of the United States. The father appealed that decision, but his appeal was dismissed on the grounds that the U.S. courts lack the ability to rule on an appeal that was entered after the child has left the country. As this case moves forward, the Supreme Court will consider

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Illegal immigrants face the risk of losing custody rights

Immigrants come to American for a wide range of reasons, many of which are not so different from those that brought our own ancestors to these shores. Employment opportunities, freedom from religious persecution and participation in an established economic system are all motivating factors that prompt a steady flow of immigrants, both legal and illegal, to settle in Massachusetts and other states. However, for those who have their families while in our country, their custody rights could be called into question. A recent child custody case illuminates the unique challenges facing parents who are also illegal aliens. A Mexican father has been involved in a lengthy court battle to regain his custody rights to his three young sons. Following his deportation in 2010, the boys were in the care of their mother, and American citizen. However, when she was deemed unfit to raise the children, they were removed from the home and placed in foster care. He has been fighting to get them back ever since. A judge recently ruled that the father is to be reunited with his boys. They will remain in the country for a short time, after which the court will make a final determination in regard to his parental rights. He is hoping to return to his family home with his sons, and raise them with the help of his extended family in Mexico. As this case demonstrates, foreign nationals who face challenges to their custody rights often fight an uphill battle. Unfamiliarity with the

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The holidays can lead to co-parenting challenges

When families are divided by separation or divorce, parents often struggle over the care and custody of their children. Many custody issues will be worked out during the divorce or child custody proceedings, but reaching an agreement does not always mean that the terms will remain acceptable over time. The holidays often bring out or heighten existing disputes over custody, and can lead Massachusetts parents to struggle and fight over custody rights as they pertain to holiday celebrations. There are a number of ways to handle the holidays when multiple families are involved. In the most cooperative of cases, families are able to celebrate at least part of the holiday together, in much the same way that holidays were handled while the family was intact. This can even include the participation of both extended families. This type of arrangement, however, is rare. More often, the holidays will be divided between parties, with children shuttled back and forth between multiple households. This can be a stressful time for children, and can alter the way that they feel about the holiday season. Parents should try to work together to determine a holiday schedule that puts the needs of the child or children at the forefront. Unfortunately, in many cases existing tensions and old resentments between parents prevent this type of collaborative approach. In such circumstances, it may be advisable to approach a family court to have the holiday schedule determined or augmented. Courts in Massachusetts and elsewhere are willing to consider custody

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Celebrity custody relocation ruling a win for fathers’ rights

In Massachusetts and across the nation, men continue to struggle with issues related to the care and custody of their children. Although the American legal system has come a long way in recognizing the essential role that men play in the lives of their children, many fathers still face an uphill battle in family court. One recent celebrity fathers’ rights case is making headlines, and represents a legal scenario that many fathers face. Movie star Halle Berry and former partner Gabriel Aubry recently ended a long and contentious custody battle over their 4-year-old daughter. That fight flared up again when Berry asked the court for permission to relocate with her daughter to France. The actress argued that she and her child would be safer in France due to the fact that two men who had stalked and threatened her are now free. Aubry argued that such a move would lead him to have limited access to his daughter. He stated that Berry’s intent was to estrange the two. A judge agreed with Aubry, denying the motion and putting a stop to the move. There is no word on whether the actress plans to appeal the ruling. Many Massachusetts parents face similar circumstances, although often to less glamorous locations. When a custodial parent wishes to move a child or children out of the area where the other parent resides, the issue can often lead the former couple back to family court. This scenario is not uncommon, and is a serious issue

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Mobile DNA testing service could assist in paternity claims

Many men, in Massachusetts and beyond, have doubts concerning the paternity of their children. In the past, DNA testing was either not readily available or was prohibitively expensive, leaving many men with little recourse other than to simply wonder. However, one business innovator has created a mobile DNA testing service that could assist men in ascertaining the validity of paternity claims. The man behind the service is the owner of a DNA and drug testing clinic. He decided to expand his business by outfitting an RV to serve as a mobile testing unit. The side of the vehicle is emblazoned with ‘Who’s Your Daddy’ in eye-catching lettering. Because technology has advanced so rapidly in the field of genetics, DNA testing services can be obtained for as little as $299. For many purported fathers, this is well worth the value of certainty when it comes to paternity. In addition, having the service available in such a quick and convenient manner allows the fathers of very young children to obtain a DNA screening with a high degree of confidentiality. For those Massachusetts men who find that they are not in fact the fathers of the child or children in question, an informed decision can be made concerning any paternity claims made by the mother. If an existing child support order is in place and the man wishes to challenge it, having proof that one is not genetically linked to a child is the first step in that process. No matter the outcome

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Shared custody options abound for divorcing fathers

When a marriage becomes unsalvageable, many Massachusetts fathers put off talk of divorce for as long as possible. Fears of losing time spent with their children lead many to remain in unhappy unions for far too long. For those who are considering divorce or are in the early stages of a split, it is important to know that divorce does not have to sever the relationship between father and child. A wide range of shared custody arrangements exist that can ensure a father remains an integral part of the lives of their children. While it can be argued that no child custody arrangement is truly 50/50, there are many variations of shared custody that can fairly divide time spent between households. The first step toward a successful shared custody arrangement is taking the time to work together with your spouse to iron out the details of the new breakdown of parenting time. In some circumstances, parents will reside close enough that their child or children can move easily between the two households. Other families may find that the children benefit from remaining with one parent throughout the week when school is in session, then segueing into more time with the other parent during summers and holidays. In addition to physical custody, parents can also divide the decision-making tasks associated with parenthood. Perhaps one parent is better equipped to handle educational decisions and college plans, while the other wishes to make all medical decisions and handle disciplinary matters. The most important

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Fathers’ rights issue in “Housewives” custody case

The American judicial system has come a long way in recognizing the importance of fathers in the lives of their children. Many states have laws that recognize that mothers are not always the better parent simply due to gender, and that they should not have an automatic advantage in child custody cases. However, there is still a lag between the increasingly involved roles that many American fathers play in the lives of their children and the manner in which the courts, including those in Massachusetts, award custody and visitation. A recent celebrity case exemplifies the uphill battle that men still face in regard to fathers’ rights. In the bitter divorce between ‘Real Housewives of Beverly Hills’ star Adrienne Maloof and husband Paul Nassif, child custody has become a contentious issue. A judge recently ruled that Nassif’s access to his children be restricted to supervised visitation. This decision is the result of a temporary restraining order that Maloof obtained against her estranged husband, claiming that he is abusive toward their three sons. It is reported that the Department of Children and Family Services determined that there was no abuse. When the safety and welfare of children are concerned, courts in Massachusetts and elsewhere err on the side of caution, and rightfully so. In this case, Maloof has also stated that her husband carries a gun in his briefcase, leading the judge to order that the weapon be turned over to authorities. In the end, no one except the two halves of

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Technology can lead to challenges to fathers’ rights

With the advent of ever more sophisticated forms of technology, keeping in touch has never been easier. Whether you use email, text messaging, online scheduling or social media, staying in touch takes far different forms today than in years past. For Massachusetts couples who divorce or separate, issues of child custody can be made much smoother by choosing a remote form of communication, especially when parents cannot get along in person. However, when one parent chooses to use technology as a weapon, it can cause significant problems for the relationship between the child and the other parent. Many who support fathers’ rights see potential problems with relying on technology to have access to one’s child. A recent study looked into the ways that divorced couples use technology in regard to child custody issues. Researchers discovered that when former spouses maintained a positive relationship, technology was used to facilitate custody exchanges, keep both parents in the loop regarding the child’s activities, and make sure that both parents stayed on the same page in regard to the kids’ schedules. However, when parents did not enjoy an amicable relationship, technology was often used by one parent to limit the other’s access to the child. By simply avoiding answering text messages and email, some parents seek to limit the amount of time that the other parent has with the child. In some cases, parents admitted to pretending that they never received email. This type of behavior not only brings further tension between the parents,

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