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Child Custody Archives

US rep moves to block rapists from child custody

A U.S. Congresswoman from southern Florida introduced legislation that she claims will protect rape survivors from further abuse by their rapists in July, and following its approval in her home state, she is currently encouraging other states to adopt the act. She proposed that in situations in which a pregnancy occurs from a rape, full child custody should automatically go to the mother.

In Florida, fathers have no rights to children born of rape

On April 30, the Florida legislature unanimously passed a bill that would prevent a convicted rapist from exercising any custody rights over a child that is born as a result of the sexual assault committed upon the child's mother. The bill previously passed the Senate. It will be presented to Governor Christie for a signature prior to becoming law.

Disabled parents are losing custody of their children

When Congress passed the Americans with Disabilities Act, the intent was to protect people with mental and physical disabilities. However, parents with disabilities face a legal quagmire when it comes to retaining child custody. Many states have laws regarding the ability to care for a child if one is disability. The criteria various but, in general, the law allows for removal of the children from their home or outright termination parental rights. To add to the worries, every state allows disability to be factored into deciding custody issues. Sometimes, disease can be considered a disability. One mom from North Carolina believes her advanced breast cancer played a role in her ex-husband gaining custody of her children. She waged a Facebook war to raise awareness for parents in similar situations.

The kids are alright

The holiday season often prompts us to look back at the year and try to figure out how it all went. For newly-divorced fathers, and even some who have been out of their marriage for years, wondering how the children are doing with their new lives might be a source of anxiety. Divorce is rarely easy and many fathers worry that the "I'm fine, dad" response to questions about home life and school life aren't telling the whole story. Some reassuring words from life-after-divorce columnist Erin Mantz sheds new light on why sharing custody of the children may not be so bad.

Dual citizenship doubles the stress of a divorce

If the divorce process is like climbing a mountain, getting a divorce in another country is like scaling Mount Everest. When one of the partners has dual citizenship and is living outside the United States, the cost and time increase exponentially. The American Academy of Matrimonial Lawyers doesn't have an exact count of two-country divorces but the evidence suggests the number is growing. Overseas courts are often a complete mystery especially when trying to resolve child custody, asset division, and visitation issues.

What do family court judges want?

"Trepidation" probably best describes the feelings of a couple about to go to court for a child custody hearing. Even though your attorney has the case sewn up tight, it is hard not to wonder how the judge is going to approach the questions about where the children will live, what the visitation rules will be, and all the rest. The experts say the two most important considerations will be the status quo and what is in the best interest of the children.