Posts Tagged ‘Mississippi Child Custody Dispute Lawyer’

Mississippi Child Custody Dispute Lawyer Discusses the Latest Developments in Kelly Rutherford’s Custody Battle

Sunday, August 30th, 2015

The bitter custody battle between Gossip Girl actress Kelly Rutherford and her ex-husband Daniel Giersch has taken yet another turn. The couple first filed for divorce six years ago, and both parents were to share custody of their children. That may be changing, as a judge in New York has recently ordered the couple’s children to be returned to Giersch, who lives in Monaco, following an emergency motion that he had filed alleging that he did not know where the children were. Rutherford claims that Giersch did in fact know that the children were with her in New York, and that he had been in contact with them throughout their time with her.

The international nature of this case has created a great deal of difficulty for the parties. Rutherford is an American citizen, as are the couple’s children, who are currently six and eight years old. There are questions regarding whether Giersch, who lives in Monaco, is permitted to be in the United States. His United States Visa has been revoked, but Rutherford claims that Giersch is a German citizen who has a German passport which he could use to visit the United States. It appears, however, that Giersch is not allowed in the United States, and so in order for the children to have frequent contact with both parents, the New York court has said that they must go to Monaco.

The couple’s children have been through a few different custody arrangements over the past six years. As noted earlier, when the couple first filed for divorce, custody was to be shared. When Giersch’s United States Visa was revoked, a California judge ruled that the children should leave the United States to live with their father on a temporary basis. The children remained United States citizens and habitual residents at that point in time. Rutherford asserts that according to the California court order, no other country was to declare the couple’s children citizens or habitual residents, and that Giersch was supposed to work out the issues with his Visa in order to regain the ability to enter the United States. The issues with Giersch’s United States Visa have not yet been resolved, and he resides in France and Monaco. He has filed paperwork in Monaco seeking custody of his children.

In addition to international issues, there are jurisdictional issues that make this case very complicated. California courts now claim that they do not have jurisdiction over the case, even though they have issues rulings in the case in the past. Monaco has asserted jurisdiction. Rutherford lives in New York, and the more recent events in this case have taken place in New York and in the New York courts.

Whether or not jurisdictional and international issues are part of your Mississippi child custody case, Mississippi Child Custody Dispute Attorney Matthew S. Poole is here to help you. Please call our office today, at (601) 573-7429, to set up a free consultation.

 

Mississippi Child Custody Dispute Lawyer Talks about the Nationwide Shift towards Shared Parenting

Friday, August 21st, 2015

A hearing that was recently held at the State House in Massachusetts during which fathers shared details of their family lives following their divorces is representative of similar hearings that are taking place in state houses across America. At the hearings, parents, especially fathers, are advocating for legislative changes that will promote and shared parenting. Some states have already enacted legislation that favors shared parenting over other types of custody arrangements, and approximately twenty states are currently considering such legislation.

One of the main reasons why states are feeling the need to reexamine their child custody laws is that parental roles have changed. Some child custody laws have been on the books for a long time, and family life has changed a great deal since the laws were enacted. For example, approximately seventy percent of women work outside of the home, and fathers are more involved in the day to day care of their children than they have ever been, with some dads even choosing the role of stay-at-home dad.

Another reason why a move towards legislation that favors shared parenting makes good sense is that it can shorten the length of custody cases and in doing so reduce legal fees for parents. Perhaps the most compelling reason for states to support courts ordering shared parenting whenever possible is that it works well for children. Research, including a study published in the Journal of Epidemiology and Community Health, shows that children living in shared custody arrangements exhibited fewer psychosomatic issues than those living in a situation where one parent has custody and the other has visitation.

It is important to note that there are concerns over what forms legislation supporting shared custody will take. For example, if legislation is passed which mandates shared custody that could overstep the courts’ authority to make decisions that are in the best interest of the children. Legislation that promotes shared custody must contain some type of acknowledgement that there are situations, such as those where parents simply cannot make it work or where domestic violence is a factor, where shared custody does not serve the best interest of the children.

Some of the ways that proposed legislation in various states would support shared parenting include specifying a minimum percentage of time that a child would spend with a parent, encouraging compliance with court-ordered or court-approved parenting plans, and discouraging noncompliance with court-ordered or court-approved parenting plans or lack of cooperation with the other parent through the use of sanctions.

Shared custody works well for many families, and it might be right for your family, too. A Mississippi Child Custody Dispute Lawyer can help you find all of the information that you need to make important decisions for your family, including information about whether shared custody could benefit you and your family. If you have questions about a child custody matter, Mississippi Child Custody Attorney Matthew S. Poole may be able to help you. Please call our office today, at (601) 573-7429.