Custody Battles of the Rich and Famous - Why Should We Care?

Most of the time I roll my eyes when entertainment commentators feel the need to report on celebrity divorces, property disputes, and custody issues since Hollywood is so far removed from the reality of the average person. 

Recently, Christie Brinkley's divorce trial has been receiving lots of media attention.  Since coverage spotlighted the use of a child psychologist in making a custody recommendation to the court, this may be somewhat instructive on the role of experts in custody cases.  For more information on the divorce and custody dispute, visit Newsday.com

Seizure of Children from Yearning for Zion Ranch

Since the Third Court of Appeals in Austin, Texas released its opinion May 22nd the news media has been blasting non-stop.  Rather than limiting your perspective to what the commentators tell you, why not read the opinion for yourself? 

Texas Public Policy and Child Conservatorship

In Texas public policy dictates that children should have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and provide a safe, stable and non-violent environment for the child. Further, it is the policy of this state to encourage parents to share in the rights and duties of raising their children – even after the parents have separated or dissolved their marriage. 

Joint Managing Conservatorship - What is It?

Section 101.016 of the Texas Family Code defines “Joint Managing Conservatorship” as the sharing of the rights and duties of a parent by two parties, ordinarily parents, even if the exclusive right to make certain decisions may be awarded to one party.

Under Texas law it is presumed that the best interests of a child is served if the parents are appointed Joint Managing Conservators (JMCs) so long as doing so would not significantly impair the child’s physical health or emotional well-being. For instance, if a court finds that one of the spouses has a history of domestic violence, then the JMC presumption would be rebutted.

Even though Texas courts generally award joint managing conservatorship, one parent over the other is usually given the primary right to designate the child’s residence based on a geographic restriction, such as Harris County and the surrounding contiguous counties. 

Powers and Duties of the Attorney Ad Litem

After the ad litem is appointed by the court, he/she is required by statute to: (1) interview the child in a developmentally appropriate manner if the child is four years old or older; (2) interview each person who has significant knowledge of the child’s history and condition; (3) investigate the facts of the case to the extent the attorney ad litem deems appropriate; (4) obtain and review copies of relevant records pertaining to the child; (5) participate in the litigation as the other attorneys do; (6) take any action consistent with the child’s interests that considers necessary to expedite the proceedings; and, (7) encourage settlement and the use of dispute resolution. 

Additional duties of the ad litem include eliciting the child’s goals of representation, advising the child, provide guidance to the child, and represent the child’s expressed objectives if the ad litem determines that the child is competent. 

What is an ad litem attorney?

In divorce cases where the parents cannot come to an agreement over custody issues, the court often appoints an attorney to represent the child. When parents are in turmoil, sometimes they are unable to put aside personal differences.  The court appoints an ad litem to provide legal services to the child, and the ad litem has the duties of undivided loyalty, confidentiality, and competent representation. 

An ad litem attorney usually charges the same or similar hourly rates as the attorney for each parent. When the court must appoint an ad litem, the parties are required to pay the costs for this representation. In the Houston area, the cost for this attorney could be anywhere from $1,500 to $5,000 depending on the complexity of the custody case. In very limited circumstances, ad litem attorneys are available through volunteer organizations. 

What is a Parenting Coordinator?

In some divorce cases, even after the divorce decree is signed, high levels of conflict and animosity remain between the parents. These are the parties who cannot seem to stay off the court’s docket and continue to seek official intervention for all kinds of matters even after the case is closed. Unfortunately, legal pleadings, motions and hearings will do nothing to solve the underlying problems. 

Where such circumstances exist, the court on its own motion, or on the motion of one the parties may, appoint a parenting coordinator. The parenting coordinator is an individual who serves as a non-judicial referee between the parties and acts as a third party neutral. This concept is similar to mediation. He/She will meet with each parent individually and the children (if age appropriate) before attempting to work with the parties to fashion a solution. 

A parenting coordinator is usually trained in family dynamics, mental health, children’s issues, adolescent issues, and communications. The coordinator’s job is to assist the parties come to an agreement.   A parenting coordinator’s recommendations are not final or binding until both parties and the court accept the agreement. The costs for a parenting coordinator ranges based on the individual’s education and level of experience, but it is certainly less expensive than an endless barrage of motions and attorney’s fees.

Keeping Family Time Straight -- Even When Families Are Split

Juggling home, work, and children’s school and outside activities can be challenging even for the nuclear family, but trying to manage as a divorced family imposes even more difficulties – especially in terms of communications where relationships are strained.

Keeping a family calendar is an excellent way to keep organized. The same tool can be even more beneficial for families in transition. 

On-line resources may provide assistance to keep everything straight. 

www.sharekids.com

www.calendar.yahoo.com

Consequences of Parental Alienation

During the divorce process, parents often find themselves at odds over numerous issues. Unfortunately, many children find themselves in the middle of a war zone. This is precisely why standard injunctions included temporary orders specifically forbid the parents from making disparaging remarks about the other parent in the presence of the children, or within earshot of the children. 

Courts and family law judges are sensitive to the best interest of the children, which does not include the exposure to derogatory statements about either parent, or other family members. Judges tend to be very protective of children during this process, and if the court finds evidence of deliberate efforts by either parent to alienate the children from the other parent, there can be serious consequences up to and including jail time. Court orders have teeth, and family judges have been known to bite when parents are behaving badly. 

Examples of deliberate parental alienation include: preventing the children from spending time with the other parent; urging the children to disrespect the other parent; making comments in front of or near the children that would cause the children to lose respect for the other parent; name calling; instigating arguments in front of the children; and subtle behaviors such as throwing away an otherwise appropriate gift the parent gives a child. 

Tensions run high during divorce, and these tensions can continue even after the divorce is final. If you have children, learning to co-parent with your Ex is crucial to the well-being of your children. Even if Mom and Dad no longer live together, they never take off their team jerseys as parents.