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| September 05, 2010 |
| Actor Charged with Attempted Murder after Child Custody Battle Raged On |
| Posted By Ellerin Hutchinson |
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In California, Shelley Mathew Malil, who worked alongside actor Steve Carell in the hit comedy "The 40-Year-Old Virgin" is on trial for stabbing his ex-girlfriend, Kenra Beebe, more than 20 times.
If he is convicted, the 45-year-old will face a possible life sentence for attempted murder charges. However, his defense attorneys called into question Beebe's credibility on the witness stand during a recent cross examination.
The attorneys representing him say the previous incident where Beebe lied in a disposition related to her divorce and also her child custody battle. They say she lied after taking her children on an unauthorized trip outside of the country.
While on the stand, Beebe admitted to deceit and said she took her kids on vacation in the country of Mexico even though she was instructed by the court to keep the children within the borders of San Diego County.
She said, 'I admit that'a a lie and I'm absolutely sorry about that." She then went on to state, "But it has nothing to do with me getting stabbed 25 times that night."
Malil stands accused of showing up at his former girlfriend's apartment two years ago and stabbing her without warning three times because she had been socializing with another man. It is alleged that he chased her through the resident with a butcher knife and stabbed her until she collapsed on the front porch and a neighbor became involved.
Going through a tough child custody battle? Get the legal help you need today by contacting our practice and discussing your case with a Jacksonville family lawyer.
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| August 19, 2010 |
| Kelsey Grammer's Wife COuld get $42 Million for Divorce |
| Posted By Ellerin Hutchinson |
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Recently, it was announced that Kelsey Grammer's wife could get a $42 million divorce payout. It is said that Camille Donatacci could be awarded a huge sum due to the fact that she owns half of Frasier star Kelsey's company, Grammnet Productions. The company is responsible for numerous television hits, including Medium, featuring Patricia Arquette.
A source close to the case told a newspaper, "Camille stands to get half of all syndication of Frasier made during the years they were married. That's seven years of episodes, as well as income from other shows the company made, including Medium and Girlfriends."
Grammer married his wife in 1997, four years after his hit show Frazier aired on television. Camille is a former Playboy model with two children, Mason Olivia and Jude Gordon. In July, the couple decided to file for divorce citing irreconcilable differences as the reason for the termination of their marriage.
Donatacci is seeking joint legal custody and primary physical custody of her children, as well as spousal support and child support. Grammer is reported to be worth $120 million.
If you are looking to secure help from a Jacksonville family lawyer, contact Ellerin Hutchinson now.
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| August 12, 2010 |
| Jon and Kate Gosselin Still Battle Child Custody Issues |
| Posted By Ellerin Hutchinson |
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While many papers and magazines are writing that a quiet settlement has been reached for reality TV stars Jon and Kate Gosselin, according to CNN it appears that such an agreement has yet to be found. Back in April, Jon filed for primary child custody, claiming that Kate was both abusing the current child custody terms and was absentee as a parent during her gig on the show "Dancing with the Stars."
Due to this, he was fighting to gain custody over all of the children. In conjunction with this paperwork, Jon also was looking to restructure his current child support payments which are said to be around $21,000 a month. While some are claiming they have reached a "highly exclusive" agreement, Mary Vidas, Jon's attorney, has said that such a settlement has not, in fact, been reached at all.
If you are in a situation where you are currently facing a contested divorce, an uncontested divorce, are looking to reach a successful agreement regarding alimony or spousal support, it is in your best interested to contact Ellerin Hutchinson as soon as possible. By working with an experienced Jacksonville family lawyer, you can be confident that your best interest is being looked after in every way possible. |
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| August 11, 2010 |
| Woman Can Move... If She Supplies Video Chat |
| Posted By Ellerin Hutchinson |
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It is being reported that after the dust cleared from a divorce, Debra Baker requested to move to Florida with her two children. She was granted the request, however, only after it was clear that if she moved she was responsible for financially making it possible for the children and their father to be able to communicate through video conferencing online.
The father, James, was opposed to the move, pleading with the court to not take his children away from him. He was denied the request, as the court found after losing her job, and losing their home to foreclosure, it wasn't feasible to expect Debra to take care of their children. With their new time sharing schedule, James is entitled to three hours per week of video chatting with his children.
Debra is now moving herself and their 9-year-old daughter and 6-year-old son to her parent's place of residence in Venice Beach, Florida.
If you or a loved one find themselves in a situation such as this, it is imperative that you get the help of an experienced Jacksonville family lawyer as soon as possible. By working with their clients and ensuring that they are treated with compassion and dedication, the right attorney will be able to ensure that you and your family are cared for to best of their ability. We understand the delicate nature of all types of issues involving family law and are completely devoted to giving you the legal support you need. Contact Ellerin Hutchinson today to receive your initial case consultation. |
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| August 06, 2010 |
| Florida Man Accused of Bigamy |
| Posted By Ellerin Hutchinson |
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In perhaps one of the oddest divorce stories of the year, a Florida man is currently facing accusations of bigamy for allegedly having two wives at the same time. John France, 62 years-old, married Lynn France on that coast of Italy in 2005 before moving back into their home in Westlake. John claims that when he looked into divorce in later years, he found that authorities never filed the papers and the marriage was not legitimate.
Lynn, however, has another story. She says that the marriage was perfectly fine and it was only through Facebook photos that she watched her husband's affair to Amanda Weisal France, 25-years-old, unfold. She had no idea he had married again until she logged on one day to find that the two had wed in a "fairy tale" wedding at Disney World. Beyond these charges, she is also charging John with taking their two sons away without permission, although he claims there was nothing illegal about it.
The two are now meeting in court, battling over the legitimacy of their marriage and child custody.
No matter the circumstances, no matter how confusing, unprecedented or daunting they may appear, it is imperative that when facing anything involving family law that you get the help of a skilled Jacksonville family lawyer as soon as possible. Contact Ellerin Hutchinson today to begin looking over your case and discussing the best strategy for your personal needs. |
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| July 29, 2010 |
| Child Custody isn't Always Awarded to the Mother |
| Posted By Ellerin Hutchinson |
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There are many people who assume that after a divorce or a legal separation, primary child custody will automatically be awarded to the mother. Yet, this is not the case in the state of Florida.
According to the family laws of the state, the court must give equal consideration to both the mother and father when reviewing a child custody case. Then, the court must make a decision that is in the best interests of the child involved.
In some cases, the court may rule that primary custody be awarded to the father or the mother. In others, the court may order that joint physical and legal custody be awarded. The decision of the court will depend upon the child's needs and other factors, such as the health of both parents and even the child's preference.
If you have questions about child custody in Florida, now is the perfect time to consult a Jacksonville family law attorney by contacting Ellerin & Hutchinson.
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| July 28, 2010 |
| Domestic Violence Revealed after Boy's Death |
| Posted By Ellerin Hutchinson |
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In Los Angeles, police say that they are investigating an 11 year old boy's suicide. They say that they did not learn key information about the boy's abusive stepfather until after the boy hung himself.
The Los Angeles Times reported that the investigators on the case lacked key information because of communication difficulties with the Department of Children and Family Services. On June 11th, workers came to the boy's home after he told a counselor at his school that he wanted to kill himself. Hours after their visit to the home, the boy was found dead.
After his suicide, investigators learned that the stepfather had a history of domestic violence and drug abuse. He answered the door when workers arrived to speak with the boy even though the court had banned him from living at the home.
If you are a victim of domestic violence, it is important that you speak with an attorney that handles family law cases. Domestic violence could impact the outcome of related family law matters, like divorce and child custody. To learn how a Jacksonville family lawyer can help you, contact Ellerin & Hutchinson today! |
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| July 15, 2010 |
| What is a Parenting Plan? |
| Posted By Ellerin Hutchinson |
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Anytime a couple decides to separate or divorce and children are involved, the parents will have to create what is called a "parenting plan". Essentially, a parenting plan is an agreement between both parents that, in the event that a conflict regarding child custody or visitation, presents solutions. By creating parenting plans, mothers and fathers are often able to avoid future arguments as the terms of visitation and child custody are clearly outlined.
Parenting plans usually address things such as:
§ physical custody and parenting time
§ who has decision making authority
§ how children will be transported and exchanged between parents
§ who will have the children during holidays and school breaks
§ payment of child support
§ how disputes will be resolved
§ healthcare for children
§ overnight visitation and general visitation
§ how decisions will be made about the children
§ how conflicts will be resolved
§ insurance for children
§ taxes and wills
Are you looking for assistance with modification of a parenting plan in Florida? A Jacksonville family lawyer from Ellerin & Hutchinson can help you. Contact us now!
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| June 22, 2010 |
| Dwayne Wade’s Divorce to be Finalized |
| Posted By Ellerin Hutchinson |
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This Friday, Dwayne Wade's divorce is expected to be finalized. Even though the divorce will at last be final, other family law matters between Wade and his soon-to-be ex are yet to be resolved.
News sources report that a Chicago judge ruled cause exists for a bifurcate judgment in Wade's case. This means that while the divorce will be granted by the court, separate legal battles will continue regarding child custody and property division.
In August 2007, the couple officially separated. They are expected to appear in court in July to resolve child custody matters. The couple has two sons, ages 8 and 3.
Also in July, Wade is expected to become a free agent, although he would like to still play for the Heat. It is said that he could be offered a contract worth $127 million.
If you need assistance with a divorce in Jacksonville, contact Ellerin Hutchinson and arrange to speak with a Jacksonville divorce attorney. |
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| June 14, 2010 |
| Mother Finds Kids on Facebook |
| Posted By Ellerin Hutchinson |
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Recently, a mother from the state of California was able to find her estranged children using the social networking site, Facebook. According to news sources, the missing children were living in Polk, Florida and had been abducted by their father when they were 2 and 3 years old. The mother, 43 year old Prince Sagala, looked up her daughter's name on Facebook and then began communicating with her.
The Associated Press said that, "Authorities tracked down the children, now 16 and 17, outside Orlando, Florida, and arrested their father, Faustino Fernandez Utrera, 42, on May 26. He faces kidnapping and child custody charges".
Now it is reported that Sagala is frantically trying to get child custody of her children before they turn 18. She fears losing them forever as they will be adults soon.
In 1995, Sagala came home to find that her children and her husband had disappeared. She and her husband were on the verge of divorce and family members told her that he had taken the kids to live in Mexico City.
At this time, the children are staying with a family friend in Florida as their father has been placed in jail.
Do you need assistance with a child custody matter in Jacksonville? If so, contact Ellerin Hutchinson to discuss your legal options with a Jacksonville family law attorney! |
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| June 10, 2010 |
| Jamie Spears Heads to Court to Discuss Custody of Britney’s Children |
| Posted By Ellerin Hutchinson |
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Recently, it is reported that Britney Spears' father (Jamie Spears) met with a Los Angeles County Superior Court judge. During the meeting, her father spoke with the judge about Britney's child custody matters. Britney has two sons with her ex-husband, Kevin Federline.
One publication reports that the meeting included Jamie's attorney and Britney's attorney, who acts as a co-conservator over the famous entertainer. When the meeting commenced, a child custody evaluation was filed. A child custody expert was also present to discuss Britney's mental health issues.
At this time, Federline currently has custody of both children. While Britney is under conservatorship, that arrangement is not expected to change.
Sources report that the attorneys scheduled another hearing in July 2010.
Are you dealing with a complicated child custody battle in Jacksonville? If so, it is in your best interests to discuss your case with a Jacksonville family law attorney. Do not hesitate to contact Ellerin & Hutchinson to get the representation and counsel you deserve for your family law matters. |
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| June 09, 2010 |
| Do You Need Help from a Divorce Attorney? |
| Posted By Ellerin Hutchinson |
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When people are about to file for divorce or are in the midst of a divorce, they often wonder if they should hire a divorce attorney. If this is a question that you are struggling with, ask yourself the following questions:
Do you know what paperwork you will have to fill out to initiate your divorce? If not, a Jacksonville divorce lawyer will surely come in handy as he or she will be able to take over this responsibility. A divorce lawyer can also make sure that paperwork is completed correctly and promptly.
Do you have kids and will child custody be an issue? Whenever spouses have children, it is always a wise idea to obtain the services of a divorce lawyer that protect relationships parents have with their kids.
Do you feel forced to agree with your spouse r even threatened? If you answered "yes", know that a divorce attorney can inform you of your rights and serve as your dedicated advocate. This means that your needs will be expressed as you will have a litigator on your side that is committed to making sure your wishes are met.
To learn how a Jacksonville divorce lawyer can help you, contact Ellerin & Hutchinson now! |
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| May 25, 2010 |
| Runaway Mom Going through Legal Separation |
| Posted By Ellerin Hutchinson |
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News sources are reporting that David Tehan has filed for legal separation from his wife, Tiffany Tehan. David is also seeking permanent child custody of their daughter Alexis, who is one year old.
David filed legal paperwork on May 7th and Tiffany was served on May 14th. In the paperwork, David says that Tiffany, "has been guilty of gross neglect of duty and the parties are incompatible."
On April 17th, Tiffany disappeared while going on a shopping trip. Her disappearance resulted in a national search involving the FBI. 31 year old Tiffany was later found with another person and told news sources that she left to start a new life with this other person. However, she started to miss her daughter so she came back.
At this time, David Tehan was granted a temporary restraining order which will prevent Tiffany from taking their daughter from the state of Ohio.
If you are going through a divorce or a legal separation in Jacksonville, now is the time to speak with a Jacksonville family law attorney at Ellerin Hutchinson. Contact us today to set up an initial consultation. |
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| May 19, 2010 |
| Mindy McCready Tries to Regain Child Custody |
| Posted By Ellerin Hutchinson |
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In Fort Myers, it is reported that Mindy McCready was in Lee County Family Court this week. The country western singer is alleged to have appeared in court to try to regain child custody of her son Zandler, who is 4 years old.
After the singer began to have issues with substance abuse, her son was taken away from her and placed with his grandmother, Gayle Inge. However, McCready's attorney recently motioned to reopen the case and Judge James Seals agreed to his motion.
According to reports, the Department of Children and Families will complete an investigation over the course of 45 days and then report its findings back to the court. The motion will not give McCready child custody at this time, but does allow her to have visits with her 4 year old.
If you need assistance with regaining custody of your children in Jacksonville, a Jacksonville family law attorney from Ellerin Hutchinson can serve as your most viable advocate. Contact Ellerin Hutchinson today to learn how we can help you continue your relationship with your children. |
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| May 12, 2010 |
| Types of Custody in Florida |
| Posted By Ellerin Hutchinson |
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The state of Florida recognizes four types of child custody and they are: legal custody, physical custody, joint custody and sole custody. Anytime two parents are trying to sort through child custody matters, it is important that both parents are aware of the different types of custody that may be awarded.
Sole custody occurs when one parent has complete legal and/or physical custody of a child. Anytime a parent is awarded sole custody, he/she is 100% responsible for his/her child. The child will usually live with the sole custodian and the custodian will be completely responsible for making decisions that pertain to the child's health, education and day-to-day well-being.
When joint custody is awarded, whether joint legal custody or joint physical custody, both parents will have equal responsibilities and the child may split his/her time between both parents' residences.
If you have questions about the different types of child custody arrangements in Florida, now is the time to speak with a Jacksonville family law attorney at Ellerin Hutchinson. Contact our firm to set up an initial child custody case evaluation today! |
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| March 25, 2010 |
| Jesse James May Be Sued for Child Custody |
| Posted By Ellerin Hutchinson |
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Several reports have surfaced that Jesse James’ ex-partner, porn star Janine Lindemulder, is planning to sue James for custody of their nine-year-old daughter Sunny.
James was awarded full custody of Sunny in a court ruling last year, and has been raising her with the help of his current wife, Actress Sandra Bullock. But after allegations were made that James had an extramarital affair with tattoo model Michelle McGee, Bullock left the family home. Although neither James nor Bullock have formally announced plans for a legal separation or divorce, Lindemulder is using this opportunity to fight back for custody of her daughter.
Lindemulder, who recently served six months in prison for tax evasion, claims the only reason James was awarded custody was because he and Bullock could provide her with a more stable environment than she could. But now that things are rocky in the Bullock/James home, Lindemulder feels she has grounds to regain her custody rights.
Experienced Child Custody Attorneys Serving Jacksonville
If you need help seeking custody of your children, or if your ex is trying to take custody away from you, a Jacksonville child custody lawyer at Ellerin Hutchinson can help.We have experience handling all types of child custody cases, and have represented clients on both sides of the dispute. Should you decide to work with our firm, you can trust your rights will protected and your goals will be aggressively pursued an effort to ensure your case results in an arrangement that meets your needs and satisfaction.
If you’re interested in learning more about our services, please contact our office to schedule a consultation by calling (904) 866-4489. |
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| March 18, 2010 |
| Tennessee Bill Proposes Splitting Custody Evenly |
| Posted By Ellerin Hutchinson |
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A proposed bill in Tennessee that calls to split child custody evenly in a contested divorce is receiving lots of attention.
In opposition to the bill are multiple women’s groups, some judges and the Tennessee Bar Association. Opponents fear the law would make divorces even more difficult to settle, and would give abusive ex-husbands leverage they shouldn’t have. Opponents also argue that dividing custody 50/50 may not be practical for the parents’ and the children’s schedules, and therefore would not be in the best interest of the children. On a similar note, it is not always in a child’s best interest to spend equal time with both parents, particularly when one parent works long hours, has an inappropriate lifestyle, or has a history of drug abuse, alcoholism, or domestic violence.
On the other hand are fathers’ rights advocates who say that many children these days are being deprived of full relationships with both parents. These groups claim the courts have a long history of favoring the mother when making a child custody decision, and are influenced by the traditional role women have play in the family dynamic. Advocates of the bill say it is a great way to ensure fathers are given equal rights and treatment when child custody arrangements are being made.
Although Florida does not have such a law, there are still plenty of child custody issues that may arise that require the attention of a trained family law attorney. Whether you have just filed for divorce or you and your spouse are already involved in a custody battle, an experienced Jacksonville child custody lawyer at Ellerin Hutchinson can help. Contact the office today at (904) 866-4489 to learn more about our qualifications, experience, and legal services. |
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| March 02, 2010 |
| Military Child Custody Bill Faces Opposition |
| Posted By Ellerin Hutchinson |
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A new child custody bill affecting military members is being received with mixed opinions.
HR 4469, sponsored by Rep. Michael Turner (R-Ohio), would prevent the courts from permanently changing an existing custody order while a service member is deployed overseas. The bill would also require any temporary changes to the custody order during a deployment to be reversed once the service member returns home. Furthermore, under the terms of the bill, the courts could not use deployment or a possible deployment against a service member when determining the best interest of a child.
Both the Veterans of Foreign War (VFW) and the members of the Iraq and Afghanistan Veterans of America (IAVA) strongly support the bill. Says Justin Brown of the VFW, “The VFW strongly believes that a service member’s duty should not reflect negatively on themselves for the sake of judicial proceedings that deal with something as serious as a permanent custody decision of a child.”
Brown went on to stay that although deployment is hard on the entire family, it is not the service member’s choice to go overseas, it’s the government’s decision which troops are deployed, and it’s wrong to punish the service members for something that is out of their control.
In opposition to this support, the American Bar Association says the bill is well-motivated but not well-considered. A spokesperson for the ABA says the bill could result in child custody cases being heard in federal court, as opposed to the state court, which could lead to some unintended consequences. The ABA suggests that Congress should leave the issue alone for now, as many states are working on amending their child custody laws, with at least 30 states having already passed some changes.
Are you an active member of the U.S. military? Are you worried about how your deployment will affect your child custody arrangement? A
Jacksonville military divorce lawyer at Ellerin Hutchinson can help. To schedule a consultation to discuss your situation, please call
(904) 866-4489.
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| February 22, 2010 |
| Gaining Custody & Visitation Rights After a Domestic Violence Conviction |
| Posted By Ellerin Hutchinson |
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Once a person has been convicted of domestic violence or abuse, it is usually very difficult to get
custody or visitation rights—difficult, but not impossible. The key to winning back your rights is by establishing that spending time with you is in the child’s best interest.
As with any issue involving children, the judge’s main concern is protecting the child’s best interests. Right now the judge considers you a threat to the child’s welfare and wellbeing. But if you can prove that you’ve changed and that it would benefit your child to see and spend time with you, may be able to convince the judge to award you limited custody and visitation rights. This might include short visits with your children in public places or supervised visitation.
A history of violence or abuse is something judges look for whenever they are considering a child custody and visitation arrangement. Those parents without a history of violent behavior will be given more rights to their children than those who have a history of abuse. That’s not to say a domestic violence arrest will squash a parent’s chances of obtaining custody or visitation, it’s just that the judge may choose to only grant limited access to the children.
If your child’s other parent has been awarded custody or visitation, and you think his or her abusive behavior makes them a threat to the child, you can ask the judge to reduce their rights or order supervised visits only. Judges are often willing to award supervised visitation, as children benefit from having relationships with both parents. There are times, however, when the abuse is so bad the child must have no contact with the parent.
If you have a question about your custody or visitation rights, or if you are trying to protect your child from an abusive parent, a
Jacksonville family law attorney at Ellerin Hutchinson can help. To schedule a consultation to discuss your case, click here to
fill out a case evaluation form or simply call the office at
(904) 866-4489.
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| February 11, 2010 |
| Canadian White Supremacist Loses Custody of Children |
| Posted By Ellerin Hutchinson |
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Here’s an interesting case out of Canada:
CTV, Canada’s largest private broadcaster, has reported that a man with ties to a white supremacist group has lost custody of his two children.
Child & Family Services was alerted in March 2008 when the man’s stepdaughter came to school with white supremacist markings drawn on her body.
The father petitioned to get custody of his young son and stepdaughter, but his application was dismissed. The judge presiding over the case decided the two children will become permanent wards of Child & Family Services.
The judge said her ruling was based on what is in the best interest of the children, rather than protecting the father’s freedom of expression. It was clear the girl was starting to hold the same views as her stepfather after a social worker testified that the girl said black people need to die. The judge felt the children have the right to be protected from the promotion of hatred against specific groups of people.
In making her ruling, the judge also took into account the father’s history of violence and drug and alcohol abuse.
The judge’s ruling isn’t permanent, and the man can re-apply for custody in a year’s time. But now the children’s mother, who it appears abandoned the children, said she wants to petition the court for custody.
The girl’s biological father is glad the judge took custody away from the stepfather, saying he had no grounds to pursue custody of his daughter. It was not mentioned whether or not the biological father plans to seek custody.
If you are involved in a
child custody dispute and need the assistance of a trained and experienced
Jacksonville child custody lawyer, please feel free to
contact Ellerin Hutchinson today to schedule a consultation to discuss your case!
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| February 02, 2010 |
| Brazilian Anchorman & NY Model Entangled in Custody Battle |
| Posted By Ellerin Hutchinson |
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A wealthy Brazilian anchorman and his model ex-wife are involved in the latest international custody battle to hit headlines. This one, however, is of a slightly different nature.
In essence, the bitter custody battle is a case of he said she said. Maria Vianna is claiming that her ex-husband, Rony Curvelo, planned to kidnap their 8-year-old daughter and take her to Haiti. Curvelo is insisting that Vianna is manipulating the legal system in order to gain custody of their daughter.
The issue was ignited by an email Curvelo mistakenly sent to Vianna. It was originally intended for his boss and was asking whether or not he should go to Haiti to cover the earthquake. Curvelo is the anchor of a 90-minute newscast in San Paulo. He previously worked for CNN and Telemundo.
According to Curvelo, Vianna misinterpreted that email and went to a New York judge claiming that Curvelo planned to abduct their daughter and take her to Haiti without getting her vaccinated. Vianna also claimed that her ex-husband wasn’t making their daughter’s tuition payments and that he wasn’t providing her with a Catholic education.
Curvelo maintains that Vianna’s accusations against him are complete nonsense. “How can I abduct her when she’s already living with me 300 days of the year?” asked Curvelo.
Since the couple divorced, Curvelo has had primary custody of the girl. Curvelo and his daughter live in San Paulo, Brazil, but she comes to New York twice a year for 30 days to spend time with her mother.
Judge sided with Vianna, granted her temporary custody of the girl. Curvelo believes his ex-wife is lying to the judge. According to Curvelo, Vianna signed a notarized agreement granting him custody of their daughter when they first got divorced. Curvelo is claiming Vianna is now arguing that the agreement is forged and that the deal they made when they got divorced shouldn’t be upheld because she didn’t have a lawyer at time.
Curvelo’s lawyers maintain the agreement is real and valid and that it was indeed signed by an attorney.
The Curvelo-Vianna custody battle is set to begin tomorrow at 2 p.m.
If you are entangled in a
child custody battle, or if you are planning to file for divorce and expect child custody to be a heated issue, you can trust an experienced
Jacksonville child custody attorney at Ellerin Hutchinson to protect your best interests, provide you with trusted advice and guidance, and help you achieve your legal objectives.
To learn more about our services, please contact
Ellerin Hutchinson today at
(904) 866-4489!
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| January 29, 2010 |
| U.S. and Japan Discuss International Custody Disputes |
| Posted By Law Office of Scott Ellerin |
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According to an article in the Washington Post, the U.S. is urging Japan to re-address its position on child custody disputes between U.S. citizens and Japanese citizens who have children together. The U.S. is also asking Japan to join an international convention on child abductions.
In recent years, a number of Japanese-born mothers have fled the United States with their children, refusing to the let their American ex-husbands visit. Japanese law allows only one parent to be the primary custodian of a child, and it’s usually always the mother, leaving the father without any access to his children.
While the Japanese are entitled to their laws, the U.S. became concerned when their laws started affecting U.S. citizens. According to the article on the Washington Post, more than 75 American parents have been affected by Japan’s strict child custody laws.
U.S. officials recently met with the Japanese Foreign Ministry in an attempt to try and resolve the issue. The U.S. is also urging Japan to sign the Hague Convention on International Child Abductions, which seeks to ensure that custody decisions are made by the courts where the child was born, not by where the mother was born. The convention also protects both parents’ rights of access to the child.
The issue garnered attention in November when the story of Christopher Savoie, an American, hit headlines. Savoie’s ex-wife took the couple’s two children from Tennessee to her native Japan. When Savoie went to Japan to bring his kids home, he was arrested by authorities, despite the fact that his ex-wife violated a U.S. court order not to leave the country.
The Japanese eventually dropped the charges and he was able to return to the U.S. His children, however, are still in Japan with their mother.
If you are going through a custody dispute and would like the advice or legal counsel of an experienced
Jacksonville child custody attorney,
contact the Law Office of Scott Ellerin today by calling
(904) 866-4489.
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| January 22, 2010 |
| More Fathers are Awarded Custody |
| Posted By Law Office of Scott Ellerin |
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A new report by Short Family Law and Attorney Litigators has found that more and more fathers are receiving primary custody of their children following a divorce.
In the early 1990s, it seemed as if mothers were so clearly favored in matters of child custody. But now it is estimated that the number of fathers awarded primary custody is close to 50 percent.
The report suggests the statistic is indicative of the growing number of men who stay at home with the children while the mother works to support the family. The court system is simply responding to the increase in the number of stay-at-home dads.
The report also indicates that more men are staying at home with their children, partly because many men have been laid off from their jobs due to the struggling economy. In fact, research done by Working Mother Magazine revealed that approximately 75% of job loss was among men.
Contact a Jacksonville Child Custody Lawyer Today!
As an experienced Jacksonville fathers’ rights attorney, Scott Ellerin has represented many men throughout the Jacksonville area wishing to obtain custody of their children. It is important that you do not underestimate your parental rights, as the courts do acknowledge the value of the relationship between a man and his children. Regardless of your employment situation, if you want custody of your children, do not hesitate to contact the Law Office of Scott Ellerin for experienced legal representation! |
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| December 29, 2009 |
| Man Kidnaps Son by Tricking Police |
| Posted By Law Office of Scott Ellerin |
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A man was able to kidnap his 10-year-old son after showing police false documents from Mexico that said he was the legal guardian of the boy.
Nearly two months after the boy was handed to his father, Jean Philippe Lacombe, police have issued an arrest warrant for Lacombe, who is facing charges for kidnapping, perjury, and interference with child custody.
When Lacombe’s marriage to the boy’s mother, Berenice Diaz, began to dissolve in 2005, Lacombe was originally granted custody in Mexico City, where the couple lived. However, because Lacombe failed to abide by the visitation rules, custody was eventually granted to Diaz. Ever since, Diaz and Lacombe have been involved in a bitter child custody battle.
Diaz told reporters that in 2005 Lacombe took the boy to France, and that she spent two years fighting to get him back. She eventually moved to the United States because she thought it would protect her from Lacombe, who has French and Mexican citizenship. Now she fears she will never see her son again. Diaz says Lacombe is a millionaire who recently married a Russian woman, so her son could be anywhere.
“I thought in the United States, nothing like this would happen to me,” Diaz told reporters.
But Diaz isn’t the only parent involved in an international custody battle. A Tennessee man recently made headlines when he flew to Japan to try and bring home his two children, who were taken by their Japanese-born mother from their Tennessee home, only to be detained by Japanese officials. This was in spite of the fact that the man had been granted custody by a U.S. judge. Countless other parents have gone through and are currently involved in custody battles in which their child has been whisked away to foreign countries by a parent who is a national of another country. And because there are no international child custody laws established, it is often a long and difficult battle to get these children back into the United States.
If you going through a similar situation, please do not hesitate to contact Jacksonville child custody lawyer Scott Ellerin today for experienced and dedicated legal counsel and representation you can depend on! |
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| December 15, 2009 |
| When to Hire a Fathers’ Rights Attorney |
| Posted By Law Office of Scott Ellerin |
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At one point, not very long ago, mothers were so obviously favored in matters involving child custody, child support, and alimony. Today, judges recognize the vital role a father plays in his children’s lives, and now treat them equally when making decisions in regards to custody and support. Well, most of the time. Unfortunately, even in these modern times fathers’ rights are still being overlooked or ignored for one reason or another.
If you are a father who is going through a divorce or separation, or if you are fighting for custody or visitation rights, you should take a moment to contact attorney Scott Ellerin. As an experienced Jacksonville fathers’ rights lawyer, Mr. Ellerin has witnessed many men treated unfairly in the family court system, and is committed to helping his clients avoid this mistreatment. Mr. Ellerin believes in the value a strong relationship between a man and his children, and can ensure your parental rights are not undermined by your ex-wife or girlfriend in any way.
Do You Feel Your Rights as a Father Are Being Ignored?
If you feel you are being treated unfairly in court, or if you feel your ex wife or girlfriend is trying to sabotage your custody or visitation rights, there are things that can be done to put an end to this. When it comes down to it, the judge will base his or her decision on what is in the best interest of the child. An attorney can gather the evidence and testimony from social workers and child psychologists that will convince the judge that you deserve to have custody or visitation rights to your children. An attorney can also help if your ex-wife or girlfriend is asking for an unreasonable amount of child support. There is a fine line between providing enough money to ensure your child has the financial resources he or she needs, and being taken to the cleaner. Mr. Ellerin can protect your best interest during child support hearings, and help you reach an arrangement that is fair to both you and your children.
Do not allow your rights to be ignored or overlooked in anyway. Jacksonville father’s rights attorney Scott Ellerin can advocate your parental rights and ensure your case is resolve in a way that preserves the relationship you cherish with your kids.
Contact the Law Offices of Scott Ellerin today!
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