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!

Last week a Chimpanzee garnered national headlines as its owners were slated to go to court to fight for custody in Sarasota.

James “Mike” Casey of Missouri is taking the chimp’s caretaker, Virginia “Gini” Valbuena, to court.  Casey and his ex-wife ran a chimp farm together while they were married.  He believes that during their contested divorce, his ex-wife gave the chimp, named Eli, to Valbuena.

Casey claims the chimp rightfully belongs to him, and that the chimp was born during his divorce.  Valbuena, however, claims she got the chimp from a California wildlife park, and maintains that Casey’s ex-wife did not give her the chimp.

Casey’s attorney called for DNA evidence to help prove where the chimp came from under the same laws applied in paternity disputes. Casey says the DNA would be compared to the chimp’s parents at the farm.  If the DNA matches, then it proves the chimp is his.

Valbuena’s attorney contested the motion for DNA testing.

After reviewing testimony, Circuit Court Judge Charles Roberts eventually decided that DNA testing should be not done. He did however say that a DNA test could be done in the future if new details surrounding the case were introduced.

Scott Ellerin is a Jacksonville family law attorney with extensive experience in child custody disputes and issues. To contact the Law Office of Scott Ellerin, please call (904) 866-4489!