Child Custody

Tragic Child Custody Fight Ends In Murder Charges :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: September 19, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What can I do to gain custody of my child in North Carolina?”

In an especially tragic case out of Arizona, law enforcement officials revealed that a woman has been charged with two counts of murder with special circumstances following the death of her two children. According to officials with the police department, the woman killed her two kids to avoid having to hand custody over to their father in Georgia.

A judge in Georgia recently awarded Mark Edge custody of the couple’s two children. The custody fight had gone for months and was incredibly contentious according to those familiar with the case. Marilyn Edge, the children’s mother, was reportedly furious with the result and decided to poison her two young children in a California hotel room rather than send them to their father.

The heartbreaking incident occurred last weekend when Edge gave her children poison and proceeded to drive her car into an electrical box outside a nearby by Home Depot. The murders took place only days before Marilyn was supposed to turn the children over to her husband and begin paying court ordered child support. Tragically, rather than being met by his children, Mark was instead informed by a police officer of the devastating news.

Authorities say the case is stunning given that one of the children, a 13-year-old boy, was autistic and in need of specialized care that Mark had hoped to provide. Now, Mark will have to try and put the pieces of his shattered life back together while his ex-wife faces a possible lengthy prison sentence.

Baby Veronica Child Custody Case Continues To Escalate :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: August 8, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What can I do to gain custody of my child in North Carolina?”

It finally looks like the sad case of the adopted girl from South Carolina might be coming to a conclusion. According to a recent report by the Associated Press, the father of Baby Veronica has turned himself into authorities in Oklahoma.

Dusten Brown, the biological father of the three-year-old girl at the center of a recent Supreme Court case has turned himself into authorities while his daughter remains with family members in the area. Brown surrendered himself on Monday after having been charged over the weekend with custodial interference and a warrant was issued for his arrest in the case involving his daughter.

A couple from Charleston, SC, Matt and Melanie Capobianco, have spent the last 18 months fighting to have the girl returned to them after Brown won custody in 2011. Brown successfully used the Indian Child Welfare Act to reassert his parental rights after initially voluntarily signing them away.

Authorities say Veronica is currently in the care of Brown’s parents and Brown’s wife. The three individuals were recently named temporary guardians of the girl by a Cherokee Nation court. Brown, who is 2 percent Cherokee, asserted his heritage in his child custody fight with the Capobiancos, a ploy that was recently struck down by the U.S. Supreme Court. The case was remanded to South Carolina where the Capobiancos were affirmed as Veronica’s rightful parents and Brown was ordered to return the girl as part of a gradual transition process that is aimed at reintroducing the toddler to the Capobiancos. So far, Brown has refused to participate.

South Carolina Supreme Court Issues Final Decision In Baby Veronica Case :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: July 16, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What can I do to gain custody of my child in North Carolina?”

The South Carolina Supreme Court issued an important decision earlier this week when it decided Baby Veronica, the young adopted girl at the center of a major legal dispute, should be returned to her adoptive parents, the Capobiancos, in Charleston, SC. This meant that the girl will be removed from her biological father, Dusten Brown, who successfully sued before the very same South Carolina Supreme Court to take custody of the girl last year.

The decision, 3-2, ruled that the girl should immediately be returned to the adoptive parents’ custody and that the lower court should immediately move to finalize the couple’s adoption. The couple will see their daughter for the first time in 18 months since Brown successfully sued to reassert his parental rights, claiming that the Indian Child Welfare Act (ICWA) prevented him from signing away his parental rights.

The case ended up making its way to the U.S. Supreme Court which ruled last month in a 5-4 decision that ICWA was never designed for cases like this where the Indian parent (Brown is 2 percent Cherokee) voluntarily chose to terminate his or her own parental rights. Instead, ICWA was meant to prevent the forcible breakup of Indian homes. The Supreme Court remanded the case to South Carolina for reconsideration and to determine which home would be in the best interest of the child.

Allen Iverson In Custody Fight After Claims He Abducted His Children :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: June 4, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What rules are there for Father’s Right in NC?”

Former professional basketball player Allen Iverson’s already messy divorce appears to be getting worse. Just this past week his ex-wife, Tawanna Iverson, filed documents with a family law court saying that the former Philadelphia 76ers star has taken the couple’s five children and refused to return them.

The latest incident is one in a long string of custody fights the couple has engaged in since they initiated the divorce process. In February, Tawanna won full custody after a family law judge decided that Allen was not capable of managing the children in his current state. The judge ordered that Allen begin seeing a psychiatrist and attend AA meetings for at least one year. Allen was only granted visitation rights in specific circumstances, including that he not consume alcohol within 24 hours of a visit.

The family law judge said that Allen was at times a hindrance to the development of his children and that, if he wanted to see more of them, he would have to invest some time into learning more appropriate ways of interacting with them. Allen called the decision unfair and one-sided and appealed, an appeal he lost in March of this year.

In this most recent case, Tawanna claims Allen has refused to return the five children after he took them for an alleged vacation, something Tawanna believes may never have even happened. According to the court documents, Allen asked permission to take the children to Charlotte, NC for several days in late May for a short vacation. However, when Allen was supposed to return the children they were nowhere to be found. Tawanna claims she tried to set up an exchange at a neutral location, a nearby Target, but that Allen never bothered to show up. Tawanna says she has reliable information that Allen never took the children to Charlotte at all and instead is staying with them at a Sheraton in Atlanta.

North Carolina General Assembly Considers Change To Child Custody Law :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: April 9, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Can any attorney help me with my family law needs in North Carolina?”

In a potentially important shift, the North Carolina General Assembly is currently reviewing a bill proposed by State Senator Clodfelter that could drastically alter child custody arrangements in the state. The measure, Senate Bill 610, would amend the current laws regarding child custody arrangements and presumptions of custody following a divorce.

Specifically, the measure has been written to create a presumption of shared custody and responsibility between divorcing parents. The measure says that ought to be the policy of the State to encourage joint parenting arrangements and to reduce what it refers to as “needless litigation over child custody matters.” To help facilitate these joint parenting arrangements, the law will encourage parents to take responsibility for their children by creating a new expectation that parenthood will be an ongoing responsibility for both parties, even in the face of divorce.

The measure seeks to encourage both parents to share the responsibilities of raising a child, even after a marriage has dissolved. To accomplish this, SB 610 will now create a legal presumption of shared responsibility. The measure defines this as meaning that each parent will share “as close as possible to an equal amount of time with the child.” The legislation does not stop there, but instead specifies an exact amount of time that non-custodial parents should expect to spend with their children. The law says that this figure shall not be less than 35 percent of the amount of time with the child.

What To Do About Spring Break In A North Carolina Divorce :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: March 28, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Can any attorney help me with my family law needs in North Carolina?”

Everyone knows that spring break can be hectic, even for happily married families. Now throw in a divorce, hurt feelings, several children, parenting plans, two different houses and multiple schedules and you’ve got a recipe for disaster. In the best of cases planning for vacation and making sure everyone gets something that they want is tough. The way to ensure that things stay as civil as possible is to plan early and plan often.

The very first thing that divorcing couples can do to make spring break (and all similar vacations) easier, is to begin thinking about them during the divorce itself. Though you will likely have many other things on your mind, make sure that you and your attorney sit down to discuss the issue of vacations before the parenting plan is finalized. Work the language out now, including all the particulars, to avoid trouble later on. Though it can seem tedious to carefully lay out things like whether a vacation begins on a Friday after school lets out or whether it starts the following Monday morning, that level of specificity is essential to avoiding trouble down the road. It is important to remember that there are no right or wrong answers; any arrangement is fine so long as it works for you and your former spouse.

New York Case Reveals How Far Legal System Has To Come To Reflect Modern Families :: Child Custody Lawyers and Attorneys in Charlotte, N.C.

Published on: February 28, 2013 | On behalf of Arnold & Smith, PLLC

Though a quick scroll through the TV guide tells us how much American family life has changed over the decades, less “Brady Bunch” and more “Modern Family,” our family law system has failed to keep pace. The idea of what a family is supposed to look like has changed enormously as gay parenting and single mothers have become vastly more commonplace, yet the courts haven’t been as quick to adapt.

A clear instance of this gap is occurring today in New York State. A New York Times article recently discussed the complicated case of a pharmaceuticals executive named Jonathan Sporn. Dr. Sporn filed a motion in a New York court late last month saying that he and his then girlfriend, law firm partner Leann Leutner, had a baby boy last year. The couple had fertility issues and relied on an anonymous sperm donor. The two had been together for several years, living together in a committed, monogamous relationship. Two failed marriages had convinced them both not to get married again and they were instead going to raise their child as a non-married couple.

The problem with their plan arose in December when Leutner took the young boy and left Sporn for a new apartment in New Jersey. After a few days out of the city she killed herself. Though the turn of events was a surprise, it was not completely unexpected. Leutner had a history of psychological problems and was suffering from an especially serious case of postpartum depression.

Since Leutner’s death, the child has been in protective care and is now in a foster home in New York City, this despite repeated attempts by Sporn to get custody of his son. Leutner’s sister has also tried to get custody of the boy. So far a judge has agreed that either home would be acceptable for the child, yet despite this seal of approval Sporn still does not have his child who has been given the label “destitute” since, legally, he has no known parents.

Post-Valentine’s Day Period Sees Rise In Divorce Filings :: Child Custody Lawyers and Attorneys in Charlotte, Mecklenburg County, NC North Carolina

Published on: February 5, 2013 | On behalf of Arnold & Smith, PLLC

Though it’s sad to imagine, the truth is the post-Valentine’s Day time period is a busy one for many family law attorneys, even those here in North Carolina. A recent study discussed in a Yahoo News article, found that divorce filings rose by as much as 40% after the lover’s holiday.

Lawyers interviewed in the Yahoo piece say that their experience is similar, that the supposedly romantic holiday is often a time where many couples whose relationships have been on the rocks stop and take a hard look at their marriage. The problem is that the holiday is so often associated with wildly unrealistic expectations that when things fail to turn around after one lovey-dovey day it can really hit them hard and serve as the final straw.

Many of the experts interviewed said that couples that have been questioning their relationship often first approach divorce attorneys in January after the holidays are over, usually with questions and concerns. If they aren’t ready to pull the trigger quite yet, many will say they want to wait and see how Valentine’s Day goes and when the day fails to live up to expectations, many decided to go ahead and file.

Another interesting statistic comes from the legal referral site, Avvo, which says each year it sees a huge spike in the number of inquiries for divorce attorneys in the days immediately following Valentine’s Day. The company announced that over the past several years the site sees an average 40% increase in the number of requests for divorce attorneys in the time surrounding Valentine’s Day.

Another trend observed by some family law attorneys is to use the holiday to send an especially pointed message. Some clients request that important depositions be scheduled on Valentine’s Day or that the divorce petition be held over to file on the 14th.

Florida Judge Signs Off On Birth Certificate Listing Three Parents :: Child Custody Lawyers and Attorneys in Charlotte Mecklenburg County, NC

Published on: January 22, 2013 | On behalf of Arnold & Smith, PLLC

One girl in Florida will be able to count herself among the very few who can say that they legally have three parents. A judge in Miami-Dade County recently signed off on the unique agreement which gave a lesbian couple and a gay man parental rights to the child.

The situation came about after a hairstylist in Miami Beach, Massimilano Gerina, met a lesbian couple and became fast friends with them. The couple had an interest in conceiving a child and approached Gerina several times with the idea.

After more than a year of discussion, the trio entered into a verbal agreement saying that Gerina would be the father of the baby and be permitted to see her whenever he wanted. Though the agreement existed in their minds, nothing was ever written down, assuming it would easily be put in place later. The insemination process took place in a private medical setting and happened much more quickly than anyone expected, not allowing for time to flesh the agreement out more fully.

The lesbian couple, apparently after having a change of heart, drew up a new agreement and asked Gerina to sign, one that said he would only be seen as a sperm donor and would have no parental rights to the child. Gerina was shocked and sued the couple for paternal rights once the girl was born.

Child Custody Lawyers in Charlotte, NC :: NASCAR CEO Fails to Keep Divorce Records Sealed

Published on: December 18, 2012 | On behalf of Arnold & Smith, PLLC

According to a report by the Charlotte Observer, the North Carolina Court of Appeals decided to uphold a lower judge’s decision to unseal the divorce records from the Chairman and CEO of NASCAR. The case was an especially interesting one and the details have now begun to emerge.

Lawyers for the NASCAR CEO Brian France spent years arguing that the documents should be kept confidential. The papers concern the 2008 divorce between Brian and his then wife, Megan France. The two have a colorful history given that they have been married and divorced twice now.

The Court ruled last year that the public’s right to view public court proceedings outweighed France’s interest in keeping the records private. Then Mecklenburg County District Court Judge Jena Culler reversed an earlier decision by another judge, deciding to unseal the records. Brian France appealed yet again, which meant the decision would be stayed until the Court of Appeals had an opportunity to hear the case again.

France’s attorneys argued before the Court of Appeals that allowing Judge Culler to overturn the order of another judge with an equal rank would result in “judicial anarchy.” The panel with the Court of Appeals was unmoved. Instead, they held that Judge Culler’s decision to unseal the divorce was valid. Given that the three-judge panel was unanimous there is no automatic right to appeal to the North Carolina Supreme Court.

Though records have not yet been released, statements made in court by attorneys on both sides reveal that there are plenty of juicy details in the paperwork. The two are involved in a dispute over whether Megan violated a confidentiality agreement signed during their most recent divorce.