Michael Mastracci, an attorney from Baltimore, Maryland, publishes one of my favorite blogs, “Divorce Without Dishonor.” He is a huge proponent of utilizing the collaborative law model in divorce and custody matters whenever possible. He recently posted an excellent piece, with which I agree, well worth sharing. I have added a few of my own thoughts at the end.
When I was in law school one of the adjunct professors was a circuit court judge with years of experience presiding over cases involving dueling parents arguing about virtually every aspect of their children’s lives. His advice, probably the best advice in three years of law school, was to know your judge. His Honor was not speaking about knowing the judge personally (although that never hurts) but knowing what he or she is likely to do in any given situation or factual scenario. What does that mean?
People often tend to forget that judges are people, people who likely either knew the governor or knew people close to the governor in order to get appointed. Judges are not necessarily appointed because they are smart. There is no judgeship test or certification to wear the robe once appointed (that … Read More... “Here Comes the Judge: A Little Insight for Your Child Custody and Divorce Case”
A large body of research overwhelmingly suggests children do best when they have both a mother and a father involved in their lives. Specifically, children whose fathers participate in raising them do better in school, are less likely to get into trouble with the law, and are more likely to be better parents themselves. While more fathers are being awarded legal custody of their children, the statistics seem to indicate that the majority (between 75 and 85 percent) are awarded to mothers. Today, nearly 20 million children live in a home without a father (2002 U.S. Bureau of the Census). Recent Census Bureau child-custody statistics indicate that nearly 40% of non-custodial fathers have no access or visitation rights whatsoever with their children. A very troubling statistic, indeed! Of those that do have visitation rights, what percentage are actually seeing their children regularly? The statistics in the studies vary greatly. But it seems clear that frequently the amount of contact the children have with their fathers diminishes over time. A recent study published in the Journal of Marriage and Family finds that children born outside of marriage are less likely to be visited by their father when the mother is involved in … 
Of course, it goes without saying that it is in the best interests of children when both parents are actively involved in their lives. Typically, children who have both parents raising them are more successful in many areas, including their academics. Unfortunately, due to divorce and circumstances such as parents living in different cities or states, one parent is excluded from involvement in their child’s school life. Often it seems that the father is the parent who does not feel needed or welcome in their child’s school world. Fathers are many times unaware of school happenings such as teacher-parent conferences, report card dates, or special events at the school. Research supports that when the non-resident father is even marginally involved in their child’s school life, the student is more likely to participate in extra-curricular activities, receive better grades, and enjoy school more.
Our guest contributor this week is 
Christopher Savoie (“Father”) was arrested in Japan on September 28, 2009, for trying to take his two (2) children, Isaac Savoie, eight (8) years of age, and Rebecca Savoie, six (6) years of age, away from their Mother, Noriko Savoie, while she was walking the children to school. Father forcibly placed the two children into his car and drove towards the U.S. Embassy or Consulate Office in Fukuoka, Japan. His goal was to get the children into the U.S. Consulate Office in order to obtain passports for the children so that he could return them to the United States.
The legal analysis posted last week on this blog by Daniel Pollack discussing legal immunity for children services social workers was comprehensive and well done. A review of Ohio federal cases on point is very interesting and enlightening.
It is an accepted principle that a parent has a constitutionally protected interest in the custody and care of his or her child. This interest does have exceptions, especially when the child may be in immediate or apparent danger. This is when child protection services gets involved. Crucial to every child protection investigation is to establish the facts and circumstances of the case. When these are presented to the court at a dependency hearing, the evidence may become proof.