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Preparing For Divorce

If you've come to the decision that divorce is the solution for you, your next step should be to familiarize yourself with your state's divorce laws. Never start the divorce process without knowledge of what your state expects of you.

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Cathy's Divorce Support Blog

Supervised Visitation Explained

Tuesday January 5, 2010

Question:

My ex-wife has accused me of neglect and abuse and is asking the courts that I only have supervised visitation with our son. Can she do this and if she is successful what happens during supervised visitation?

Answer:

It is possible the court will order supervised child visitation if your ex has evidence proving you are in some way a danger to your child. Normally this occurs when a parent has a history of being physically abusive or neglectful of the child's needs. Alcohol and drug addiction can play a role in supervised child visitation being ordered.

If your ex is successful, visitation between you and your child will be in the presence of a third party. The job of the third party is to ensure the safety of your child during visitation. In some cases, the third party is a member of the family or friend.

Who is in charge of supervising child visitation depends on the severity of the accusations your ex makes to the courts and the evidence she is able to provide to prove those accusations.

If she can prove that you have physically abused the child, the court will appoint a professional to supervise visitation. Usually someone from social services or an independent agency that specializes in supervised visitation.

Normally social services and independent agencies become involved where there has been a history of abuse in the marriage and since. If you've never been found guilty of domestic abuse or abuse against your child you will more than likely end up with visits supervised by a family member of friend. One who, of course, meets the court's standards.

Are Our Children Worth the Expense of Bird's Nest Custody?

Sunday January 3, 2010

Bird's Nest Custody is a new concept used by some divorcing parents in the hope of causing as little disruption in their child's life as possible. It is basically a form of child custody in which the child/children remain in the family residence and the parents spend their visitation time with the children in the children's home.

Each parent sets up a new resident for themselves and shares a visitation schedule that allows the children the security of not having to adjust to unfamiliar and new homes.

If a couple agrees on Bird's Nest Custody there will be an agreement about the length of time the children will remain in the former family home. I would imagine the time would be based on when the youngest child reaches the age of majority.

I don't know that Bird's Nest Custody is an option for your average divorcing couple. The expense would be enormous since three separate residents would have to be maintained. I'm sure there are pros and cons to Bird's Nest Custody. One important pro being the ability for the child or children to remain in their home and schools. And, of course have equal time with each parent.

Top 4 Sex Scandals of 2009

Saturday December 26, 2009

Who isn't interested in a juicy sex scandal? Two Thousand Nine has been a year in which some have set a new standard for sexual behavior. What kind of standard you may ask? In my opinion a standard of arrogance and narcissism.

I think if we've learned anything about some public figures this year it is that little else matters when it comes to getting what they want. Some, when caught cheating use the excuse, "it just happened."

Anyone with a brain knows that cheating doesn't "just happen." There is thought and intent behind the action. The intent is to cheat but it is the thought behind the behavior one has to wonder about.

Anyone who cheats knows there is a possibility of being exposed. That makes me believe that the thought behind the cheating of public figures is..."in time people will forget and no longer care." And, it is true, in time we, the public do forget or quit caring.

Too bad the same can't be said for those who love or loved these public figures. Below are the top 4 most scandalous sex affairs of 2009. Leave me a comment and let me know which you feel is the more unforgettable or unforgivable.

Mark Sanford, governor of South Carolina:

Governor Sanford used taxpayers' money to fund trips to South America to see his mistress. Meanwhile, a record of his very purple prose with his mistress, with whom he sought "the sparking thing," was captured on the government's email service and later circulated to the world. In the weirdest press conference of the year, Sanford admitted he had been unfaithful to his wife. Since then, Sanford responded to claims he used state funds to help finance his amorous adventures by reimbursing taxpayers for expenses he racked up during a visit to Argentina. Democrats and Republicans alike have sponsored impeachment measures.

Senator John Ensign from Nevada:

Ensign admitted to having an eight-month affair with campaign aide Cynthia Hampton, the wife of his Senate aide Doug Hampton, whom Ensign helped to set up a lobby practice and secure clients. Once a GOP presidential hopeful, Ensign went to great lengths to hide his affair.

In April 2008, Ensign's parents gave Cynthia Hampton and her family $96,000. On July 9, 2009, when the payments were reported in the news, Ensign's lawyer, Paul Coggins, issued a statement on Ensign's behalf stating, "The payments were made as gifts, accepted as gifts and complied with tax rules governing gifts." In late 2009, Hampton told Nightline the opposite, saying it was "crystal clear" that the $96,000 was, in fact, severance and not a gift.

Sen. John Edwards form North Carolina:

In August 2008, Edwards confessed that he'd had an affair with a former campaign worker, Rielle Hunter. He met her in a bar. This year Edwards denied fathering the woman's baby; he is still with his wife, who has breast cancer. It was recently reported that Edwards purchased a home in North Carolina for Hunter and her child. This one scandal just won't die. Probably won't for at least another 18 years or so.

Tiger Woods 14 Mistresses:

The most recent news in the world of sex scandals comes from Tiger Woods, who admitted he cheated on wife Elin Nordegren with multiple women. The surprises surrounding this particular situation just keep on coming; so far 14 women say they've slept with Tiger.

Rachel Uchitel, the first woman linked to Woods flew to West Palm Beach recently, just a few miles from the North Palm Beach marina where Woods' yacht, "Privacy" is was docked. Uchitel told friends she was planning to spend Christmas with her mother who lives in Palm Beach. Coincidence or planned rendezvous? Only Tiger and Uchitel know for sure.


Tiger Woods Image courtesy of Harry How / Getty Images
John Edwards Image courtesy of Chip Somodevilla / Getty Images
Mark Sanforf Image courtesy of Davis Turner/Getty Images

David and Sean Goldman: A New Beginning

Wednesday December 23, 2009

The saga is over; David Goldman is to be reunited with his son Sean tomorrow morning. No more waiting, no more litigation at long last, a father and son reunion will occur.

If you aren't familiar with David and Sean Goldman's story the details are below:

David's wife took Sean for a two-week visit with her family in Brazil. She never returned with the child.

They divorced in 2004 and since then, David Goldman has been attempting to gain legal custody of Sean who was kidnapped by the mother.

The mother remarried and died in childbirth in 2008. Sean's stepfather took "custody." David Goldman has spent years fighting what appeared to be a never-ending legal battle for the return of his son from the stepfather.

The stepfather is a well-known family law attorney in Brazil. The maternal grandparents have family law attorneys in their family also. Every ruling handed down by a court in Brazil was met with an appeal by the stepfather or maternal grandparents.

It seemed there was no way for David to win. On December 16, the Supreme Court of Brazil handed down another order that Sean be returned to his father within 48 hours.

As is usual the maternal grandparents appealed that court decision. Leaving David, once again, sitting in Brazil and even more determined to fight for the return of his son.

Details are fuzzy, I'm not sure what legal move David and his attorneys used but they were able to get the case heard again by a Supreme Court Judge on December 21 and that judge over-ruled the appeal and ordered that Sean be "immediately" returned to his father.

The maternal grandparents have released a statement via their attorney that they will file no more appeals. They are giving up their battle to keep Sean away from his father.

They have a name for parents like David Goldman. They are called "Left Behind Parents." Parents whose spouses have abducted children and taken them to foreign countries.

Hopefully by this time tomorrow...Christmas Eve, David Goldman will no longer be a "Left Behind Parent." For more information about David and Sean check out their website at BringSeanHome.org. You will also find stories of other "Left Behind Parents" there.

And, you can join in the celebration! This one Dad will no longer have to live life without his child.

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