Kazen Law

Child Custody Case Involves Potential Eavesdropping

Mike.Smith — Mon, 30 Apr 2012 19:00:18 +0000

In Houston’s federal court, Brian R. Martin is claiming his ex-wife, Allison L. Markoski, was secretly listening to conversations with their 9-year-old son. The recording device was allegedly planted inside the son’s clothing by the ex-wife, who is a private investigator with knowledge of such devices. If proven true, the mother would have violated federal and state wiretapping laws. The lawsuit claims the recording device was sewn into the child’s clothing, and the conversations were then downloaded onto the mother’s computer. By filing in state district court, the father hopes to gain sole custody of the child in addition to $10,000 for emotional distress. Read more here.

South Carolina Supreme Court to Rule in Custody Battle

Mike.Smith — Sat, 28 Apr 2012 18:59:16 +0000

The South Carolina Supreme Court will make a ruling on a child custody battle between the girl’s adoptive and biological parents. A lower court recently ordered the girl returned to the biological father based on a federal law passed in 1978 intending to keep American Indian families together. The adoptive parents, Matt and Melanie Capobianco, are challenging the ruling since they thought they legally adopted the girl. The court expects to have a decision in the case within a couple of months. The two year custody battle began after the birth mother gave up the girl to the adoption agency, but the father, who is a member of the Cherokee Nation, wished otherwise. Read more here.

Bristol Palin Claims Levi Johnston Owes $39K in Child Support

Mike.Smith — Wed, 18 Apr 2012 19:01:11 +0000

The former Alaska governor’s daughter is suing Mr. Johnston for the $39,000 he owes for nearly 22 months of child support he has failed to pay. After the couple split up, Levi Johnston was ordered to pay $1,750 per month in child support but has since ignored the financial responsibility. The Palin family and Levi have publicly been at odds with each other since the 3-year-old child, Tripp, was born. The strained relationship could only worsen with Mr. Johnston’s new girlfriend reportedly pregnant. The Palin’s, until now, were avoiding any aggressive collection methods in order to maintain some form of civility with Mr. Johnston. Each side has publicly stated allegations of spreading lies to the media. Levi feels the Palin’s have prevented him from seeing his son, and Sarah and Todd Palin claim the opposite in the child custody dispute. Read more here.

Utah Child Custody Case Merged with Divorce Case

Mike.Smith — Mon, 16 Apr 2012 19:02:02 +0000

A Utah man, Wallace Jeffs, withdrew his child custody case in favor of combining the proceeding with the divorce case. By filing for divorce in juvenile court, Mr. Jeffs hopes to have a better chance of gaining child custody from the mother. The nine children are currently living with the mother in the polygamous sect called Fundamentalist Church of Jesus Christ of Latter-Day Saints. The strained relationship began after Mr. Jeffs was thrown out of the polygamous sect for a third time. The divorce and child custody battle will center on child safety and the lifestyle within the sect. The nine children are all minors so Senior Utah District Judge Pamela Heffernan advised him to file in juvenile court if the children’s safety is of concern. Read more here.

Lesbian Couple Denied Divorce in Maryland

Mike.Smith — Thu, 12 Apr 2012 19:02:52 +0000

Two Maryland women are attempting to file for divorce in the state but have been denied since the state does not recognize same-sex marriages from other states. The gay couple were married in California and now currently reside in Maryland. Rulings on same-sex divorces have been widely inconsistent amongst the state’s judges. The Maryland same-sex divorce cases are mixed due to differing opinions on what type of divorce cases the state should recognize. When the couple originally filed for divorce, the Prince George’s county judge declined to hear the case stating it would be contrary to public policy. On the other hand, state Attorney General Douglas Gansler said out of state same-sex marriages should be recognized. State agencies now provide benefits and issue birth certificates of same-sex couples. Due to the complicated issues involving each state’s views on gay marriage, California and the District of Columbia passed laws allowing out of state same-sex divorce cases if their home state refuses to hear the case. Read more here.

New Survey Suggests Living Together Prior to Marriage No Longer Influences Divorce

Mike.Smith — Thu, 05 Apr 2012 21:17:57 +0000

In the past, surveys of divorced couples trended to the conclusion that divorce was more likely for couples who lived together before marriage. Between the late 1960′s to the present, the percent of couples who lived together prior to marrying has increased from 10 percent to 60 percent. The practice is so common that it no longer impacts the likelihood of a later divorce. According to study by the Centers for Disease Control and Prevention, there is no difference between the divorce rates of couples who do and do not live together first. The more influential factor is whether or not couples are engaged or committed to a long-term relationship prior to moving in with each other. The divorce rate for first marriages is about 50%, and couples with a higher education are more likely stay married for at least 20 years. For the compete story, click here.

Same-Sex Couple Granted Divorce in Ohio

Mike.Smith — Sun, 01 Apr 2012 21:16:29 +0000

A Ohio judge granted the divorce of a same-sex couple in one of the first successful cases of its kind. Since Ohio voters banned gay marriage in 2004, state judges have been reluctant to hear cases where an out-of-state gay marriage is petitioned for divorce within Ohio. Opponents of same-sex marriages argue that the Ohio constitution defines marriage as that between only a man and woman, and therefore a gay marriage cannot be recognized in the court system. The counter argument is that the state constitution defines marriage and not divorce. The Columbus men in the divorce case were legally married in New York prior to seeking the divorce in Ohio. While gay marriages have been dissolved within Ohio in the past, it is still considered very rare and the precedence set by this particular case is uncertain. For the complete story, click here.

Maryland’s Court of Appeals to Hear Same-Sex Divorce Case

Mike.Smith — Tue, 20 Mar 2012 21:12:53 +0000

Same-sex couples seeking a divorce are often left in legal limbo if they reside in a state that does not recognize same-sex marriages. Since Maryland is one of 40 states where only civil unions and domestic partnerships are legal, courts are refusing to hear divorce petitions from gay couples. The divorce conundrum has frustrated couples like Jessica Port and Virginia Anne Cowan who married in California but live in the District of Columbia. The high court’s ruling will set a broad precedence for future divorce cases that should universalize how Maryland judges rule on same-sex divorce cases. Maryland Attorney General Douglas F. Gansler predicts the Court of Appeals will recognize out-of-state same-sex marriages and therefore grant the divorces. For the complete story, click here.

Tennessee Judge Rules Mom Must Pay Child Support to Russian Boy

Mike.Smith — Wed, 14 Mar 2012 21:14:39 +0000

Two years ago, Torry Hansen created controversy when she sent her adopted 7-year-old boy back to his home country of Russia by himself on a plane. At the time, she claimed the boy was too difficult to care for due to psychological issues that led to violent acts. Now, Tennessee Judge Lee Russell has ordered Hansen to pay child support to the Russian adoptive agency where the boy lives in a group home. The terms of the child support are still pending until the court can review Hansen’s financial documents. The money from the child support payments will be used for the boy’s general care as well for a trust in the child’s name. For the complete story, click here.

The Debate Over Same-Sex Marriage in Ohio Starts Again

Mike.Smith — Fri, 09 Mar 2012 21:15:29 +0000

In 2004, Ohioans overwhelmingly voted to constitutionally ban same-sex marriage, but the pro-gay marriage group Freedom to Marry Ohio has launched a campaign to put the issue up for vote again. The group feels same-sex marriage has gained momentum within Ohio, and the voters will now vote in favor of a measure placed on the ballot. With the political pressures of the upcoming presidential election, the topic will certainly polarize the state. Opponents of same-sex marriage disagree with the idea that Ohio voters have changed their attitude and point to the most recent poll numbers. Ohio voters polled in 2004 and 2009 showed the voters opposed gay marriage 62 percent and 60 percent, respectively. At the present, the same-sex marriage campaign is in the beginning stages of receiving enough signatures for a vote possibly within a year or two. For the complete story, click here.

http://news.cincinnati.com/article/20120301/NEWS010801/303010220/Battle-over-same-sex-marriage-may-return?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE