Recently in Parental Alienation Category
Steps in overcoming Parental Alienation
February 13, 2013, by David P. Schwarz
California parents have a right to meaningful relationships with their children. This does not mean that only the primary custodial parent has a right to spend time with his or her children. It does not mean that only mothers or only fathers have rights. It means that both parents deserve quality time with their kids.
At The Law Office of David P. Schwarz, I have over a decade of experience fighting for Orange County parents who are facing the threat of losing their relationship with their children. Do not let your child's other parent deny you visitation or change your child's image of you. Call 714-361-9875 or toll-free 877-387-7112 or contact me online to schedule a complimentary consultation.
I am passionate about helping mothers and fathers who feel alienated from their children. As an experienced lawyer, I have helped parents in many situations. Maybe your ex-spouse is using your children as leverage against you. Perhaps your children's other parent has brainwashed them to think poorly of you. Or maybe he or she is threatening to move to a new state with the kids.
If you are being excluded from your child's life, you do have options. I will help you decide which approach is best for your family:
Mediation - We can negotiate with the other side before with a mediator. This is often a good option for families because it is less confrontational than litigation.
Child custody evaluation - We can request to have a psychiatrist profile both parents and present findings to the court regarding the child's ability to form a relationship with each parent.
Minors Counsel- The appointment of an attorney for your child could also assist in battling parental alienation. The attorney for the child can work out the conflicts and determine what is in the best interest of your child.
Create a new parenting plan - If your current child custody agreement is not detailed enough to protect your rights, we can create a new parenting plan that includes specific protections for your time with your child.
Contact an Orange County Divorce Lawyer for further assistance.
Posted In: Divorce, Parental Alienation
Mother loses custody after severe parental alienation
February 8, 2013, by David P. Schwarz
I read an interesting blog here that deals with the issue of parental alienation. In this specific case, a Canadian mother lost custody of her three children after spending 14 years attempting to alienate them from their father.
Justice Faye McWatt of the Ontario Superior Court of Justice said the mother's "consistent and overwhelming" campaign to convince the children their father was bad amounted to emotional abuse.
According to a report in the Toronto Star, the former couple's three daughters, aged between nine and 14, were brought to the courthouse after the judgement and placed in the sole custody of their surgeon father. This was the only way to ensure they would have a relationship with him, the judge declared.
The mother, meanwhile, was told to stay away and have the girls' possessions sent to the father's house. She was to have no further contact with the children except as part of a counselling programme. The mother was also told to pay for intensive course of therapy for children affected by 'parental alienation syndrome'.
Justice McWatt said:
"It is remarkable that [the father]. has not given in to the respondent's persistence in keeping his children from him over the last fourteen years and simply gone on with his life without the children as, no doubt many other parents in the same situation would have and, indeed, have done."
The mother reportedly could not accept that contact with the father was in the children's best interests. Her efforts to drive him away included refusing to answer the phone when he called to speak to the children; shutting the door in his face when he came to visit them; and occasionally calling the police when the children stayed overnight with their father. At a certain point, she cut off all contact, forcing the father to shout goodnight to his children through the door of their home.
In an interview, the family's lawyer said the judgement should serve as a warning to parents who involve their children in wrangles with their former partner.
"Maybe if they realize the courts will actually step in and do something and there is a risk of not only losing custody, but having no contact with their children, they'll think twice about it."
This specific case is all too common, unfortunately. In California, it is not uncommon for a Judge to award custody to the parent that will most likely facilitate frequent and continuing contact with the noncustodial parent. In this case, since the mother alienated the kids away from their father for 14 years, its not a surprise that the Judge would award custody to the father.
From an Orange County Divorce lawyer's perspective, it is really important for the custodial parent to share custody of the children with the noncustodial parent. If there is nothing wrong with the dad, there is no reason why the mother cannot facilitate frequent and continuing contact with the dad. It is important for children to have two parents to care for them.
Contact an Orange County Divorce Lawyer for any custody issues you may have in Orange County or Los Angeles County.
Posted In: Custody & Visitation, Parental Alienation
Orange County Parental Alienation
November 15, 2012, by David P. Schwarz
Here is an interesting post from a single mother about parental alienation:
It's a big word for a big problem, one that has been hotly debated on both sides. Parental Alienation is when one parent tries to turn a child against another parent through bad-mouthing and expressing anger toward that parent, casting him or her in a negative light and making the child feel guilty for wanting to spend time with--and even loving--this parent.
It sounds despicable, doesn't it? But let's be honest. Many single parents--including me--are guilty of Parental Alienation to some degree, whether it's intentional or not. In my case, there was a lot of anger in the beginning and it was difficult to contain my emotions around my children. While I wasn't saying negative things about their father to purposely destroy their relationship with him, I see now how destructive and irresponsible my behavior was.
Parental Alienation is a common, well-documented phenomenon in divorce, a form of child abuse, says Glenn Sacks, a columnist who is an outspoken and frequently published advocate on the subject (glennsacks.com). "There are mild cases of Parental Alienation, and then some parents go on a malicious campaign to destroy the relationship between their children and the other parent, lasting years and even decades."
Although many experts on the subject say it is a gender-neutral problem, Sacks says it's usually the custodial parent--the mother in many cases--who does the alienating. "Children spend most of their time with this parent. They're the gatekeepers and control access to the other parent, and can easily block phone calls and visits."
One of the worst cases known to Sacks was a father of two whose ex-wife remarried and moved to Phoenix. He flew there one weekend to visit his daughters and she turned him away. With a heavy heart, he flew home. He later checked his phone messages and heard his daughters sobbing in the background as his ex-wife screamed into the phone, "Where are you? We've been waiting at the restaurant!" Sacks says the ex-wife made him "look like the bad guy" so many times, that now his daughters won't even speak to him.
Remember the infamous abusive rant that actor Alec Baldwin left on his daughter's phone years ago? He blames this admittedly regretful outburst toward his daughter on his ex-wife, Kim Basinger, who had purposely tried to disrupt the relationship between him and his daughter, he claimed. "I've been driven to the edge by parental alienation for many years now. You have to go through this to understand." Baldwin was criticized by some feminist groups for using "Parental Alienation Syndrome (PAS)" as the reason why he was estranged from his daughter. They claim there's no such thing as PAS.
Helen Grieco, former executive director of the California National Organization of Women, agrees. She says Parental Alienation is "junk science," a tactic used by noncustodial fathers in the courtroom to make mothers look unfit for custody. The danger, she says, of courts buying into this "scam" is that children could end up in the primary custody of abusive and molesting fathers from whom the mother is trying to protect them.
After a contentious debate that dragged on for years, the American Psychiatric Association has determined that Parental Alienation Syndrome is not a mental disorder, and will not list it in its updated catalog of mental disorders.
Despite the backlash, the Parental Alienation Awareness Organization has succeeded in getting at least 17 U.S. states to recognize April 25 as Parental Alienation Awareness Day. And in another win for the PAS argument, a bill was defeated in California in 2010--AB 612--that would have prevented mental health professionals from submitting evidence of Parental Alienation in family law proceedings.
Sacks has these final words for parents who engage in alienating behaviors: "Take a look at what it's doing to your kids. You're making them hate half of themselves. They're not going to be little forever. Someday they'll figure it out, and there will be hell to pay."
If you suspect that your ex-spouse is alienating your child away from you, take immediate steps right away by contacting an Orange County divorce lawyer. Parental alienation is a serious issue that could have life-changing consequences.
Posted In: Parental Alienation
Orange County Father's Rights Lawyer can help you
September 7, 2012, by David P. Schwarz
Has your spouse been alienating the children away from you?
Has your spouse been coaching your child to say and act differently to pin you against the child?
Has your spouse been manipulating your child?
Have you noticed a negative change in your child lately?
Has your spouse been denying you visits with the child? Perhaps interrupting or interfering with your visits?
If you answered yes to any of these questions, its time for you to seek help in order to save your relationship with your son or daughter. Contact an Orange County Father's Rights attorney.
Orange County fathers need to stand up for themselves, so that they are not taken advantage of. Although California's family law system is not actually designed to exclude fathers, it is sometimes difficult for fathers to protect their rights. I know how to work within the legal system to help fathers remain involved in the lives of their children
Posted In: Father's Rights, Parental Alienation
Father abandons 4 children; relocates to the Philippines
July 16, 2012, by David P. Schwarz
Hans Mills, 53, was ordered to pay $4,000 in child support to his ex-wife to help support their four children. Claiming he was unable to pay the high amount, Hans sent his ex-wife an email informing her that he had left the country!
On November 2, 2011, he wrote his ex-wife the following email:
"The result of the legal instrument you recently designed and implemented is there's no possibility of a comfortable life or (secure) retirement for me in Canada at all. Therefore I have left the country to seek greener pastures elsewhere, and will never return. Well done, Einstein. Good luck and goodbye."
Hans left behind four children who desperately needed his support: a 19-year-old son who is a drug addict, a 17-year-old daughter who suffers from depression, a 14-year-old daughter with Down syndrome, and a 10-year-old son suffering from cancer.
The father of four is now remorseful for so quickly abandoning his children. In an interview with thestar.com, Hans confessed, "I did a terrible, awful thing, because I had no reasonable option. I miss my children terribly. I abandoned Canada, but not my children."
Although he says he regrets his decision, he still claims he will "never, ever, ever, ever" pay his child support or return home to his children.
Wow! From an Orange County divorce lawyer's perspective, one cannot just leave his obligations and responsibilities behind and relocate to a foreign country, such as the Philippines, to never be seen or heard from again.
There are ways to compel a deadbeat dad to pay his child support. Some examples are to either garnish his wages, file a notice of levy on a bank account that has funds in it, file a Contempt action, file a lien on any property that he owns, report him to the Department of Child Support Services, etc. Based on the particularities of your case, we can assist in obtaining child support for your kids or compelling the payment of same from the obligor.
For help in any child support or Contempt matter, contact a Orange County divorce lawyer for immediate help.
Source: Is Canadian Man World's Worst Father? Abandons Son, 10, With Cancer
Posted In: Child Support, Contempt, Parental Alienation
Is Obesity a Form of Child Abuse?
July 31, 2011, by David P. Schwarz
Several media outlets, including CNN, have recently highlighted an academic paper that floats a jarring idea: the article in the Journal of the American Medical Association argues that in certain circumstances "severely obese children be removed from their homes, and that government involvement may be justifiable because of the imminent health risks and the parents chronic failure to address medical problems."
In other words, the authors argue that allowing your child to become obese is a form of child abuse, and should be treated as such by the courts.
From the perspective of an Orange County family law and child custody attorney the best that can be said about proposals like this is that they are obviously well-intentioned. Childhood obesity is a well-documented, and growing, problem in our country. Moreover, the examples cited by the authors and by CNN - a 90 lb toddler, a 400 pound 12-year-old - are, indeed, shocking. The problem would come when decisions had to be made about children who are overweight but in no imminent physical danger. The argument being made by the authors could easily be extended by analogy to eating disorders, creating an implication that California parents' rights somehow end (or are at least to be curtailed) as soon as a child is judged to have a less-than-perfect diet.
Of course it is worth noting that in an Orange County child custody and visitation case this would hardly be the first time one parent has alleged poor care as an excuse to keep a child away from the other parent. Such tactics are a common feature of suits involving California parental alienation claims.
The assistance of an experienced Costa Mesa, Santa Ana or Anaheim family law attorney is essential for parents seeking to defend their rights against shocking accusations during the especially trying weeks and months that surround a California divorce.
CNN.com: Should Parents Lose Custody of Obese Children?
Seattle Post-Intelligencer: Should Obesity Qualify as Child Abuse?
Posted In: Custody & Visitation, Parental Alienation
California Family Law Measure Seeks More Open Child Welfare Hearings
March 31, 2011, by David P. Schwarz
A bill currently being considered by the California legislature would make significant changes to the way California child dependency hearings are conducted in the state. This crucial aspect of California family law is not widely understood, and merits closer examination.
According to Capitol Weekly, a publication focused on politics and government in Sacramento, hearings in California's dependency courts "are considered "presumptively closed" - that is, members of the public and the press are barred unless a judge feels there is a compelling reason to open a hearing up." Dependency Courts are a special sub-set of the broader California court system that hear cases dealing with the foster care system and with California child custody issues stemming from alleged abuse and/or neglect.
As Capitol Weekly notes, "the rational for having closed courts is to protect vulnerable children." But backers of AB 73, a bill seeking to make dependency court hearings presumptively open, take the view that public scrutiny is essential for preventing miscarriages of justice. The Weekly notes that there is no uniform national standard for openness in dependency courts - only in Oregon and Pennsylvania are dependency hearings always open - but that "the pendulum appears to be shifting towards more open courts" nationally, especially here in the western states. A recent opinion piece in the San Francisco Chronicle put forward the view that greater scrutiny of the dependency courts will provide an extra layer of insurance against ill-considered rulings.
Dependency courts deal with some of the toughest issues facing the California family court system. Issues like alleged abuse and neglect, parental alienation and guardianship questions. For Orange County parents confronted with the need to enter into legal proceedings being sent to a dependency court only adds an extra layer of stress to the already emotionally volatile issues of Orange County child custody, visitation and guardianship.
The assistance of a skilled and compassionate Orange County family law attorney is crucial for any parent confronted with the need to deal with the court system. Dealing with a little-known, and often secretive part of the justice system, such as the California dependency courts, is all the more stressful - and requires the best Orange County family law assistance available.
Capitol Weekly: Attempt under way to open up courts that deal with child abuse cases
San Francisco Chronicle: Impelling Foster Care Reform Through Journalistic Truth
Posted In: Court System, Custody & Visitation, Domestic Violence, Family Law, Parental Alienation
Newly Released Legal Documents Put Steve Harvey's Divorce in a Better Light
February 25, 2011, by David P. Schwarz
At the time of his divorce comedian and game show host Steve Harvey was widely portrayed as the Bad Guy. Now, according to E! Online, newly released legal documents appear to paint a somewhat different picture. The story is a cautionary tale for couples going through an Orange County divorce: a reminder of the degree to which a seemingly closed case can return to make one's life difficult.
Harvey and his wife second Mary divorced in Texas in 2005 after ten years of marriage. Last month - more than a half-decade later - she took to YouTube with what E! calls a "lengthy, vitriolic" rant alleging that he cheated on her, alienated their son and left her broke and homeless. The entertainment magazine/website reports that Harvey, to his credit, refused to respond in kind, and instead went back to court seeking the temporary suspension of a gag order imposed on both sides as one condition of the couple's settlement.
The verdict is that if Mary is now destitute she clearly has no one but herself to blame. The papers document four years of support at the level of $40,000 per month, followed by a one-time lump sum payment by Harvey of $1.5 million. As for being homeless, she received three (yes, three) of the couple's homes under the terms of the agreement.
Settlement papers, of course, do not render a similarly definitive verdict on accusations of infidelity or parental alienation, but E! notes that Harvey denies both charges. He has primary custody of the couple's 13-year old son and also has three children from his first marriage, E! reports.
Harvey's obviously painful, very public, post-divorce odyssey is a reminder of the important role your divorce attorney, here in Orange County or anywhere else, long after a case, and a marriage, seem to be over. Ex-spouses sometimes return with new demands (or, like Michael Douglas' ex, Diandra, novel twists on old ones), or seek to have old issues reopened in light of changed economic circumstances. An Orange County divorce attorney's help does not stop once your case is concluded. A good lawyer will always be there to help defend a client if a bitter ex-spouse seeks to re-litigate a California divorce settlement after the fact.
E! Online: Steve Harvey Not Such a Wife-Ruining Jerk, After All
Posted In: Divorce, Parental Alienation, Spousal Support
Father Charging Parental Alienation Hires His Own Demonstrators
September 29, 2010, by David P. Schwarz
There is no question that Orange County parental alienation can be both emotional and frustrating, particularly for fathers who may come to believe that our court system does not do all it can to protect California and Orange County fathers' rights. In Florida at the moment, however, a case is playing out that offers a painful example of personal frustration running out of control.
According to a report in the Daytona Beach News-Journal, James Wardner has grown so incensed with what he believes is unfair treatment by the courts in a custody battle over his five children that he has hired protestors to picket both the county courthouse and the offices of his ex-wife's attorneys.
According to the paper, Wardner, a dentist, and his wife divorced in 2004. Since then he has seen his child support payments rise from $1800 per month to "just under $4000." During that same period, the paper reports, "he claimed in court documents that his ex-wife systematically tried to cut him out of their children's lives." He is currently involved in a legal battle with his ex, seeking either full custody of the children or a significant reduction in his child support payments. A psychologist hired by Wardner concluded the children's mother "engaged in a deliberate campaign to alienate the children from their father," - a charge she denies.
Without wanting to try weighing the merits of competing claims by ex-spouses a continent away, it does bear saying, however, that hiring day laborers to stand outside the courthouse holding signs saying (among other things): "Do not throw your $$$$ away on attorneys - fathers have no rights in this courthouse," is probably not the best way to win sympathy from either judges or the public at large.
Here in Orange County, parental alienation is a problem that can haunt fathers for years. Courts may sometimes be agonizingly slow, or seem unresponsive, but confronting them with hired protestors is not the answer. The advice and legal representation offered by an experienced Orange County fathers' rights lawyer is your best defense against the emotional trauma of parental alienation. Someone who understands your needs, and will fight for your rights, can be your most important ally when facing a contentious Orange County divorce or child custody battle.
Daytona Beach News-Journal: Father in lengthy custody battle hires protestors to vent
Posted In: Parental Alienation
Not the Way to Handle Your Divorce
September 24, 2010, by David P. Schwarz
An Orange County Divorce can be a difficult, emotionally stressful, experience. A recent case from New York, however, can be seen as a cautionary tale: listen to sound advice from your attorneys, don't let the pressure get to you and, above all, if you feel as though you are about to crack - get some help.
The case I am referring to concerns Anthony Chiofalo who, according to the New York Law Journal, has been involved in a contentious divorce proceeding since 2005. The Journal reports that he first crossed a line when he violated a protection order a court had issued to keep him away from his estranged wife and children. Then, having moved here to California, he began sending obscenity-laced messages not only to his wife but to "her lawyer, his sons' law guardian and the law clerk assigned to his divorce case."
Chiofalo - himself an attorney - did all this against the explicit advice of his own lawyers and has now had his law license suspended for two years (a penalty that was, in fact, harsher than the censure prosecutors requested, according to the Journal).
It is undeniable that the collapse of Chiofalo's world must have been an intense and stressful experience. Divorce lawyers, however, are there to offer sound, measured advice - even when clients are attorneys themselves (Chiofalo specializes in corporate, not family, law). Even if you feel, as Chiofalo apparently did, that your case involves issues of parental alienation and an ex who is not acting in good faith, there is much to be gained by listening carefully to the advice an experienced Orange County, Los Angeles or other Southern California family law attorney has to offer.
Violating a court's order is never a good idea. Nor is confronting an ex in ways that only provides him or her with evidence to use against you as an Orange County divorce proceeding makes its way through the courts. The advice of an experienced Orange County family law attorney can be the key to obtaining justice while retaining control over the most important aspects of your personal life.
New York Law Journal: Lawyer facing divorce gets suspended for sending 'Hostile' messages
Posted In: Divorce, Parental Alienation, Restraining Orders
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Orange County Child Custody Case for Baby Vanessa Reaches a Possible Turning Point
September 3, 2010, by David P. Schwarz
According to a report in the Orange County Register, a key hearing is scheduled to take place in Orange County Family Court today in the 'Baby Vanessa' case. As I have outlined in earlier posts here and here, this complex Orange County father's rights case involves a Rancho Santa Margarita woman, Stacey Doss, who adopted Vanessa, now age 2, shortly after the child's birth.
Doss was told by the child's birth mother that the baby was the born as the result of a one-night stand and that her father wished no involvement with the baby. In fact, the father, Benjamin Mills of Dayton OH, had an on-and-off relationship with the birth mother who had not, it emerged, told him she was pregnant. Mills sued for custody of his daughter, with Doss countering that she is the only parent Vanessa has ever known and that parting the two would be too traumatic for the child. Over the summer Mills' mother, who is raising his two other children, also petitioned for custody of Vanessa.
Now, the Register, quoting a spokesman for Doss, reports that custody negotiations between Doss and Mills "started Wednesday and continued Thursday with no resolution." The timing is crucial since, the paper notes, "a court hearing Friday will determine if mediation will continue or if the custody case will go to trial." A custody hearing was originally scheduled to take place in Ohio early next week but has, for the moment, been "put on hold", according to the paper, pending the outcome of these talks.
Orange County father's rights, custody and adoption and questions of parental alienation have all come into play in this case. All these, in turn, serve as reminders of the importance of having an experienced Orange County family law attorney on your side when undertaking any legal matter. The justice system can be complex and confusing. Cases like Baby Vanessa's, which stretch across state lines, can be especially complicated. Having an Orange County child custody lawyer in your corner is an essential in protecting your rights.
Orange County Register: Talks held in 'Baby Vanessa' custody fight
Posted In: Custody & Visitation, Family Law, Father's Rights, Parental Alienation
Orange County Child Custody: What is Parental Alienation?
August 19, 2010, by Winiviere G.
A common trend in couples going through a heated Orange County child custody battle is one parent's parental alienation of the child against the other parent. Parental alienation occurs when a child expresses unjustified hatred or unreasonably strong dislike of one parent, making access by the rejected parent difficult or impossible. The feelings of the child may be triggered by the other parent's negative comments. For example, if one parent "bad-mouths" the other parent in the presence of the child, the child will likely be influenced by that parent's negativity. This causes the child to dislike the parent being talked down upon.
Often times couples going through a divorce forget about the children involved and usually seek "revenge" against the other spouse without consideration for the welfare of the children involved. Obviously, such tactics are not in the best interest of the child. When going through an Orange County divorce proceedings, it is best to keep the children out of the situation and to keep the issues strictly between the divorcing couple.
Parental Alienation has drastic effects upon a child and in some cases, it takes years for the child to recover. You can read more on coping and recovering from parental alienation here.
For more information on parental alienation, contact an Orange County child custody attorney for more information.
Source: Parental Alienation
Posted In: Custody & Visitation, Parental Alienation
Ex Parte Applications in Orange County Superior Court
August 2, 2010, by Winiviere G.
Are you involved in a physically abusive relationship? Has your life been threatened by your spouse? Are your children unsafe living with your spouse because he or she neglects or abandons the children? If you answered to yes to any of these questions, filing an Ex parte application may be a way to resolve your problems.
Filing an Ex parte application with a Los Angeles or Orange County court is essentially requesting that the court hear your case on shortened time (or sometimes, without notice to the other party) due to the presence of an "emergency" or "irreparable harm" situation. Typically, such ex parte applications involve child custody matters (i.e. child is in danger or has been abducted), domestic violence matters (i.e. physical abuse, violence or attack) or any matter warranting an "emergency" hearing. Pursuant to Orange County Rule of Court 704C, "ex parte relief will be granted only upon a showing of irreparable harm . . ."
As an example, if Dad discovers that Mom is abusing drugs and/or alcohol, neglecting her duties to care for the children such as forgetting to pick up the children or failing to provide them with food, clothing etc., and if Dad believes the children are in danger if they continue to reside with Mom, Dad may petition the court for Ex parte relief to obtain custody of the children.
As another example, if Husband and Wife continue to reside together in the family residence and Husband physically attacks Wife on a regular basis, emotionally abuses Wife, or threatens her life, Wife may seek an Ex parte request for a domestic violence restraining order.
If any of these situations sound familiar to you, be proactive and contact an Orange County divorce attorney for assistance.
Posted In: Court System, Domestic Violence, Parental Alienation, Restraining Orders
Orange County Custody May be Affected by Medical Marijuana Use
June 23, 2010, by David P. Schwarz
An Associated Press article that has been republished throughout the national media this week notes a growing trend in custody cases here in California and elsewhere: claims by one spouse/ex-spouse that medical marijuana use by the other renders that person an unfit parent.
Though focused mainly on Washington state, the piece quotes a representative of a California group, Americans for Safe Access, saying "her organization has received calls about 61 such cases" over the last four years.
Southern California child custody and visitation cases are often contentious. Parents play hardball with one another over Orange County, Los Angeles County and San Bernardino child custody issues. It is often only through aggressive legal representation that accused parents can avoid situations that rise to the level of California parental alienation and maintain the kind of relationship with their children that they want and deserve. The AP article cites several instances of fathers or stepfathers reduced to limited or supervised visitation with their children because they are medical marijuana patients. These court rulings have been issued despite a specific provision in Washington's medical marijuana law mandating that authorized users "shall not be penalized in any manner, or denied any right or privilege."
As the article details, these California and other state child custody disputes tend to turn on two issues: potential substance abuse and federal versus state law. Just as a judge can take alcohol abuse into account when determining custody, despite the fact that alcohol is a legal substance, so judges in states where medical marijuana use is permitted have the ability to consider accusations by one parent that the other is abusing the drug. Beyond that lies the fact that whatever various states say, marijuana use remains a crime under federal law. Though the feds have largely chosen not to pursue such prosecutions, this fact that marijuana use remains forbidden can leave parents involved in California custody disputes in a legal grey area if they are also medical marijuana patients.
These difficult issues are the kind of problems best addressed with the assistance of an experienced Orange County family law attorney. Medical marijuana and other potential substance use/abuse issues can be complicating factors in any Southern California child custody dispute. The best way to address them is with the help of an Orange County child custody lawyer who can defend your interests aggressively and, in doing so, help you maintain the substantive, loving relationship with your children that you deserve and they need.
AP: Medical pot can cost parents in custody disputes
NBC Bay Area: Medical marijuana weighing on child custody disputes
Posted In: Custody & Visitation, Parental Alienation
Parental Alienation Ruling Sends Mixed Signal
June 9, 2010, by David P. Schwarz
The latest round in the continuing struggle over parental alienation and father's rights is being fought on Long Island, but contains lessons for Orange County parents battling California parental alienation.
According to a report by WCBS-TV, a Long Island judge has sentenced a woman to alternating summer weekends in jail for alienating her two daughters from their father, in the process denying him child visitation rights. On one occasion the mother also falsely accused the father of molesting one of the girls. "Right now, the children want nothing to do with me," Ted Rubin told the New York Post. According to the paper, Rubin's ex-wife Lauren Lippe was found guilty of numerous violations of the couple's joint custody decree.
The victory for this long-suffering father can be taken to heart by other fathers dealing with difficult, sometimes impossible, divorce situations. According to WCBS, Rubin and Lippe divorced in 2003. Rubin says the problems began almost immediately (the couple's girls are now ages 13 and 15), and has reached a point where they now tell him their stepfather, is their "real father".
According to the Post the judge blamed the mother for "deliberately alienating" the girls from their father. One has to ask, however, whether six summer weekends in jail is really going to change this pattern of behavior. News reports indicate that Rubin will take care of the girls while their mother is in prison, but they also create an impression of damage that runs so deep that it can hardly be undone over the course of a few summer weekends.
Here in California, where parental alienation and father's rights were debated by the legislature earlier this year, the New York case can serve as a reminder of the difficulties Orange County fathers can have obtaining justice from the court system. A Southern California father's rights attorney can be one of your most important allies in your fight for justice and the relationship with your children that you want and deserve. The court system can often seem to be stacked against fathers. An Orange County parental alienation lawyer can help you fight the system.
WCBS-TV: Ex-wife gets jail for alienating kids from dad
New York Post: Shrew ruined dream life
Posted In: Father's Rights, Parental Alienation
Source:
http://www.orangecountydivorcelawyerblog.com/parental-alienation/