Mom Must Pay $195,000 in Fees for Custody Battle in Fulton County

Greg Land

Daily Report

2014-01-02 00:00:13.0

The judge overseeing a child-custody battle that brought demonstrators to the Fulton County Courthouse twice this year in support of the mother has made a permanent his decision to keep the 11-year-old child at issue in the father's custody.

Judge John Goger of Fulton Superior Court also ordered the mother to pay $195,513 in attorney fees for pursuing child-abuse allegations against her ex-husband that the judge deemed not credible.



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Although this was not our case, we appear in front of this judge recently.  In a case that had similarities to this one, the judge kept custody with my client, the father, and ordered the mother to pay $12,000 in attorney's fees.   The court is sending a clear message about litigants who attempt to abuse the process.

Father looks to regain custody in international dispute

On behalf of Regina Edwards of Edwards & Associates, Family Law Attorneys posted in Fathers' Rights on Tuesday, November 19, 2013. 

Anyone who has been through divorce knows that proceedings can become especially emotional when discussing matters of child custody. Of course, both parents probably agree that custody and visitation decisions should be made to protect the interests of the children, but it can be hard to find points of agreement when caught up in negotiations.

In the midst of custody disputes, parents sometimes make unfortunate choices. This is what appears to be happening in the case of a Colorado father who is trying to get his children back from Argentina. The man's ex-wife defied custody orders by taking the children and removing them from the United States.

About four years ago, the man and his wife were trying to settle their divorce on civil terms because they knew it would be best for their young children. However, the wife falsely accused her husband of being abusive to gain the upper hand during proceedings. As it turns out, the family law judge determined her claims of abuse weren't true and he awarded the father primary physical custody.
Only weeks after the judge's order was handed down, the mother ignored it and took the two kids to Argentina. Now, the man is looking to have his parental rights upheld, but he has to deal with the complications presented by international law.

Thankfully, both the United States and Argentina have signed onto the Hague Convention, which provides guidance in cases of international abductions and custody disputes. Though the case might be covered by this international legal convention, regaining custody in these circumstances is not a simple task.

Of course, not every couple deals with this kind of situation when adjusting to child custody orders. Still, it might be challenging for parents to come to terms with each other. This is why it can be helpful to determine what legal options exist and work with an experienced attorney to reach a mutually beneficial arrangement.

Source: The Huffington Post, "Dennis Burns Waits For Argentinean Supreme Court To Rule On Return Of Abducted Daughters," Nov. 12, 2013

Tags: Divorce, child custody, dispute

Usher wins custody of sons.

Today, a court in Fulton County awarded Usher Raymond custody of his two young sons.  Although numerous media outlets reported on the more sensational aspects of the case and revelations during the case, we cannot speculate as to all the evidence the judge heard.   The judge considers many factors in arriving at the difficult decision to switch custody.  What this case does tell us, though, is that given the right set of circumstances, fathers DO have rights to custody and can win, even when the mother is fit.

Regina

When it's time to divorce, put your children first - really.

On behalf of Edwards & Associates posted in Custody on Wednesday, January 18, 2012

You've probably heard it before: the reminder that when it comes to divorce, it's important to consider your children. Most people claim to want what's best for their kids, and in their hearts, they do. But in practice, particularly during divorce proceedings, this can be frustratingly difficult.

Child custody is just one of the details you and your soon-to-be ex need to work out as you prepare for your new lives apart. Although the days when custody was automatically awarded to the mother are long behind us, mothers are still more likely to be granted primary custody, and fathers often fail to stand up for their rights.

It's important to keep in mind that unless either of you has shown to be an unfit parent, children greatly benefit in the long term from having relatively equal time with both parents. Too often custody is used as a tool to exact revenge on a spouse, and while it may initially feel good for the parent awarded custody to hold that judgment over the other parent's head, in the end, it's your child who suffers most, not your spouse. At the same time, remember to stick up for yourself before assuming you won't get as much time with the kids as your ex.

Accompanying the issue of custody is child support. In the state of Georgia, child support is usually calculated using the incomes of both parents along with the amount of time their children spend with each. But what if custody didn't enter the equation, and the amount of money each parent had to work with was settled without that tug of war? If custody and support were determined separately, there might be less fighting over both.

Speaking of fighting, many parents believe that they're effectively hiding their emotions about the divorce from their children. But keep in mind how perceptive kids can be without talking directly to them. They hear you on the phone, in the next room, complaining to your friends or to yourself about your ex. Divorce almost always has a long-term negative effect on children. Your job as their parent at this time is to lessen that negativity in whatever way possible. That means both you and your ex need to treat each other as respectfully as you can, and to truly put your child's feelings ahead of your own.

The end of your marriage doesn't have to spell the end of good times for anyone -- you, your spouse or your children. But you as a parent are responsible for ensuring that the details of your divorce, whether it's time (child custody) or money (child support), don't get in the way of a happy childhood for your son or daughter.

Source: Huffington Post, "Divorce + Child Custody = Epic Failure," Ken Solin, Jan. 17, 2012

Single fathers successfully lead many households in Georgia

On behalf of Edwards & Associates posted in Fathers' Rights on Thursday, July 14, 2011

Fathers play a crucial role in raising children, and data from the U.S. Census backs that up. Census data showed that Georgia fathers are taking child custody following divorces and legitimation proceedings at an increasing rate. Families led by single fathers shot up 45 percent in the recent census. Those headed up by single mothers took a 35 percent hike in the last decade.

This trend is not unique to Georgia. Since 1990, the number of single dads has shot up from 1.5 million to 2.79 million. This figure does not include the number of gay men that are raising children and cannot officially marry, thus slightly skewing the figure. However, this is also an issue involved with calculating the number of families led by single mothers.

Professionals attribute this trend to the fact that society may be bucking traditional gender roles that state men focus on work and women base their daily lives around raising children. Men are finding themselves capable of becoming the primary caregiver to their children, and not designating that role for a woman.

At the same time, a number are women are discovering that they don't need- or in some cases, necessarily want - to be the sole provider for a child when a marriage disintegrates.

The increase also speaks to the fact that Georgia courts are becoming more open to giving child custody to a man. Experts say that there is little difference between single mothers and fathers as they face similar responsibilities and time constraints.

As the census data demonstrates, the important roles fathers play is becoming increasingly recognized by Georgia courts and society as a whole.

Source: Atlanta Journal-Constitution, "More single dads in charge," Gracie Bonds Staples, 18 June 2011

Grigorieva to drop charges against Mel Gibson

On behalf of Edwards & Associates posted in Custody on Friday, May 20, 2011

As Mel Gibson and his ex-girlfriend Oksana Grigorieva fight their child custody battle, ugly personal conversations and events have been made public. Early in the case, Grigorieva pursued domestic violence charges against Gibson. However, Grigorieva has recently decided to drop these accusations. The couple's problems have not been much of a secret. As with many cases in the public eye, private conversations and interactions have been made public through the media.

Grigorieva says she dropped the accusations to show that she is able to be a good co-parent to the child, as the couple is currently working on a co-parenting plan. To show good faith, she is also looking to have the restraining order against Gibson lifted, so the two can once again have contact.

Gibson never admitted to the domestic violence charges, but did enter a "no contest" plea to one battery charge from last year. He will be undergoing 52 weeks of anger management counseling, and the plea allowed him to avoid admitting guilt.

Even though many things have been leaked, most of the details of the case and the sheriff's investigational findings into the couple's relationship have been tightly sealed. Attorneys on both sides state that they do not wish to make this personal information public because of the affect doing so might have on the couple's young daughter as they continue the custody battle. Because of this tight secrecy, many rumors about the couple have surfaced, and no one is sure whether Grigorieva plans to pursue a civil suit against Gibson once the custody arrangement has been determined.

The child custody dispute between Mel Gibson and Oksana Grigorieva demonstrates how difficult child custody issues can be to resolve. Thankfully, not every child custody case is as high profile or as public as their case is. Nevertheless, every child custody dispute is important. Every child custody case presents its own unique issues and requires its own unique solutions. If you have questions about a child custody issue, an experienced family law attorney can help.

Source: CNN, "Mel Gibson's ex-girlfriend drops domestic violence accusations," Alan Duke, 5/5/2011

Public opinion supports equal child custody rights for fathers

On behalf of Edwards & Associates posted in Fathers' Rights on Tuesday, May 3, 2011

In the past, we have discussed the outdated myth that child custody disputes should usually be resolved in favor of the mother. In Georgia, family law judges are required to consider the best interests of the child first and foremost. The use of the best interests of the child standard demonstrates that there has been progress made towards making custody decisions more gender neutral. However, concerns remain about how gender bias can affect fathers' rights in child custody cases and the law is often slow to change in order to catch up to prevailing views in society.

Recent studies are showing that public opinion is growing increasingly in favor of equal custody rights for both fathers and mothers.

The studies were conducted by psychology professors and students at Arizona State University. In one study, the researchers analyzed the results of elections and public opinion polls and found that there is now great public support for dividing child custody equally between both parents.

A second study went even further by questioning prospective jurors in a local jury pool. The study gave the jurors a series of hypothetical situations and asked the jurors how they would divide child custody when both parents were requesting as much time as possible. In one hypothetical situation, the mother provided 75 percent of childcare duties before the divorce. In the second hypothetical situation, the father provided 75 percent of the childcare duties. In the third hypothetical case, the mother and father divided childcare responsibilities 50-50.

The researchers found that the jurors strongly favored equal child custody for both parents. In the hypothetical case with the 50-50 split, 69 percent of jurors favored equal child custody rights for both parents. Of the rest of the respondents, almost all of the jurors favored having the child live with the mother and spend a lot of time with the father.

Interestingly, the prospective jurors favored equal time even in the hypothetical cases involving a 75-25 pre-divorce division of childcare responsibilities. The study also found no difference of opinion between male and female respondents in the study.

This study is good news for advocates of fathers' rights in that it indicates that public opinion is solidly in favor of an equal division of child custody rights when all other factors are neutral. However, it is important to note that child custody decisions are often made by judges and not by jurors. Judges must consider the best interests of the child when they make child custody decisions. Therefore, it is very important for parents to put their best cases forward by working with an experienced family law attorney when they are faced with a child custody hearing.

Source: Medical News Today, "Public Favors Equal Custody For Children Of Divorce," 5/3/2011

Halle Berry says judge was needed to resolve child custody case

On behalf of Edwards & Associates posted in Father's Rights on Tuesday, April 26, 2011

Halle Berry had been with her boyfriend, Gabriel Aubry, for about 4 years when they broke up about a year ago. The couple never married. At the time of their breakup, it appeared that they were trying to end their relationship amicably. However, the issue of child custody was not easily settled.

In 2008, Berry and Aubry had a daughter together. In December 2010, Aubry filed a petition in court seeking to have his paternity over their daughter legally recognized. This was a necessary step for Aubry because the law does not automatically recognize a father's rights if he never marries his child's mother.

After several months of legal maneuvering, Halle Berry recently announced that she and Aubry have resolved their child custody dispute peacefully. In an interview with Extra TV, Berry expressed her relief at resolving the dispute in a peaceful way and she added that the fight was never about whether or not Aubry would be able to spend time with their daughter. However, it appeared the couple was at an impasse and needed help to reach a resolution.

When recently announcing a resolution had been reached, Berry said, "We both know a child needs both her parents. But what I want to say about it is sometimes, as a couple, you reach an impasse. We needed a court and a judge to help us work out some of the delicate issues, and I'm so happy we've arrived at that place." Berry has not publicly disclosed the details of her child custody agreement.

The child custody dispute between Halle Berry and Gabriel Aubry is an example of how couples can reach an amicable resolution through the court system. Although it appears that they agreed on the general issues in their case, they needed the help of the legal system to work out the details.

Source: Press Association, "Halle's happy custody resolution," 4/22/2011

Tags: Gabriel Aubry, Halle Berry, child custody, fathers' rights, legitimation

Abducted child found in Europe and returned to her father

On behalf of Edwards & Associates posted in Father's Rights on Thursday, April 14, 2011

Parental child abduction is a very serious issue that affects fathers' rights and the child custody rights of parents in Georgia and across the country. The problems of parental child abduction become significantly more complex when a parent takes a child out of the country in violation of a child custody order.

In the past, we have written about the problems many fathers face when their child is taken to a country that has not signed the Hague Convention on Child Abduction, which is an international treaty that requires recognition of valid child custody orders across international boundaries. Now, we are seeing reports of a story that demonstrates how international parental kidnappers are treated when a foreign country recognizes the Hague Convention.

A five-year-old girl who was abducted by her mother was missing since June 2010 has been safely returned to her father, Bijan Richard. The girl's mother had taken the girl during a parental visit and left the country. Richard received word from an informant in Germany who met the girl's mother. She told the informant conflicting stories about Richard, so the informant did some research on the internet and found that the girl had been abducted away from her father.

Acting on the informant's tip, Richard recently traveled to Germany to find his daughter, only to return to the U.S. after being unable to locate the 5-year-old girl. Last Wednesday, Richard received a call from his attorney. His daughter had been found and her mother was in police custody.

Richard flew back to Germany and met his girl for the first time in almost a year. She flew into his arms and yelled "Daddy!" Richard remarked it was almost like the day she was born all over again. Richard missed the last 10 months of his daughter's life, but he is grateful that she is now home where she belongs.

Meanwhile, the girl's mother is facing felony charges of violating a child custody order. She is presently in custody in Germany and is awaiting extradition to the United States.

Source: KWGN, "Abducted Littleton girl, 5, found in Europe, mother faces charges," Tammy Vigil, 4/12/2011

Tags: Father's Rights, Hague Convention, child custody, interference with custody, parental kidnapping

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Charlie Sheen's creative child custody agreement

On behalf of Edwards & Associates posted in Custody on Wednesday, April 13, 2011

Following the divorce of Charlie Sheen and Brooke Mueller, the two have reached a child custody agreement in what was expected to be a long and bitter battle between the two. In the tiered agreement, Sheen will get the twins every other weekend during the first 60 days. In the following 60 days, Sheen will have the boys an extra day each week. If all goes well, the remaining time will include time with Sheen every other weekend as well as Wednesday morning through Thursday morning.

One of the most important issues of the custody battle was the question of both parents' stability and ability to bring the boys up in a healthy and nurturing environment. The creative custody agreement required that each parent submit to a random drug test three times monthly. In addition, both parents must employ a nanny that will be present with them when they are spending time with their children.

In terms of Sheen's girlfriends, or "goddesses," they are not permitted to show any signs of affection to the children in public. Otherwise, they are allowed access to the children. Finally, neither Sheen nor Mueller are permitted to be photographed with another romantic partner with the twins present. This photograph clause includes Sheen's "goddesses."

This child custody agreement shows how family law attorneys can incorporate creative solutions into child custody agreements when couples are faced with tricky and potentially devastating custody battles following a divorce. If Sheen and Mueller let this matter be decided by a judge alone, the terms of child custody and visitation would likely have looked quite different.

Source: US Magazine, "Charlie Sheen, Brooke Mueller Reach Custody Agreement," 4/2/2011

Tags: charlie sheen, child custody, settlement agreements, visitation

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Gender bias and fathers' rights in child custody cases

On behalf of Edwards & Associates posted in Father's Rights on Friday, April 1, 2011

An outdated myth involved in child custody cases is that parenting is instinctive and that it is a unique instinct found only mothers. The misconception that women are more qualified to be good parents places unfair expectations on mothers and the misconception diminishes a father's rights in child custody cases.

Courts are legally obligated to address the best interest of the child during custody cases. However, gender bias has still been known to exist, allowing custody case outcomes to sometimes favor the woman while disregarding the child's best interests.

Countless family lawyers have expressed concern over this issue stating that gender does not dictate the parenting abilities of an individual. Women should not be presumed to be a nurturing caretaker solely based on gender, and men should not be presumed to be emotionally distant or inattentive. Some lawyers have stated that, in child custody cases, the individual skills of the parents are often overlooked in favor of outdated beliefs about gender.

Unfortunately, the visitation rights of fathers can be affected by previous issues with the mother. Family lawyers have reported seeing caring, loving and involved fathers receive constricted visitation rights due to the actions of an aggressive attorney and a bitter ex.

Child custody decisions should always place the best interests of the child first and many fathers are the best possible caregiver for their children. When gender bias plays a role in child custody cases, it damages the lives of children by not considering their best interests.

Attorneys who specialize in advocating for fathers' rights understand the unique difficulties a father can experience in a child custody case. If you are a father who wants to be involved in your child's life, an experienced fathers' rights attorney can help.

Source: The Huffington Post, "The "Y" Factor: Gender Bias, Child Custody And The Great Parenting Myth," David T. Pisarra, 3/28/2011

Tags: child custody, fathers' rights, gender bias

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