July 2015 - Triangle Divorce Lawyers

Monthly Archives: July 2015

Kelly Rutherford’s child custody case

Rutherford is fighting to regain custody of her two children from their father, who has been living with the children in Monaco since 2013. She and the father had joint custody of the children before the father lost his visa and a California judge ruled that the children should live in Europe with him. The father has not been allowed to re-enter the United States with the two children since his visa was revoked.

To see the children, Rutherford has been traveling to Monaco to visit. The father has been encouraging the children to have a good relationship with Rutherford, according to his attorney. Rutherford has not been accused of doing anything wrong in regard to the children or the custody case.

Child custody cases are generally decided according to the best interests of the children. Most judges believe that being able to see both parents as much as possible benefits a child, absent accusations of abuse or neglect. This case is unique because there are not many prior cases of one parent being denied access to their children because the other parent has been forced to live outside the country. Parents are denied custody of their children for many other reasons, such as accusations that one parent is unfit. A parent who wants custody or more visitation with their children may wish to consult an attorney who has experience in this type of family law matter.

Kardashian breakup raises child custody questions

Family law courts will consider evidence of substance abuse in determining parenting arrangements, but a history of substance abuse is not necessarily a bar even to physical custody. Indeed, most courts presume that spending time with both parents is in the best interests of the child, and they prefer arrangements that may maintain or strengthen parent-child relationships.

A judge may order supervised visitation or mandatory drug testing in cases where a parent has a history of substance abuse. Courts may issue similar orders in cases where a parent has a history of criminal behavior, spousal abuse or mental illness. The judge has the power to structure custody and visitation in a way that protects and promotes the best interests of the child and may consider any factor from employment history to whether one parent is likely to speak ill of the other in front of the kids.

Child custody decisions are heavily fact-dependent and may vary widely from case to case, but a parent’s history will very rarely be a bar to contact. An attorney with experience in family law may be able to review the facts of a particular case and help a parent anticipate and prepare for a custody argument. An attorney may be able to negotiate a child custody arrangement agreeable to all parties or develop a strategy and argue on behalf of a parent during family court proceedings.

Prenuptial agreement guides divorce of Google co-founder

The co-founder is reportedly worth about $30 billion, but his divorce settlement was not publicly revealed. As for his company, the divorce does not appear to have any impact on ownership or operations. In 2013, the couple separated. There have been reports that the co-founder had a relationship with another woman at Google.

Google remains an investor in 23andMe, the human genome company founded by the co-founder’s former wife. Under her leadership, the company raised $110 million. Her sister, who was among the first employees at Google, continues to be in charge of its YouTube business. The divorced couple has two children, and they maintain separate residences in California. Parenting duties and child custody appear to be shared.

Although this high-profile couple had a prenuptial agreement, their high-asset divorce likely required additional legal support because the agreement would only serve as the foundation of the final divorce terms. A person beginning the divorce process might seek an attorney to help with tasks such as asset valuation and division of retirement accounts. Additionally, an attorney could inform clients about rights and obligations concerning the division of property and child support. In high-asset separations, the division of assets could become complex when multiple business interests and offshore accounts are present. One could also consult with an attorney if challenges arise to a prenuptial agreement.

Source: Business Insider, “Google founder Sergey Brin and wife Anne Wojcicki have gotten divorced,” Alyson Shontell, June 23, 2015