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Parental Move Away/Abduction: Entrepreneur Wins Custody Of Missing Child

Big Jake won contracts for his trucking company by the force of his many contacts flowing from his Southern California roots. But his self marketing talents were eclipsed by his self maintenance skills aided by his baseball glove sized hands that, creased by wrench grip scars from the multitude of in flight maintenance diesel repairs this gentle giant of German English ancestry managed through his 50 year company history — hauling newsprint for his California based publishing company clientele — equipped his Kenworth fleeted tractors well for dependable, on-time reliability. And given his wide set baby blue eyes and shock of blond brown beach boy surfer hair, our six foot four two hundred thirty pound client not surprisingly fathered the most delightfully pert seven year old Goldilocks like girl in the county.

How she adored her daddy!home content img1 150x150 Parental Move Away/Abduction: Entrepreneur Wins Custody Of Missing Child

So much so that jealously framed mother’s agenda to rip into the heart of our latter day Paul Bunyan by stealing away in the night with little Rebecca in tow of her Berkeley- Doctored new mate to the Greek Islands for his post doctoral research project enveloping the demise at the hands of Scipio Africans, his hero and his target of historical focus — Hannibal of Carthage.

But we cut off our bespectacled wasp with his anxious entourage at the boarding gate with the Vista Family Court’s restraining order recorded with the US Department Of Justice tagging Rebecca’s passport!

And Mother’s Mr Peepers bolted with Rebecca and Mother into darkness somewhere east of Raleigh and north of Savannah.

That is, until or gentle giant landed an overland cross-country consignment bound for Philadelphia with restraining orders in his glove box.

Soon afterward, and southbound for Tallahassee, our law firm’s investigator spotted Rebecca’s caravan in Southern Georgia, eight months to the day of Rebecca’s disappearance from her Oceanside California home. The hunt was on.

Our Midwest connections with the Chicago Tribune’s law firm led to legal connections in Tallassee where our new co-counsel having the local banking industry in legal lockstep identified Mr. Peeper’s newly opened Tallahassee bank account and his local motel address, where sharply early the following morning over-nighted orders were served requiring court surrender that very day.

Big Jake had meantime been storming his lighted rig, freed of it’s delivered cargo’s weight, south east to Florida. Contemporaneously or firm’s on sight PI kept watch at a respectful distance as the flushed prey efforted an escape west bound towards the Panhandle across north Florida – Mississippi Bound, our glue foot racing to the rear in chase.

But our over-educated, mental Mensa-man and his maul chose both the wrong weekend and the wrong Mississippi town for cover. For it was the very Saturday in December that Florida defeated arch rival Alabama, and Mississippi State beat Oklahoma!

Meridian, Mississippi and Tallassee were all in sleepless celebration mode.
Rebecca’s Tallahassee court issued restraining order was delivered by wire to a hoop hollering Meridian judge who alerted his wide eyed police chief early Sunday morning and the itinerant band and their Mercedes and RV fleet were seized and placed in the local caboose.

Rebecca, herself, spent that Sunday at the Mayor’s plantation home in honor of his alumni status with the Florida judge issuing the over-nighted Florida arrest citation — Florida State had been their mutual Alma Mater!

Meantime Big Jake had swung his broiling hot, diesel powered behemoth West from Tallahassee towards the Deep South, escorted by two Florida State Trooper squads by-passing the required checkpoints towards his beloved Rebecca.

Come Sunday Noon, yours truly was conference calling from my La Costa kitchen phone with Peeper’s newly retained Florida counsel arranging with the stern encouragement of two reunited alums of Florida State School Of Law, the assignment of Our Mr Big Hands of Sandy Hair as special deputy to personally escort Rebecca and her felon former parens patriae back to Tallahassee for arraignment with Rebecca delightedly reunified sitting shotgun aboard Big Jakes smokin big rig enroute for a Tuesday afternoon court Hearing.

Early Wednesday morning beaming Rebecca was released into her daddy’s care for her return to Oceanside while her former travel companions remained behind pending a preliminary hearing and trial.

Following further California proceedings Rebecca was returned full time into her father’s care and 15 years later earned her psychology degree — from UC Cal, where else!

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The Future For Fathers

20120215 101715 The Future For Fathers

Our little men today will be Fathers tomorrow. In an America challenged with unemployment and recession we hold dear to the over arching guiding light that as our generation struggles with the adjustments promoting individual liberty and elimination of bias, we balance our reach to climb having regard for those after us clinging to our shoulders. The new world promises better. For professionals today the call from tomorrow should be audible every time a child is left behind, every time a child is denied the love and compassion of both parents – and both parents’ extended families. Too often in our experience children of divorce are trapped between the unbending milieu of overcrowded dockets and new judges in training and overwhelmed social services managing the child custody and visitation issues involved.
Advocates for change must emphasize to the Legislature, Governor and Judiciary that professionals trained as family lawyers be promoted to the bench, not lawyers trained as prosecutors and civil attorneys for whom family law assignments are tedious, unfamiliar and unpopular.
The little ones deserve better from us.

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Parental Alienation Syndrome

home content img2 150x150 Parental Alienation SyndromeDr Richard Gardner, Professor of Child Psychiatry, Columbia University, testified for law firm client, physician and father of three young girls, that mother’s tactics to deny father custody constituted a mild form of parental alienation. Rather than excuse mother, Dr Gardener testified that her persistent and pressured tactics to remove the children from their father — including her having feigned a trip to Disneyland for a flight to New York to secretly relocate — had actually failed to break the bonds of attachment between father and daughters explaining that father’s resistance and legal challenges to mother’s relentless campaign to estrange his children from him had provided antidotal relief to what otherwise would likely have estranged the children from him completely.

Dr. Gardener’s seminal work first published in his book, False Claims Of Abuse And Parental Alienation, has continued to attract derisive criticism and outright character assignation by supporters of women’s rights groups to relocate freely with children after divorce even when depriving fathers of access to meaningful roles in their relocated children’s new lives. Dr Gardener likened the phenomena to converting the left behind father to little more than a distant uncle for his estranged children.

Dr Gardener explained that the research data showed that the offending mother’s motivation to distance her children was often rooted in anxiety following the paradigm shift in the legal doctrine formerly presumptively favoring mother’s custody to the modern best interests and welfare standard that places great emphasis in mutual parenting partnerships following separation and divorce, based on established data supporting better emotional and psychological outcomes for children of divorce raised by two biological parents sharing jointly in decisions relating to the children’s health, education and welfare.

Although great strides towards promoting parenting joint custody partnerships have evolved in the law, resistance and bias against Dr Gardener’s work and the PAS Disorder persists even in progressive communities in Southern California where as recently as August 2011 in Costa Mesa, California, judicial (active and retired) presenters to lawyers preparing for certification as specialists in family law promoted in seminar trial tactics to mother’s advocates in custody trials emphasizing disparaging ad homonym critiques challenging Dr Gardener’s credibility based on his life style (ridiculing him for his unfortunate suicide following his debilitatingly painful illness) rather than in the content of his studies and the reliability of the data supporting his findings supporting parental alienation as a syndrome or spectrum disorder.

Fathers Rights Law Center promotes the parenting partnership paradigm by aggressively and thoroughly pinning down the evidence for alienation while introducing through professional expert testimony — psychologists and psychiatrists — the parental alienation spectrum and the consequent effects of anxiety and developmental delays including autism spectrum disorders, regression and disease in affected children. PAS is, as Dr Gardener testified, a modern form of child abuse, both physically and emotionally for the children impacted. And as Dr Gardener taught as well as testified, the best antidote for the alienated children is an abundance of joint custodial time with the alienated father to dispel for them their alienating and brainwashing mother’s distortions and corrupting assignations.

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How to Protect Fathers’ Custody Rights

Protecting Fathers’ Custody Rights

It has been the center’s experience that while parenting opportunities for fathers have significantly expanded over the past five (5) years as more and more mothers enter the work force, the best and happiest parenting plans evolve between the separated parents after the divorce has been finalized.

When there is disagreement about child custody and visitation, it is mandatory that the case be set for mediation prior to the court hearing. FRLC encourages professional preparation for clients to best present their parenting plan to the family mediators employed by the Superior Court. The mediator’s initial custody recommendation is made when parents are unable to agree to a custody plan; the court tends to ‘rubber-stamp’ the recommendation, and it becomes critical to all custody orders. If no agreement is reached, a recommendation will be made by the court counselor and the court hearing will proceed. If an agreement is reached the hearing may be cancelled.

One aspect of the FRLC program that has proved helpful for clients when initiating joint custodial parenting plans acceptable to the court has been FRLC’s immediate involvement of prominent child psychologists for clients before the first court appearance to help the father prepare a reasonable parenting plan consistent with family history and needs. FRLC director Peter Mueller helps clientele with obtaining balanced and equitable custody sharing arrangements by involving experts of all types to assist in the case.

The Court Steps in to Help the Children

California courts attempt to protect minor children during the divorce process and to lessen the emotional trauma the children may be experiencing. When spouses are not in agreement about custody of the children, the court establishes custody that is in the best interests of the child(ren). The court establishes the custody order after taking into consideration many factors, including the health, safety, and welfare of the child; mental and physical health of the parents, history of abuse by either parent or new partners, siblings, relatives, etc.; the nature and amount of contact with each parent; and use of alcohol or drugs by either parent.
Types of Custody Arrangements

In the past, mothers were granted sole custody more often than fathers, but now mothers are not automatically given custody as in the past. The FRLC works with fathers who desire sole custody or joint custody because they wish to be involved with their children’s lives. While custody is not right for every father, our firm strongly believes that every father should have an equal right to custody.

Joint custody: parents share physical and legal custody.
Sole physical custody: the child lives with and is under the supervision of one parent. The other parent may often have visitation.
Joint physical custody: each parent has significant periods of physical custody.
Sole legal custody: one parent has the right and the responsibility to make the decisions relating to the health, education and welfare of a child.
Joint legal custody: both parents share the rights and responsibilities to make decisions concerning the health, education and welfare of the child.

How to Get Legal Help

Agreeing on a custody arrangement can be the most trying part of the divorce process. The Father’s Rights Law Center is committed to assisting fathers who want an equal right to custody. Our firm provides a free, no-obligation initial consultation during which we can explain the process and review your individual circumstances. Because our firm is focused upon father’s rights, we possess a high level of expertise that is beneficial to fathers and husbands facing divorce in San Diego and North County. To speak to our law firm directly, please call 1-800-4-LAW-HELP or fill out the form at the right to request a consultation. We look forward to helping you.

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Judge Awards Custody to Dad

Father’s Rights Prevail in Custody Case

Judge grants custody of six year old to San Diego engineer; Dad’s companionship with son is cited.

Until the last five minutes of February trial, neither Mom nor Dad had a clue how the court was leaning regarding the primary care and custody of the parties’ six year old son, Jonathan. Mom and Dad had separated in January 1995 when Jonathan was five. Before Dad moved out of the family home in July, he located a new position in engineering with a Sorrento Valley electronics firm. Dad shared custody of Jonathan after the move during alternate two week periods when Jonathan stayed with Mom at the family home and then with Dad in his new home in Poway where Dad enrolled him in school.

Mom was unemployed during most of the marriage and remained so after separation keeping herself available for full time care of Jonathan right to the date of trial. Mom refused to look for work before trial despite a vocational report issued by Dr. Jay Fair in July finding that Mom was capable of earning up to $1200 monthly as a clerk or bank teller.

The parents met for pretrial mediation with Family Court Services on October 13 when Mom insisted on having full custody, while Dad requested that the joint custody plan remain in force. Arguing that Dad had been neglecting Jonathan’s health needs, Mom acknowledged Dad’s homework support for Jonathan and proposed that Dad could assist with homework at r house. The Mediator recommended full custody to Dad, in surprise to both Mom and her lawyer. She noted, “[T]he father is really more child oriented than is the mother…. When it comes to time spent, playing with, tutoring and being a companion to the child, the father seems to be the leading participant…. While [Mom] complains that she does not have the money for the activities that the father and child enjoy, the father talks about activities with the child that are essentially free, such as playing board games.”

Following the mediation report, Mom and Dad met for a settlement conference and were able to settle all issues except custody, visitation and support issues. Mom continued to demand full custody of her son.

At the Trial

At trial Dad opened testimonial evidence with a history of the family and patterns of nurturing and caring for Jonathan by both parents. He explained how the joint time share had been working after separation, and described his school and play activities with his son.

Mom was called as an adverse witness to the stand by Dad and FRLC cross-examined her motives and plans for full custody, including prior requests by Mom to Dad-to allow Mom to move to Orange County with Jonathan so she could live closer to her parents.

Mom called her step-father as a witness who expressed his view that Mom had the skills to care for Jonathan on a full-time basis. He admitted on cross-examination that Mom had discussed moving with Jonathan to Orange County. He also denied with some pause Dad’s claim that when visiting her parents with Jonathan, Mom tended to have a party life style while her Step-Father and her Mom cared for their grandson. After closing argument, Judge Tobin noted that the evidence supported awarding primary custody to Dad based on history of companionship and care for his son. Mom was awarded time on alternate weekends and every Tuesday. The The court observed that the mediation recommendation was supported by the evidence and provided for Jonathan’s best interests.

Following the court’s announcement of its decision, Dad blocked lawyer’s departure from the court room. With moist eyes he shook his lawyer’s hand while repeating ‘thank you – thank you’. FRLC reminded Dad that it had been his love, care and companionship for Jonathan that won the day, not FRLC. The mediator’s findings had been crucial. FRLC also felt that Dad’s modest request to continue the joint custody plan in response to Mom’s demand for full custody had influenced the mediator.

Last word is that Mom has completed her bank teller training and is now working.

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