Celebrity custody relocation ruling a win for fathers’ rights

David M. Gabriel & Associates

In Massachusetts and across the nation, men continue to struggle with issues related to the care and custody of their children. Although the American legal system has come a long way in recognizing the essential role that men play in the lives of their children, many fathers still face an uphill battle in family court. One recent celebrity fathers’ rights case is making headlines, and represents a legal scenario that many fathers face. Movie star Halle Berry and former partner Gabriel Aubry recently ended a long and contentious custody battle over their 4-year-old daughter. That fight flared up again when Berry asked the court for permission to relocate with her daughter to France. The actress argued that she and her child would be safer in France due to the fact that two men who had stalked and threatened her are now free. Aubry argued that such a move would lead him to have limited access to his daughter. He stated that Berry’s intent was to estrange the two. A judge agreed with Aubry, denying the motion and putting a stop to the move. There is no word on whether the actress plans to appeal the ruling. Many Massachusetts parents face similar circumstances, although often to less glamorous locations. When a custodial parent wishes to move a child or children out of the area where the other parent resides, the issue can often lead the former couple back to family court. This scenario is not uncommon, and is a serious issue

Mobile DNA testing service could assist in paternity claims

David M. Gabriel & Associates

Many men, in Massachusetts and beyond, have doubts concerning the paternity of their children. In the past, DNA testing was either not readily available or was prohibitively expensive, leaving many men with little recourse other than to simply wonder. However, one business innovator has created a mobile DNA testing service that could assist men in ascertaining the validity of paternity claims. The man behind the service is the owner of a DNA and drug testing clinic. He decided to expand his business by outfitting an RV to serve as a mobile testing unit. The side of the vehicle is emblazoned with ‘Who’s Your Daddy’ in eye-catching lettering. Because technology has advanced so rapidly in the field of genetics, DNA testing services can be obtained for as little as $299. For many purported fathers, this is well worth the value of certainty when it comes to paternity. In addition, having the service available in such a quick and convenient manner allows the fathers of very young children to obtain a DNA screening with a high degree of confidentiality. For those Massachusetts men who find that they are not in fact the fathers of the child or children in question, an informed decision can be made concerning any paternity claims made by the mother. If an existing child support order is in place and the man wishes to challenge it, having proof that one is not genetically linked to a child is the first step in that process. No matter the outcome

Real estate central issue in many property division negotiations

David M. Gabriel & Associates

In many Massachusetts divorces, issues involving child custody and child support take center stage. Another issue that sits at the top of most couples’ divorce proceedings involves property division. Massachusetts spouses should be aware that the time to handle all concerns that pertain to the division of property is before the divorce is final. Once the papers are signed, a spouse who is unhappy with one or more of the provisions within the agreement will have little recourse to make changes. Among the challenges of property division, issues over real estate generally top the list. Once a decision has been made concerning which party will retain the home, the next step should be providing a clean break for the other party in regard to liability for that property. Although one spouse will end up on the title to the home, both may be listed on the mortgage. This scenario leaves one person with full ownership rights to the home, and the other still on the hook for partial responsibility for paying the mortgage. In some cases, the spouse who keeps the house will stop making payments on the home for a variety of reasons, leaving the other party with badly damaged credit and no way to solve the issue other than covering the payment. The ex-spouse who signed off on the property would still not have any form of ownership in the property. The best way to avoid this problem is to clearly outline within the divorce agreement that the

Puppy love complicates property division in Massachusetts

David M. Gabriel & Associates

Massachusetts couples who are beginning the divorce process are often caught off guard with the sheer volume of details that need to be ironed out. Issues of property division and child custody usually top the list of priorities, but there are many smaller details that must be dealt with as well. Splitting one household into two, and working out which party will retain which assets, can be a very complicated procedure. Many spouses make assumptions about where the family pets will reside following a split. They are often surprised, however, when they learn that the other spouse holds opposing opinions on the matter. When couples cannot agree about where the pets will live, they often ask a judge to decide. Many states treat pets as marital property, and some judges will refuse to become involved in decisions over where they will live following the divorce. Others may address the issue, working out a detailed ‘custody’ arrangement that splits time with the pets between the two spouses. However, it is important to understand that no judge can make a truly comprehensive determination about what is in the best interests of a pet, simply because the judge is not familiar with the animal or its relationship with the parties. As with most property division issues surrounding a Massachusetts divorce, the best resolution is one in which the parties work together to find a solution that works best for them. It is important to try and keep the pet’s best interests at the

Shared custody options abound for divorcing fathers

David M. Gabriel & Associates

When a marriage becomes unsalvageable, many Massachusetts fathers put off talk of divorce for as long as possible. Fears of losing time spent with their children lead many to remain in unhappy unions for far too long. For those who are considering divorce or are in the early stages of a split, it is important to know that divorce does not have to sever the relationship between father and child. A wide range of shared custody arrangements exist that can ensure a father remains an integral part of the lives of their children. While it can be argued that no child custody arrangement is truly 50/50, there are many variations of shared custody that can fairly divide time spent between households. The first step toward a successful shared custody arrangement is taking the time to work together with your spouse to iron out the details of the new breakdown of parenting time. In some circumstances, parents will reside close enough that their child or children can move easily between the two households. Other families may find that the children benefit from remaining with one parent throughout the week when school is in session, then segueing into more time with the other parent during summers and holidays. In addition to physical custody, parents can also divide the decision-making tasks associated with parenthood. Perhaps one parent is better equipped to handle educational decisions and college plans, while the other wishes to make all medical decisions and handle disciplinary matters. The most important

Former Dodgers owner back in court in high net-worth divorce

David M. Gabriel & Associates

When it comes to divorce settlements, many believe that once the ink is dry, there is little to nothing that can be done to alter the agreement. However, a very high-profile and high net-worth divorce is headed back to court a year after a settlement was reached, and may result in a different division of assets than formerly agreed upon. Many in Massachusetts followed the headline-grabbing divorce between Dodgers owner Frank McCourt and his wife Jamie McCourt. The couple reached an agreement in Oct. 2010. Jamie McCourt accepted $131 million in exchange for relinquishing her claim to co-ownership of the Dodgers. However, when her ex-husband sold the team in May 2012 for an estimated $2 billion, that agreement began to appear unbalanced. An attorney for Jamie McCourt points out that settlement was reached based on Frank McCourt’s estimate that the team would be worth no more than $300 million. That would put the division of assets somewhere in the ballpark of 93 percent for Frank McCourt, and 7 percent for Jamie McCourt. The most recent filing asserts that Frank McCourt committed fraud by misrepresenting the value of the team during the divorce process. However, even if he undervalued the Dodgers without any intent to defraud his wife, the divorce settlement could still be set aside and revisited. While altering an existing divorce agreement is uncommon and not easily accomplished, there are circumstances in which the original terms were reached using financial data that was substantially incorrect. As this case makes

Tips to ease matters of property division in divorce

David M. Gabriel & Associates

For many Massachusetts couples considering divorce, issues of property division are paramount. With the exception of child custody concerns, property division is usually the center of the majority of negotiations. As the time approaches to file for and work through a divorce, there are a few tips to keep in mind that can help to maximize one’s settlement in terms of property division. One piece of advice concerns budgeting. The time to work out a comprehensive household budget is before negotiations begin. Leave nothing unaccounted for, no matter how minor the expense may seem. Many spouses make the mistake of fighting to the bitter end to keep the family home, without understanding the actual cost of running and maintaining the property. In order to ensure a secure financial future, it is essential to understand the financial present. Another tip is to fully understand the state laws regarding marital property. Each state differs in their approach to the division of property, but each spouse should begin the process fully informed as to what is owned and by whom. This is especially important when it comes to assets that are less tangible than homes and cars, such as stock options and other forms of deferred compensation. Divorce can be an emotional time for spouses, even when the split is in the best interests of everyone involved. However, it is imperative that one makes reasonable, rational decisions when it comes to property division. The choices made now can affect both spouses for decades

Fathers’ rights issue in “Housewives” custody case

David M. Gabriel & Associates

The American judicial system has come a long way in recognizing the importance of fathers in the lives of their children. Many states have laws that recognize that mothers are not always the better parent simply due to gender, and that they should not have an automatic advantage in child custody cases. However, there is still a lag between the increasingly involved roles that many American fathers play in the lives of their children and the manner in which the courts, including those in Massachusetts, award custody and visitation. A recent celebrity case exemplifies the uphill battle that men still face in regard to fathers’ rights. In the bitter divorce between ‘Real Housewives of Beverly Hills’ star Adrienne Maloof and husband Paul Nassif, child custody has become a contentious issue. A judge recently ruled that Nassif’s access to his children be restricted to supervised visitation. This decision is the result of a temporary restraining order that Maloof obtained against her estranged husband, claiming that he is abusive toward their three sons. It is reported that the Department of Children and Family Services determined that there was no abuse. When the safety and welfare of children are concerned, courts in Massachusetts and elsewhere err on the side of caution, and rightfully so. In this case, Maloof has also stated that her husband carries a gun in his briefcase, leading the judge to order that the weapon be turned over to authorities. In the end, no one except the two halves of

Celebrity custody relocation ruling a win for fathers’ rights

Mobile DNA testing service could assist in paternity claims

Real estate central issue in many property division negotiations

Puppy love complicates property division in Massachusetts

Shared custody options abound for divorcing fathers

Former Dodgers owner back in court in high net-worth divorce

Tips to ease matters of property division in divorce

Fathers’ rights issue in “Housewives” custody case

Categories

TAGS

David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help

Life Complicated?
We Can Help

Categories

TAGS

TAGS

David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help

Life Complicated?We Can Help

Life Complicated?
We Can Help