Posted on August 29, 2012 in Personal Injury

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 Posted on August 29, 2012 in Family Law

The media spotlight that is shining on the Tom Cruise – Katie Holmes divorce is also shining the light on an aspect of what can sometimes be an issue in child custody cases, but is not one frequently discussed. The issue of spiritual custody can be one that parents do not agree upon, yet also one that the courts are very reluctant to address. Judges will address issues such as education, housing and medical when it comes to protecting the child’s best interest, but usually leave it to the parents to decide the child’s religious upbringing.

Tom Cruise has been a very prominent member of the Church of Scientology for years. Katie Holmes was raised in the Roman Catholic Church. The chtribune spoke with a source they say is familiar with the negotiations but not authorized to discuss them publicly. That source told the Tribune that so far, the couple has agreed that Holmes will have custody of their six year old daughter Suri, with Cruise allowed visitation. Holmes will also have final say in Suri’s education.

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 Posted on August 29, 2012 in Personal Injury

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 Posted on August 25, 2012 in Family Law

The results of a new study examining the effect of children raised in broken homes where one parent was gay could eventually be used against those parents in custody cases. The study, which has been published in the journal Social Science Research, was written by Mark Regnerus, a sociologist at the University of Texas in Austin. His conclusion was that these children grow to be young adults with somewhat more psychological and social problems than ones from traditional families that had experienced divorce and separation.

There were 2,988 people, between the ages of 18 to 39, nationwide, who participated in the study. About half of them were born out of wedlock, with one gay parent. The other half were born into traditional families which eventually broke up.

Problems in current lives, such as drug use, depression and unemployment, were reported more often by the participants coming from the non-traditional families. Those with a gay parent also reported less education and more sexual partners. There was a slightly higher rate of participants receiving public assistance from the non-traditional group as compared to the traditional family group.

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 Posted on August 23, 2012 in Personal Injury

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 Posted on August 20, 2012 in Personal Injury

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 Posted on August 17, 2012 in Personal Injury

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 Posted on August 16, 2012 in Family Law

There was an article in the Huffington Post divorce section about how much a friend's divorce can affect your marriage. It is easy to think that divorce only affects the people directly involved it, but that is not entirely true. Anyone who is around you during the time of your divorce can be affected by it. It works the other way around too.

For example, your friend tells you she's getting a divorce. She and her husband have always seemed like the perfect couple, so the news surprises you. You are worried about how things will turn out for your friend and her children, so you start to reflect on your own relationship and the issues you have had in your marriage.

Especially, if your circle of friends has recently had many divorces, you might start to feel like you are inevitably headed for one too. This kind of an idea might eventually lead to a divorce if a person feels that all the signs are eminent in their own marriage.

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 Posted on August 14, 2012 in Personal Injury

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 Posted on August 12, 2012 in Family Law

There is a saying that justice is blind, yet that may not be the case for family law. Judges have a lot of opportunity for gender bias in divorce and child custody cases. Women are expected to be more nurturing due to their role in birthing and rearing children. That often translates to men having to spend more time, money and effort to prove that they are good parents as well.

In child custody cases, the court is required to decide for the best interests of the children. Back in the late 19^th century there was a “Tender Years Doctrine” enacted to settle custody cases. It stated that for children that are 13 years old and younger, there best interests are served in the custody of their mothers. This has supposedly been changed for the more equal “Best Interests of the Child” doctrine, yet that change was only made in 1989.

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