Tag: shared parental responsiblity

Western Women in Arabia and Child Custody

An American mother just lost custody of her daughter because a Saudi judge ruled she was too Western to raise the child. Her own parents now worry they will lose both grand-daughter and daughter. An interesting case about Western Women in Arabia dealing with child custody is bubbling up in Arabia.

western woman arabia custody

Thicker than Oil

Bethany, a 32-year-old student and yoga teacher, moved to Saudi Arabia to teach at a university in 2011. She recently divorced her Saudi husband, and sought custody of their four-year-old daughter. Recently, the Saudi court concluded that she would not be a good parent.

The judge ruled in his denial of the mother’s custody of her daughter:

“The mother is new to Islam, is a foreigner in this country, and continues to definitively embrace the customs and traditions of her upbringing. We must avoid exposing (the child) to these customs and traditions, especially at this early age.”

In statements submitted to the court, counsel for the ex-husband used her social media postings as evidence of an allegedly un-Islamic lifestyle.

In translated court documents, a summary of accusations against her includes the fact that she had gone to US festival Burning Man, which is characterized as “the world’s strangest festival” where attendees “appear in crazy clothes and stay awake all night dancing and surrounded by people wearing only shoes made of fur, or drinking drugs (sic) or cold drinks.”

According to the judge’s notes, counsel for her ex-husband also accused her of maintaining social media channels “full of nudity, intermingling of the two sexes and a lot of things and actions contrary to our religion and customs and traditions.”

In court, Bethany countered that her ex-husband was actually the unfit parent, alleging that he was verbally abusive and used drugs. “There was drug use and that became an issue,” her mother told CNN. Her ex-husband has denied the accusations, and did not respond to requests for comment from CNN.

Florida Child Custody

I’ve written about child custody issues before. In Florida, the prevailing standard for determining “custody” is a concept call shared parental responsibility, or sole parental responsibility.

Generally, shared parental responsibility is a relationship ordered by a court in which both parents retain their full parental rights and responsibilities. Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child.

In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

At the trial, the test applied is the best interests of the child. Determining the best interests of a child is no longer entirely subjective. Instead, the decision is based on an evaluation of certain factors affecting the welfare and interests of the child and the circumstances of the child’s family.

While social media evidence can be useful in determining some of the factors in the statute, being “new to Islam” and “embracing the customs and traditions” of a parent’s upbringing are not factors a court in Florida would consider unless harm to the child can be shown.

Oil Well that Ends Well?

The judge ultimately granted custody of Zaina to her Saudi grandmother, who lives with Zaina’s father.

“The fact that the father is residing with his mother is likely a temporary situation. Knowing that it is in men’s nature not to stay at home and not to honor/fulfill parental role themselves.”

Bethany was given until this Sunday to appeal the judge’s custody ruling, and for now, the child remains with her. But her parents tell CNN that there is a warrant out for her arrest after she missed a child visitation from her ex-husband– a visitation her parents say she didn’t know about.

They also say that Bethany has been banned from leaving Saudi Arabia for the next 10 years, though they were not able to provide further detail on the reason.

She wants to have the rights to go and come. She used to have that right says Bethany’s father. He says a judge also warned his daughter not to talk to the media.

Shifting Sands

Saudi Arabia has taken tentative steps towards the emancipation of women in recent years.

In 2012 Saudi women were allowed to compete at the Olympic Games for the first time. In 2015, women were allowed to vote in local elections for the first time. And recently, after a sustained campaign, women were allowed to drive.

At the end of this month, women will be allowed to hold a passport without needing permission of a male “guardian.” Nevertheless, the controversial guardianship system remains largely intact.

“A woman, from birth to death, must have a male guardian. The idea is that they are not capable and that men know better.”

Women still need a male guardian’s permission before having elective surgery, for example. And critically for Bethany, by Saudi law, a woman’s testimony is worth only half that of a man’s.

“Speaking generally, the U.S. Department of State and our embassies and consulates abroad have no greater responsibility than the protection of U.S. citizens overseas. US citizens abroad are subject to local laws,” the official added.

Bethany is now racing to collect all the necessary documents to appeal the custody ruling before the window closes this Sunday.

The CNN article is here.

 

Child Custody Fight Club

The child custody battle between Brad Pitt and Angelina Jolie is set to go to a trial next month because the parents can’t agree about the future of their six children after two years of litigating.

Child Custody Fight Club

According to USA Today, the couple could still reach an agreement out of court and put the messy breakup of their family behind them, but lately their ability to see eye-to-eye seems to have deserted them.

The two stars’ legal teams have been in negotiations since September 2016, when Jolie filed for divorce citing irreconcilable differences and “the health of the family” after 12-years together, two of those years in what we later learned wasn’t wedded bliss.

Fury

Their custody dispute comes down to this: She wants sole physical custody of their six kids, ranging in age from 10 to 17; he wants to share physical custody.

According to a document filed Monday in Los Angeles County’s Family Court, Pitt and Jolie have asked for an extension to June 30, 2019, on the appointment of retired Judge as a temporary “private” judge in their case.

He has handled all pre-trial issues and motions and will preside over the custody trial, scheduled for Dec. 4, likely behind closed doors and not at a public courthouse.

Sole Child Custody

The question about an award of sole custody of children frequently comes up and is a matter I’ve written about before. Many people are surprised to learn that the term “custody” is no longer recognized in Florida.

Florida replaced the “custody” term for the “parenting plan” concept in order to avoid labeling parents as “visiting parent” or “primary parent” in the hopes of making child custody issues less controversial.

Under Florida’s parenting plan concept, both parents enjoy shared parental responsibility and a time-sharing schedule. “Shared parental responsibility” means both parents retain full parental rights and responsibilities and have to confer with each other so that major decisions affecting their child are made jointly.

A time-sharing schedule, as the name suggests, is simply a timetable that is included in the parenting plan that specifies the times, including overnights and holidays, that your child spends with each parent.

Florida’s parenting plan concept has changed sole custody into “sole parental responsibility.” The term means that only one parent makes decisions regarding the minor child, as opposed to the shared parental responsibility terms, where both parents make decisions jointly.

How do you get sole custody in Florida?

Sole parental responsibility, or sole custody as people generally call it, has been made more difficult to obtain. Florida’s public policy is for each child to have frequent and continuing contact with both parents after a divorce.

Because of Florida’s public policy, courts order shared parental responsibility unless the court finds that shared parental responsibility would be detrimental to the child.

In those cases where detriment is proved, the court orders sole parental responsibility to one parent, with or without time-sharing with the other parent, if it is in the best interests of the minor child.

World War Z?

The couple have had a bitter divorce that has been frequently in the news. In November 2017, Jolie claimed she and Pitt had reached an interim custody agreement in which she would continue to have sole physical custody of the kids. But Pitt immediately disputed that.

In June 2018, a judge warned Jolie that if she didn’t start encouraging the children to forge relationships with Pitt, she could be in danger of losing custody.

Then in August 2018, a Jolie bombshell: she accused Pitt of not paying “meaningful” child support. Pitt hit back, arguing he’s paid over $1.3m in bills for her and the children.

All of this makes matrimonial lawyers despair:

Do they want their children to say “My mom and dad kept it between themselves and just let us know how much they loved us and always supported our relationship with the other parent, or My mother hated my father and let us all know it?”

The USA Today article is here.

 

Joint Physical Custody

Former NFL wide receiver, Hank Baskett, answered his former Playboy model wife’s divorce petition last week, and is asking for joint physical custody of their two children. What is joint physical custody, and is it something you should ask for in Florida?

Penalty Flags

Baskett is a former wide receiver who played in the NFL for the Vikings, the Eagles and the Colts. While at the University of New Mexico, he was a leading wide receiver and earned all-academic honors.

Baskett married Playboy model Kendra Wilkinson in 2009. Wilkinson and Baskett were co-stars on Kendra, a reality TV series following Wilkinson’s life. They have co-starred on another show, Kendra on Top, since June 2012.

His wife announced her intention to divorce on Instagram. A few years ago, she received bad press when she criticized people who had a problem with a photo she posted to her Instagram account of her daughter, stating:

“Wow by my last post I just exposed all you sick f**ks… [m]an, this world is more f**ked up than I thought, I’ll go ahead and go back to my vacation while we run around naked n free.”

According to People, in the former NFL player’s filing submitted Friday, Baskett cited irreconcilable differences as the reason for the divorce after 9 years of marriage according to court documents obtained by The Blast.

Mirroring his wife’s filing, Baskett listed their date of separation as Jan. 1, 2018, and requested joint legal and physical custody of their two children.

Many people are surprised to learn when they file for divorce or custody in Florida that joint legal and physical custody is not available in Florida.

Florida Shared Parental Responsibility

I’ve written about child custody issues before. In 1979, the first joint custody statute was enacted in California. The joint legal custody law promoted more paternal involvement after divorce.

In 2008, Florida modified its custody laws to get rid of outdated and negative terminology about divorcing parents and their children to reduce animosity.

The law did that by deleting the definitions of the terms “custodial parent” or “primary residential parent” and “noncustodial parent” and creating a definition for the terms “shared parental responsibility, “parenting plan”, and “time-sharing schedule.

Shared parental responsibility, is similar to joint physical and legal custody, and is a relationship in which both parents retain their full parental rights and responsibilities.

Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child.

In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

Florida’s public policy comes from the literature proving the importance of a father’s contributions to a child’s development and a child’s attachment to a father, gender roles within families are shifting, and the documented loss and alienation experienced by noncustodial parents and children.

Custody Touchdown

The former Playboy model’s filing came hours after she confirmed in an Instagram post that the couple had chosen to split.

“Today is the last day of my marriage to this beautiful man. I will forever love Hank and be open but for now we have chosen to go our own ways.”

The People article is here.