A couple years ago I put out an article on my website titled “More Fathers are Getting Custody” and have provided substantial material and information on the subject of child custody for fathers (I’ve done the same on child custody for mothers).

I noticed recently an article with a similar title called “More Fathers are Getting Custody in Divorce” appeared on the New York Times website. A question is asked at the end of this article, “If a mother works more, and a father less, is that a logical reason for the children to live with him?” This article references another article by Working Mother Magazine called “Custody Lost,” which told stories of breadwinning working mothers who lost custody to the father (some of which were stay-at-home dads). The opening paragraph mentions, “people inside and outside the courts say that the growing number of stay-at-home dads and breadwinner moms means more working mothers are fighting an unprecedented uphill battle.” I comment on these two quotes below.

Based on the article above, it looks like others agree that more fathers are getting custody. One of the reasons for this more recently being the economic plunge which has affected men more than woman in the workforce. As a result, more dads are at home with the kids while mom goes to work. Inevitably in this scenario, dad spends more time with the children than mom. So, “If a mother works more, and a father less, is that a logical reason for the children to live with him?” I don’t think so but the fact is that has been the logic the family court has used for decades in considering custody awards under the “best interest of the child standard” (this generally favors mothers who often work less or are the stay-at-home parent). Regardless of who works and who stays-at-home, divorce calls for a restructuring of the family post-divorce and to make the presumption that a working parent is not as fit as a non-working parent is absurd. Just as the “Tender Years Doctrine” was wrong to presume that a mother because of her sex is automatically a better parent than the father for younger children.

While it may be true that “the growing number of stay-at-home dads and breadwinner moms means more working mothers are fighting an unprecedented uphill battle,” this has been (is and will be) an uphill battle fathers have faced for decades under “the best interest of the child” standard, which replaced the “Tender Years Doctrine” (a legal presumption that awarded mothers custody of younger children in place for over a century). The philosophy of the courts penalizing the working parent is not new. The article above correctly points out that the family court favors non-working parents over working parents in custody awards. Of course, you will not see such language in the family code, but rather by outcomes of judicial rulings by the court and hearing from families affected by such rulings.

Overall, mothers are still being awarded custody majority of the time and fathers are more likely to face an uphill battle in the family court. It’s fathers who are more likely to be faced with work bias in addition to challenges related to domestic violence and restraining order law abuse, false abuse accusations, target of relocation or move-away cases, and the lingering affects the “Tender Years Doctrine” still has on many of the family courts today.

So, now that the shoe is on the other foot so-to-speak, will we see more working mothers favoring shared parenting arrangements and fighting for joint custody statutes? If fatherless homes are decreasing as a result of more fathers getting custody, will the statistics of children of fatherless homes result in a more positive outcome? I suppose time will only tell. Your thoughts?

Are the recent Shaq divorce rumors true? Reportedly, according to TMZ.com, the Shaquille O’Neal divorce rumors have merit as his wife Shaunie O’Neal apparently filed for legal separation in Los Angeles County Superior Court on Monday and cited “irreconcilable differences” for the reason for the split.

Shaunie O’Neal is reportedly asking for an unspecified amount of money for alimony and child support and seeking full child custody of the couple’s four minor children with visitation rights for Shaq O’Neal.

According to People.com, Shaunie O’Neal recently flew to Los Angeles and claimed herself a resident of The Golden State on Nov. 8, one day before filing the separation papers. Eventhough Shaq and Shaunie O’Neal live in Florida, Shaunie apparently claimed she is a resident of California, which has more generous community property divorce provisions than the state of Florida.

For full story on Shaq divorce rumors and legal separation click here.

Reportedly, Levi Johnston said he is planning to file for legal joint custody of his 10-month-old son, Tripp, with former fiancee Bristol Palin. Levi Johnston, 19, has made claims in the past that the Palin family has prevented him from being alone with his son Tripp — And things have only gotten worse. Reportedly, he told The Insider, “Not working. I’m done,” “It’s going to have to go to court. They just finally pushed me over the edge.”

The feud between Levi Johnston and the Palin family heated up again last month when Levi said on CBS’s The Early Show that Sarah Palin referred to her infant son Trig, who has Down syndrome, as “retarded.” Sarah Palin reportedly shot back, saying, “We, like many, are appalled at the inflammatory statements being made or implied. Trig is our ‘blessed little angel’ who knows it and is lovingly called that every day of his life.” Sarah Palin also slammed Johnston for stripping down for Playgirl at a shoot scheduled to take place next week, saying, “Those who would sell their body for money reflect a desperate need for attention and are likely to say and do anything for even more attention.”

For full story click here.

Reportedly, Jesse James has spoken out about the highly publicized child custody battle and child custody fight involving his actress wife Sandra Bullock and porn star ex-wife Janine Lindemulde. “Sandra Bullock is not a party to this litigation,” James’ attorney, Marilyn Slifman, said in a statement to People magazine Friday. “Mr. James’s sole concern is for the safety, welfare and best interests of his daughter. The proper forum to resolve this case is in the courtroom.”

Sandra Bullock has been reportedly helping her husband Jesse James raise his 5-year-old daughter, Sunny, since January, when Janine Lindemulder was in prison for tax evasion. But now out of jail Janine Lindemulder faces an uphill child custody battle against Jesse James and wife Sandra Bullock. Reportedly, Lindemulder has appeared in more than 100 adult films and has acknowledged making “horrific choices in the past,” but says her life is back on track and that she deserves to keep custody of her daughter. “What would give her the right to take away my daughter?” Lindemulder said. “You know, this is my daughter. I am the best mother I can be.”

Sandra Bullock and Jesse James have reportedly called Lindemulder and her new husband, also a convicted felon, unfit. And in a letter to the judge at Janine Lindemulder’s sentencing, Sandra Bullock raised concerns about Sunny’s safety, alleging that the child was left alone during the day while Janine Lindemulder was “asleep from drug use.”

For full story click here.

Reportedly, Los Angeles divorce papers from Los Angeles Superior Court show Corey Feldman’s wife Susannah Feldman has filed for divorce and wants sole custody of their young son.

Susannah Feldman apparently cited irreconcilable differences in the Los Angeles divorce papers as the reason for divorce after seven years of marriage. Reportedly, Los Angeles divorce papers indicate Susannah Feldman wants custody of their 5 year old son Zen with visitation rights for Corey Feldman in addition to an unspecified amount of spousal support.

For full story click here.

Reportedly, Hollywood actress Sandra Bullock is involved in a child custody battle with her husband’s ex-wife, Janine Lindemulde — “a pornography star and convicted fraudster.” Reportedly, Since January 2009, Sandra Bullock and husband Jesse James have been bringing up Sunny, James’s five-year-old daughter, while the girl’s mother, Janine Lindemulder, was serving a six-month sentence for tax evasion.

Reportedly supported by Sandra Bullock, Jesse James has now asked an Orange County judge in the Orange County Superior court, near Los Angeles, to rule on whether Lindemulder is a fit mother. In a statement to Orange County court, Jesse James suggested Sunny may not be safe with his ex-wife, adding that she should be “restrained from allowing the child around pornographers, drug addicts, guns and firearms, felons and other unsafe environments.”

For full story click here.

Another report by the Orange County Register covered the tragic story of the UCI shooting that resulted in the fatality of a woman, Bekki Clarke, whose ex-husband, Brian Hughes Benedict, just 3 days prior was “scolded” by Orange County Judge Nancy Pollard in the Orange County Superior Court — reducing his child custody to every other weekend and doubling his child support. The Orange County Register previously reported on this story.

Brian Benedict was accused of wanting to kill himself, allowing his 4-year old to play outside unsupervised, encouraging his son to dive off a 10-foot diving board, keeping a gun in his apartment, returning son to mother with dirty clothes and scraped knees, allowing son to ride in car short distances without being strapped into a car seat, and having a bathroom filled with bacteria. Bekki Clarke reportedly sought to prove Brian Benedict was an unfit parent and wanted to convince the judge to increase the fathers child support obligation.

According to the report, what drove Brian Benedict to allegedly kill Bekki Clarke remains a mystery, but the afternoon-long hearing in family law court in Orange hints at possible triggers, according to a transcript obtained by The Orange County Register.

Child Custody Ruling. After Judge Nancy Pollard criticized Brian Benedict in the Orange County courtroom for allowing their son to play outside without supervision, Judge Pollard awarded mom sole custody, and gave visitation to dad every other weekend.

Child Support Ruling. Brian Benedict had been paying Clarke $450 a month in child support based on an agreement they had worked out. Pollard ordered it increased to $920, based on an imputed income of $84,000 per year for Benedict – what he was making at Northrop Grumman when he left to return to school. Judge Pollard showed little sympathy to Benedict’s studies, saying “the care and maintenance of his child is ultimately more important.” Reportedly, judge Nancy A. Pollard said, “He just refuses to accept that responsibility and wants to do something that will enhance his enjoyment because he thinks it’s more fun.”

Could courtroom conduct of Judge bear any blame or reponsibility in “UCI slaying: Divorce foreshadowed violence”? You be the judge.

For full story click here. For latest news on UCI shooting click here.

Who gets custody of child if never married? unmarried child custody situations present different child custody issues for both the unwed mother and unwed father. Unwed fathers seeking access to their children often find themselves fighting an uphill battle to gain child custody and visitation rights as the family court system is often stacked against them. Most states award sole physical custody to unwed mothers unless the mother is completely unfit or the father files a petition for rights, establishes paternity, and a judge awards joint child custody or visitation rights to the father. For unwed mothers the battle in unmarried child custody situations is almost always with seeking financial support. For full article click here.

Reportedly, divorced fathers in Japan are fighting hard to see their children. Japan child custody laws reportedly grant custody to only one parent, which is almost always the mother. Japanese law doesn’t explicitly say mothers should get custody — only that one parent should, but by cultural default, that’s the mother.

On Christmas Eve two years ago, Masahiro Yoshida reportedly returned to his home to find it empty. His wife had fled with their 2-year-old daughter, seeking a divorce. Since then, he’s rarely seen his child because Japanese law grants custody to only one parent — almost always the mother. His wife has refused to allow him regular visits, accusing him of emotional swings and past verbal and sometimes physical abuse.

Yoshida, a 58-year-old musician, is among a small but growing number of divorced or separated fathers who have turned to the courts to get child custody, or at least gain a right to see their children. More broadly, many are demanding a change in Japanese law to allow joint child custody, as is the case in most developed countries.

For full story click here.

Reportedly, Avril Lavigne divorce papers were filed by Avril Lavigne in the Los Angeles Superior Court requesting that the Los Angeles court deny spousal support to her estranged husband Deryck Whibley, the Sum 41 musician.

Avril Lavigne divorce papers reportedly cited irreconcilable differences by Lavigne and said that their property rights are to be determined. Avril Lavigne, 24 years old, and Deryck Whibley, 29 years old, were reportedly married for three years — and announced their separation last month. Avril Lavigne and Deryck Whibley do not have children together.

For full story click here.

Reportedly, South Florida Catholic priest David Dueppen admits he fathered a baby with a former stripper, and now wants child custody of the infant girl.

David Dueppen, in documents filed in Miami-Dade family court, said he wants to be the primary caretaker of baby Marilyn Epiphany, who was born in January. Reportedly, “He has never denied paternity for the child and he would like to be very involved in the child’s life,'’ his Floriday child custody attorney, Raymon Rafool, said Wednesday.

For full story click here.

Did Sandra Bullock divorce husband Jesse James? It appears that Sandra Bullock and husband Jesse James are not divorced but rather happily married. There’s no evidence to support a Sandra Bullock divorce. It was reported on September 25, 2009 that Jesse James arrived in Fayetteville on Thursday for two days of Bikes, Blues & BBQ and plans to promote his clothing line Sunday afternoon at the Wal-Mart Supercenter on Martin Luther King Jr. Boulevard. Reportedly, Jesse James said his wife Sandra Bullock isn’t coming along as “one of us has to stay home and work.”