Alabama Divorce & Family Law Attorney Blog : Birmingham Divorce Lawyer & Attorney : Eversole Law Firm : Serving Birmingham, Montgomery, Mobile Alabama

Amidst the worldwide outpouring of sorrow over yesterday’s untimely death of pop music legend  Michael Jackson, one big question that family law experts are asking is who will get custody over his three children. As a Birmingham divorce and family law attorney, I have encountered a variety of child custody cases throughout my career, but Mr. Jackson’s case is rather unique, not just to Alabama, but even to the quirky world of eccentric entertainment personalities.

With uncertainty relating to the children’s conception, questions of paternity, as well as the way in which the kids have been brought up, speculation is swirling as to whom the Jackson children will eventually wind up with. No doubt, this child custody case could have some surprising twists and turns.

There are several interested parties including Jackson’s mother, Katherine, and the children’s nanny, Grace Rwaramba, who has worked for Jackson for almost 20 years. Another large presence is the surrogate mother of the two older children. In addition, there is a second surrogate, mother to Jackson’s third child, who reportedly lives in Germany. According to news sources, Jackson’s estate is in the red by about $400 million dollars, however the entertainer’s notoriety will likely make the Jackson children’s custody a hotly contested issue.

Katherine Jackson has expressed a very strong desire to adopt her three grandchildren, according to a long-time family friend. However, Jackson himself reportedly said that he wanted the kids’ nanny to have custody should anything ever happen to him. Rwaramba, 42, had assumed an increasingly central role in lives of Jackson and his children, according to news stories. Following his acquittal on molestation charges in 2005, Jackson, Rwaramba and the children moved to Bahrain and then later to Ireland.

Surrogate mother, Debbie Rowe, who was a nurse in the office of Jackson's dermatologist, is the birth mother of two of Jackson’s kids, 12-year-old Prince Michael Jr. and 11-year-old Paris Katherine. Rowe was artificially inseminated prior to both pregnancies, but has never revealed if Jackson was the father of either child. She and Jackson were married briefly after Prince's conception, but divorced six months after Paris' birth.

Apparently, Rowe gave Jackson custody of the children, but sued him in 2006 for breach of contract in an attempt to regain custody. The pair settled out of court for undisclosed terms and Jackson retained custody. However, it is a good bet that with the Jackson’s recent death, Rowe will again try to gain custody of her children.

To add to the drama, Jackson’s third child was born to another surrogate whose identity has not been released. This woman, who gave birth to Prince Michael II in 2001, could add another component to the case. Prince Michael II,  better known to the public as Blanket, was infamously dangled by the pop star from the window of a Berlin hotel not long after his birth.

Who Will Get Custody of Michael Jackson's Kids?, ABCNews.com, June 26, 2009

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For those looking at divorce in the near future, a significant number may also be wondering about the potential custody arrangement for your children. As a Birmingham family law and divorce attorney, I’ve lent my shoulder to many a parent, but it’s the kids that make this job tough. Last week I explained legal custody and joint custody. Right now, I’ll pick up with sole and joint custody to round things out.

Sole Custody
In this scenario, one parent can have either sole legal custody or sole physical custody of a child. In many states, divorce courts are moving away from awarding sole custody to one parent and toward increasing the role a divorced father plays in his children's lives. Even when courts do grant sole physical custody, it is common for both parents to share joint legal custody, with the non-custodial parent enjoying a generous visitation schedule.

With this arrangement, the parents make joint decisions about the child's upbringing, with one parent deemed the primary physical caretaker and the other granted visitation rights. Courts hardly ever hesitate to grant sole physical custody to one parent if the other is deemed unfit -- this can include instances of drug or alcohol abuse, when the other parent has a new partner who is unfit for similar reasons, or if there are charges of child abuse or neglect.

I’ve seen many cases where one or the other spouse harbors a great deal of animosity toward the other, but believe me, it's wiser not to seek sole custody unless the other parent causes direct harm to the children. Even in such cases, the courts have been known to simply allow supervised visitation, while still ordering joint legal custody.

 
Joint Custody
Also known as shared custody, joint custody is reserved for parents who don't live together but who share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together in the first place. Joint custody can be legal, physical or both.

It is common for couples who share physical custody to also share legal custody, but not necessarily the other way around. And when parents share joint custody, they usually create a schedule based on their work and housing arrangements as well as the children's needs. If the parents cannot agree on a schedule, the court will impose an arrangement.

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If you’re reading this, you’re probably facing divorce. More than likely, you have at least one child and you’re worried how much time you’ll get to spend with him or her after the divorce. It may not be much comfort, but you’re not alone -- each year more than one million couples on average get divorced nationwide.

From the standpoint of a Birmingham divorce and family law attorney, I can tell you there are several ways to go with custody. You should learn the difference between each type so you know going forward which is the best for your situation. I’ll explain two types today: legal custody and physical custody. We’ll save sole custody and joint custody for another time.

Legal Custody
As a parent with legal custody, you would have the right -- as well as the obligation -- to make all-important decisions about your child's upbringing. This includes choices pertaining to schooling, religion, and medical care, among others. In many states, courts typically grant joint legal custody, which means that both parents share in the decision-making process.

Remember that if you share legal custody with the other parent and you exclude that person from the decision process, your ex can ask the court to enforce the joint custody agreement. The court won’t fine you or send you to jail, but the episode will more than likely create additional friction between you and your former spouse, which is not going to help your kids, who should be foremost in your mind.

If the exclusion is based on some deeper issues (such as a history of abuse, etc.), you can ask the court to change the custody agreement and grant you sole custody. Be aware, however, that most states will usually lean toward joint legal custody, unless you can persuade the court otherwise. This is where a good divorce attorney can really come in handy.
 

Physical Custody
A grant of physical custody gives a parent the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. In cases where the child lives primarily with one parent, and has visitation with the other, the parent with whom the child primarily lives will usually have sole physical custody, with visitation rights granted to the other parent. This works best if the parents live close by, which also helps to reduce children’s stress levels by allowing them to maintain a somewhat normal routine.
 

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Going through a divorce in Alabama is hard enough, but picking up the pieces and getting on with your life afterward can be a major challenge as well. One thing that can’t be ignored are your finances. This can be a big hurdle, because usually one or the other spouse was the “accountant” in the relationship. Still, even savvy domestic money manages can use some advice.

Working here in Birmingham as a family law and divorce attorney, I am frequently asked by clients what their strategy should be regarding the financial side of a divorce settlement. Knowing your money situation and other household finances is a big part of this. Also, understanding the tax implications of certain payments will make your life that much easier in the long run. Below are some typical mistakes that people going through divorce tend to make.

Number One: Hanging on to the house at all costs
This is not necessarily the best option. According to financial experts, more attention should be given to which person can afford to maintain the property -- including paying the mortgage and managing the taxes. However, don’t think that getting spousal support to help with the mortgage payments will keep you on easy street. Large unexpected costs, such as a new furnace or other large-scale maintenance usually happen sometime or another, which can make home ownership more of a burden and les of a luxury.

Number Two: Failing to make a clean financial break with your ex-spouse
Cleanly separating each of your debts and assets, especially if you have been married for a long time, can be a difficult task, but a very necessary one. Most any financial counselor will tell you this is absolutely necessary, and the consequences of not doing so can be devastating. It may seem overwhelming, but the alternative is many times worse. You don’t want to have your ex racking up debt and ruining your personal credit score.

Number Three: Counting on your ex to comply with his financial obligations
While both parties in a divorce are beholden to the court-ordered divorce agreement, creditors do not fall under that arrangement. If your ex is supposed to pay the mortgage but fails to do so, the lender is apt to sue you both. And any missed payments or a default on a mortgage will hurt you next time you apply for a loan.

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The Alabama Court of Civil Appeals recently ruled that a prenuptial agreement signed by future husband and wife-to-be one day before their wedding is valid and fully enforceable. Live and learn would be the motto related to this latest court ruling, since the document protected the groom’s millions, while the bride apparently will be entitled to the love of their relationship going forward. Should a divorce loom in their future, the wife has little or no recourse.

Actually, this is a lesson to anyone considering a prenuptial agreement prior to getting married. As a Birmingham family law and divorce attorney, I find this story quite sobering for clients and lawyers alike. The woman, in this case a real estate professional, was very familiar through her line of work with the power and durability of a signed legal document. But seemingly, in this instance, love had made her temporarily blind. Consulting a lawyer would have sharpened her vision substantially.

As a basis for its ruling, the Alabama Court of Civil Appeals found that the wife was not prevented from reading the agreement, nor was she unfamiliar with reviewing something as important as a legal document prior to placing her signature upon it. And the fact that the prenup was signed by both parties just one day before the wedding was not considered sufficient to invalidate the agreement.

Apparently, the court also found it was important that the wife-to-be knew the husband was a “millionaire” prior to the marriage, and therefore was aware of the general extent of his assets at the time she signed the agreement. She exhibited a brief moment of clarity, as reports show that she had attempted to seek legal advice. However, when she learned that her lawyer was not available, she decided not to seek alternate counsel and signed the document anyway.

Even the most uninformed can see here that it was a mistake for this woman to sign a prenuptial agreement without consulting an attorney. At the very least, it was a risky proposition to be signing such a document just one day before the wedding. For future reference, it is always wise for both parties to work on a prenuptial agreement together, and then to have attorneys for the individual parties review the document prior to signing. That way, there should be no unpleasant surprises -- and less chance for bad blood between the newly married couple.

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As a Birmingham Divorce and Family Law Attorney, I’ve consulted both women and men regarding prenuptial agreements. One of the major concerns these folks have is how such an agreement, or just the suggestion of it, reflects on the couple’s romantic relationship.

To many, the mere mention of a prenup makes them squirm. So it should come as no great surprise that most people are very apprehensive about broaching the subject with a potential spouse. One of the biggest worries is that it calls into question their love for the other person, or worse, that the agreement itself is just setting up the relationship for eventual failure and divorce. Well, that couldn’t be farther from the truth.

Sure. The majority of people probably think a prenup is anti-romance -- an indication of distrust of the other person, certainly not love. I’m here to tell you that’s the wrong way of looking at it. To the contrary, drawing up a prenuptial agreement side-by-side with your future husband or wife can be a sign of incredible trust and financial openness.

Basically, a prenuptial agreement is a written document created between spouses prior to the exchange of marriage vows. These agreements often address property settlements in the event of divorce, and may include other legal issues, such as additional obligations that will arise during marriage. Under Alabama law, certain procedures are required during the formation of the prenup, such as full financial disclosure between the two parties. The law also prohibits prenuptial agreements if they are not truthfully represented.

Although prenups have historically been tagged as wealthy society’s prerequisite to marriage, they have actually become more commonplace with the rest of us. Often created before first or subsequent marriages, they are a means of reassuring the soon-to-be spouses that each party’s assets are protected. Prenuptial agreements can be used in the event of divorce, death, or to establish other postnuptial agreements.

More importantly, and something many people don’t usually consider, is how useful a prenuptial agreement can be in the case of an impending second marriage. This is because there may be sizable assets from the previous marriage that the individual may want to retain sole ownership of -- so she can pass those along to any children from the first marriage, for example.

Remember, a court can refuse to enforce portions of a prenuptial agreement, not to mention the entire document altogether, under certain circumstances such as if assets were hidden or if there is evidence that the agreement was created in haste.

As with any legal document -- to ensure that your prenuptial agreement is valid and to be sure that your rights are protected -- I highly recommend that each party consult with their own attorney prior to entering into the prenup. It may not be seem like the most romantic part of getting hitched, but it could very well make your future together that much more secure.

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Divorce in Alabama, or anywhere else across the country, is a painful and difficult process. As a Birmingham Divorce Attorney, I remind anyone considering divorce to enter carefully and deliberately. Especially for young married couples with children, this can be an extremely stressful and highly emotional time.

When children are part of the equation, parents going through a divorce can encounter numerous other pressures. One source of pressure comes very often from the grandparents of children affected by the divorce. Recently, an Alabama appeals court decided a case where the paternal grandparents sought unsupervised visitation rights against the wishes of the mother.

The Alabama Court of Civil Appeals overturned a trial judge’s ruling that permitted the paternal grandparents visitation of their grandchild without the mother’s presence. This is good news for custodial parents, because even though the grandparents in question reportedly had a very active role in the child’s life prior to the divorce, the appeals court ruled in favor of the custodial parent. Upon reversing the earlier decision, the Court of Appeals held that it would be improper to place grandparents' rights over those of a fit parent.

The law’s outlook on grandparent visitation has been in flux since 2000, when the United States Supreme Court rendered its opinion in Troxell v. Granville. Yet with this recent Alabama decision -- and other similar rulings occurring nationwide -- it looks as though grandparents will find it more and more difficult to receive court ordered visitation, unless there are substantial allegations, backed by findings that the custodial parent is unfit to act in the child’s best interest.

If you are looking for an Alabama divorce attorney or family law lawyer, please feel free to contact my office today. At Eversole Law, we strive to be a different kind of law firm. If you or a family member needs help with a divorce, we will treat you with all the caring and compassion you deserve.

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Alabama couples divorce at a rate one-third higher than the rest of the country, according to 2007 data released by the U.S. Department of Public Health. What’s more, Alabama's divorce rate has maintained that rather high level since the 1950s, according the former director of research at the Alabama Policy Institute, John Hill, who says that stressful economic times can aggravate the divorce rate and cause it to rise even more.

In response, a number of churches around the state have reportedly implemented programs to help support those people going through a divorce. Governor Riley even signed a proclamation making February “Alabama Marriage Month,” emphasizing the importance of long-lasting, productive and healthy relationships and marriages.

At one house of worship, Woodmont Baptist Church in Florence, Belinda Green, who serves as a full-time single adult and single-parent family minister, also heads that church’s divorce ministry, which was started 15 years ago. The ministry helps men and women cope with situations surrounding a divorce. It also provides an eight- to 12-week program that includes discussions and videos on a range of divorce-related topics, such as personal healing, dealing with anger, handling loneliness, starting up new relationships and caring for children.

As a Birmingham Divorce Attorney, I have for years counseled many clients considering divorce. While the path is often difficult, divorce is sometimes the only solution to a broken marital relationship. Whether you are seeking a divorce, divorce mediation or another area of family law, the legal professionals at Eversole Law work hard to help you find their way through to a happier life with a compassionate approach and knowledgeable guidance.

Not Fireproof, TimesDaily.com, April 26, 2009

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As a Birmingham Divorce Attorney, I have seen the good and the bad when it comes to divorce in Alabama. I know the heartbreak and hard feelings that can arise during life-changing events such as separation and divorce. My knowledge and experience give me the tools to help clients through those roughest of times.

One thing that makes my job both difficult and rewarding is the children. Divorce is very trying especially when kids are involved, and I’ve had many clients confide in me that they didn’t know how to break the news to their children, or even how to behave toward their kids once all was said and done. But youngsters are resilient, and if anything, parents must remember that children, as members of the family, have rights and deserve your respect.

It is sometimes hard to take into account a child’s needs amidst all the other aspects of a divorce, such as division of assets, spousal support and guardianship. Therefore, if you are considering divorce, or know someone who is going through or contemplating such an action, you may want to keep the following list in mind regarding the younger members of the household. Kids need and have the right to the following, especially in times of family upheaval:

• Being free of the conflict between the parents
• Developing and maintaining an independent relationship with each parent
• Being free from having to take over the parental responsibility for making custody and/or visitation decisions
• Being free from having to take sides with, defend, or lessen the value of either parent
• Being guided, taught, supervised, disciplined and nurtured by each parent, without interference from the other parent
• Being financially supported by both parents, regardless of how much time is spent with each parent
• Spending time with each parent, regardless of whether or not financial support is given
• Having a personal sleeping area and space for possessions in each parent’s home
• Being physically safe and adequately supervised when in the care of each parent
• Having a stable, consistent and responsible child care arrangement when not supervised by the parents
• Developing and maintaining meaningful relationships with other significant adults, as long as these relationships do not interfere with or replace the children’s primary relationship with their parents
• Expecting that both parents will follow through with the child care plan, honoring specific commitments for scheduled time with the children
• Expecting that both parents stay informed about medical, dental, educational and legal matters concerning the children, unless such disclosure would prove harmful to the children
• Expecting that their parents will consider any special needs (developmental, mental, emotional or physical) they might have when arranging a child care plan
• Participating in age-appropriate activities so long as these activities do not significantly impair their relationship with either parent

Should you need professional legal advice on divorce, child custody or any other area of family law, we at Eversole Law are ready, willing and able to help. We have the expertise and compassion to guide you through this difficult time.

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