However, Frankel may not be out of the woods just yet.The Skinny Girl mogul must still put up a fight for the million Tribeca condominium she bought while married to Hoppy, who is currently living in the residence."Although the wife funded the purchase of the apartment and ordinarily would be considered the settlor, the husband avers that the parties had agreed that the apartment would be joint property, and that consistent with the intention, he made certain payments towards maintenance and renovations," the documents found.Award of custody to grandmother in a previous CPO was a temporary order, not an initial determination of custody, and therefore “parental unsuitability test” applied to subsequent custody action. Parental Rights Terminated Because of Domestic Violence and Failure to Satisfy Case Plan: The Court of Appeals affirmed the juveniles court’s grant of permanent custody to Children Services, thereby terminating the appellant-father’s parental rights. The Illinois court did not properly exercise jurisdiction over the visitation determination because the child had lived in Ohio since her birth, never lived in Illinois at any point in time, and Ohio had home state custody and visitation jurisdiction. Keywords: impact on children, harm to children, effects on children Date: 4/23/2002 DV of Mothers Boyfriend As Custody Factor Domestic violence that is a pervasive part of mothers life wit her boyfriend may physically endanger and emotionally harm a child, and thereby support the trial courts modification of custody and award of custody to the father.
The Franklin County court lacked jurisdiction to consider the petition for a CPO on behalf of the children because the Washington County post-divorce decree visitation modification proceeding was already pending at the time the mother filed her CPO petition in Franklin County. Oaks, 2008 WL 5077646, 2008-Ohio-6271 (4th Dist., Washington, 11/26/08). Keywords: best interest, modify custody, parental rights, residential parent Date: 4/23/2002 DV As Custody Factor The court of appeals rejected father's claim that the trial court placed too much weight on his domestic violence in designating mother the residential parent of the parties' minor children.
CPO Custody Award is Not an Initial Custody Determination: The court of appeals, held that: (1) trial court was required juvenile court custody case to make a determination as to whether mother was a suitable parent before granting custody to grandmother, and (2) change-in-circumstances and best-interest-of-the-child tests were not appropriate because present proceeding was initial custody proceeding. E.2d 103, 2007-Ohio-6219 (7th Dist., Noble, 11/14/07). Keywords: parental rights and responsibilities residential parent Date: 3/27/2008 Court Properly Issued order To Protect Child Despite Conflict With Illinois Visitation order The court of appeals affirmed the domestic relations courts denial of respondents motion to set aside a DV CPO on the grounds that the Ohio court wrongly issued a (restricted) visitation schedule that conflicted with Illinois court custody and visitation orders. The trial court did not abuse its discretion in placing much importance on the fact that father had been convicted of domestic violence against mother which had taken place in front of the children.
However, the father failed to meet the case plan requirements, including the completion of a domestic violence program. Furthermore, even if the Illinois court orders had been found to be proper in this case, the Ohio court was still within its authority to issue the initial CPO because the mere existence of visitation orders in another state does not warrant the denial of a CPO when the child is subject to the threat of violence. Keywords: flight, fleeing, flees Date: 4/23/2002 Child Suffers As Victim or Spectator "Physical force within the family is both intolerable and too readily tolerated, and a child who has been either the victim or the spectator of such abuse suffers a distinctly grievous kind of harm, particularly when the abuse is inflicted on those weaker and less able to defend themselves, almost invariably a child or a woman." Custody of Vaughn, 422 Mass.
Bethenny Frankel took daughter Bryn out for some celebratory fro-yo after her court victory over ex-husband Jason Hoppy.
On Tuesday, a judge ruled that the reality star is no longer obligated to pay her estranged husband $12,000 monthly in spousal support."We find that the broad and expansive language used by the parties in their agreement forecloses the husband from seeking any kind of spousal support, including temporary support.
After acknowledging and representing that they are 'fully capable of being self supporting,' the parties agreed to 'waive any and all claims for spousal support and/or maintenance' 'both now and in the future,'" court documents read of the case.Frankel has reportedly been paying Hoppy a court ordered total of around ,000 per month since they split in 2012, including ,000 in temporary alimony and ,000 in child support for their daughter Bryn.: The Court of Appeals affirmed the juvenile court’s judgment granting legal custody of the father’s child to a nonrelative--a friend of the child’s mother-in a child dependency proceeding, where allegations of domestic violence resulted in the issuance of a DV CPO against the father, the mother recognized that she could not care for the child at this time, and the child had a strong bond with the nonrelative. In addition, some of the child-related restrictions on the mother and her husband—including the no-contact and stay-away restrictions and the prohibition against respondent’s entering the child’s school or school grounds—were unrelated to respondent’s offending conduct and were thus unreasonable. If a court finds by a preponderance of the evidence that one parent has committed a pattern or serious incident of domestic abuse, the burden would shift to that parent to show that a custody award to him or her would be in the child's best interest. Keywords: parental rights parental unsuitability Perales domestic violence 01/15/2013 : The Court of Appeals affirmed the trial court’s decision rejecting the husband’s proposed Shared Parenting Plan based on consideration of various statutory “best interest of the child” factors, including an incident of domestic violence between the husband and wife giving rise to a CPO for the wife. Heilman, 2012-Ohio-5133 (3 CPO Court Lacked Jurisdiction To Make Custody Determination And Child-Related Restrictions Were Unreasonable: Pursuant to the plain language of R. 3113.31(E)(1)(d), the domestic relations court did not have authority to make an allocation of parental rights and responsibilities in the father’s DV CPO, since the Juvenile Division of the Lake County Court of Common Pleas had previously determined the child’s custody issues. Keywords: best interest, parental rights, residential parent Date: 4/23/2002 Presumption Against Batterer Custody Okay Massachusetts' highest court has ruled that a proposed law designed to create a rebuttable presumption against awarding sole or shared custody to an abusive parent would be constitutional. The CPO on behalf of the father’s minor child should have been limited to restricting respondent from drinking alcohol in their vehicle while the child was in the vehicle, when the order was based on that conduct. The state's Supreme Judicial Court issued a unanimous advisory opinion to the state legislature, which noted that similar laws had been enacted in 11 other states The court noted a "growing national awareness that children who witness or experience domestic violence suffer deep and profound harms," and said "a child's interest in being free from the effects of domestic violence is extremely significant." Opinion of the Justices to the Senate, Mass Supreme Judicial Court, Case No. Keywords: impact on children, harm to children Date: 4/23/2002 Domestic Violence Against Current Wife Affects Custody A man's domestic violence against his current wife demonstrates that he "possesses a character which is ill-suited to the difficult task of providing his young children with moral and intellectual guidance" Thus custody award to the mother was affirmed. Therefore, the court of appeals reversed the improper terms in the CPO and remanded the case to the trial court. Heindell, 2010-Ohio-6058 (11 Dist., Lake, 12/10/2010). Keywords: parenting time, visitation, residential parent, domestic violence, civil protection order Date: 3/28/11 Court in Visitation Case Not Bound by CPO: The court of appeals held that the trial court would not be found in error in custody case for failing to specifically reference its consideration of 13 of 16 statutory best-interest factors when considering the motion or for refusing to apply the doctrines of res judicata or collateral estoppel to uphold the suspension of father’s visitation rights that was in a separate CPO issued by a Franklin County court.