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South Carolina Man Awarded Sole Custody As Psychological Parent of Child Not Related to Him Biologically

South Carolina Man and Woman live together.

Woman has a Son.

Man acts like any good father would toward Son.

Drives him to school. Roots for him at his ball games. Attends parent-teacher conferences. Etc., etc.

One thing is missing …

A paternity test does not bear out a biological connection between Man and Son.

Man and Woman eventually break up.

But Man and Son do not want to break up with each other.

Man goes to court to obtain visitation, arguing that he is Son’s psychological parent, the father figure in Son’s life.

But the court rules against him, because Son knows that Man is not his biological father and that someone else is.

Man appeals. And the South Carolina Court of Appeals agrees with Man.

Court awards Man visitation with Son.

Shortly before Father’s Day, Man won full custody of Son by agreement with Woman after a six year court battle.

Read more in this [Charleston, SC] Post and Courier article: Helping set legal precedent, man gains custody of boy he helped raise.

Securities and Exchange Commission Takes an Interest in a Divorce

Husband and Wife divorce.

Husband used to work for large software company.

Husband’s financial disclosure in divorce reveals two large payments and anticipates a further large payment from a so-called hedge fund.

Wife seeks a share of such monies. Husband impliedly disputes her right.

Further complication …

The Securities and Exchange Commission (SEC) reportedly previously investigated suspicions of insider trading between Husband and the hedge fund in stock of Husband’s former employer.

SEC has reopened the investigation since certain information and evidence came to light in the divorce case.

Wife was supposedly in possession of Husband’s computer’s hard drive, which may have had evidence stored on it. The SEC subpoenaed the drive.

Family court judge ordered that $250,000 of past payments from the hedge fund to Husband be held in escrow pending outcome of the SEC investigation.

Read more in this Washington [DC] Examiner article: Conn. divorce judge puts $250K into escrow and this Washington [DC] Post article: SEC Reopens Insider-Trading Probe

If You Want Speedy Justice, Head for Criminal Court, Not Family Court

In the criminal courts, the defendant can insist on speedy justice.

Not so the litigants in family court, which often operates in a virtual time warp.

Husband and Wife live in North Carolina. They have two children.

Wife files for divorce.

North Carolina Court grants permission for Wife to relocate to Rhode Island, but allows for visitation by Husband each month in both states.

The Wife reportedly tries to block Husband’s visitation and cut Husband out of the children’s lives by accusing Husband of everything from harsh discipline of the children to neglecting them to watch pornography on the internet.

Wife also obtains an injunction for protection against domestic violence, or order of protection, against Husband - in Rhode Island.

Not buying it, the North Carolina Court orders Wife to return with the children to live in North Carolina.

Unhappy with the North Carolina ruling, Wife tries to do an end run around the North Carolina courts and seeks emergency jurisdiction in Rhode Island.

Which Rhode Island’s family courts exercise … repeatedly.

Having apparently exhausted his remedies in North Carolina, Husband appeals in Rhode Island.

And Husband wins …

A mere seven years later.

The reasons Husband wins are because:

  1. North Carolina validly exercised jurisdiction in the first place and
  2. Emergency jurisdiction is inherently temporary in nature
  3. .

Read more in this Providence Journal news blog post: R.I. Supreme Court: Mother, children must return to N.C.

Woman arrested in toddler’s scalding death

Toddler Dies After Being Scalded, Mother Arrested:

39 year old Yolanda Guadalupe Perez of La Quinta, California was arrested in the scalding death of her daughter, 3-year-old Delilah Urrutia. Perez originally claimed that the girl knocked over a pot of boiling water on herself. However it was later determined that Perez never sought medical treatment for her daughter and sent her to her room for ‘misbehaving’

Also an autopsy revealed that Delilah had other injuries from long term abuse.

Thanks to Bridget for the tip.

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Bad Boyfriend’s 8-foot python kills 2-year-old

Officials: Escaped pet python strangled Fla. child:

Only second to the pit bull in terms of trailer dwelling pets is the snake. Usually some kind of python or constrictor.

In this case it was an 8-foot Burmese Python that escaped from it’s impenetrable confinement of a plastic bag and a terrarium and squeezed a 2-year-old Oxnard, Florida girl to death.

The snake’s owner is 32-year-old Charles Jason Darnell, the girl’s mother’s boyfriend. Of course he did not have the proper permit to own the python. So far Darnell has only been charged with owning a snake without a permit.

I’m sorry but the only people I’ve ever known that owned snakes like pythons and constrictors are guys with mullets, 70’s mustaches and revoked driving privileges.

These animals are known to kill and eat prey that is many times their own size. If you have small kids owning an 8-foot python is not a good idea. If you do own one get rid of it and not just by releasing it into the wild.

Thanks to Misty and Catbert Pam for the tip.

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Bad Boyfriend found guilty in 2-year-old’s torture death

Man, 24, found guilty of tot’s torture death:

24-year-old Jose Maurice Castenada was found guilty yesterday in the beating and torture death of his then girlfriend’s 2-year-old son, Cesar Razo, in 2005.

In June of 2005 Castenada beat the boy after he woke Castenada from the nap with his crying. Castenada beat the boy in front of the boy’s mother and sister and their roommates in their Escondido, California home. At that time the boy was unresponsive and when taken to a hospital it was claimed that the boy fell from a swing. An autopsy revealed a history of abuse with over 200 bruises on the boy’s body among other injuries. The coroner said that Cesar died from two sever blows. One to his internal organs and another to his skull and brain.

It’s also believed that Castenada had been torturing the boy for 10 months using hangers, cable wire, belts and a yellow cord to beat him while keeping the boy in a small dark closet.

The boys mother testified against Castenada. 27-year-old Maria Razo pleaded guilty back in 2007 to voluntary manslaughter and child abuse and prosecutors dropped a torture charge against her. she’s expected to serve 16 years and will be sentenced in August.

Castenada is looking at the death penalty and could be sentenced today.

Thanks to Sith Snoopy for the tip.

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Cocaine in the kids’ room

Mother accused of dealing cocaine; 2 kids removed:

This story is all sorts of involved.

Police in Keizer, Oregon executed a search warrant on the home of 40-year-old Catalina Mendoza Cervantes. What they found were her two children, ages 8 and 12, while she was working her McJob. Now before you jump all over me about the plight of the single mother police also found cocaine in the kids’ room and scales and packing materials used in the selling of cocaine. There were also lit candles burning in the house that left burn marks on the ceiling.

Someone tipped off Cervantes that the po-po were at her house and she fled from her job. When police contacted her on the phone she said she wasn’t coming back to her place even though her kids were there. Police eventually caught up with her and arrested her on drug charges among others.

The kids are in state custody.

Thanks to Calvena for the tip.

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Breeders sentenced for tying teen to tree

NC Couple Sentenced For Boy’s Tree-Tying Death:

Do you remember the death of 13-year-old Tyler McMillan? He was the boy from Nortrh Carolina who father and stepmother tied him to a tree and left him overnight to discipline him. This was after a switch beating as well. Tyler ended up dying from dehydration.

The pair of Breeders have been sentenced in what I think isn’t nearly enough. Both Breeders entered into an Alford plea which means they don’t admit guilt but admit that the prosecution has enough evidence to convict them.

Sandra McMillan was sentenced to 13 to 16 years in prison while Brice McMillan was sentenced 10 to 13 years in prison.

Yet Tyler was given a death sentence for committing no crime.

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Turkey: Husband Must Compensate His Wife for His “Social Violence”

Turkish Man living in France seeks to marry and bring a Turkish Woman to live with him in France.

Only that particular Woman had been accepted to college and has her heart set on attending.

So the Man promises the Woman that she will be able to go to university after the marriage.

So the Woman marries the Man.

But he does not allow the Woman to go to college.

In fact, he literally locks Woman inside the house in France.

To do housework.

Woman returns to Turkey and files for divorce.

Woman alleges that Husband is violent and that his family mistreats her.

The Court grants the divorce and, concluding that this case is not that different from a case of physical violence:

  • orders alimony for Woman
  • orders actual damages for Man’s “social violence” toward Woman
  • orders emotional damages for Man’s “social violence” toward Woman

Read more in this Hurriyet [Turkey] Daily News article: Man found guilty of ’social violence’.

Father of Staton 9 now expecting twins with new squeeze

Omaha Father Who Ditched Nine Kids Via Safe Haven Law Has Twins on the Way:

You remember the Staton 9 don’t you? In case you don’t they were the 9 children dropped of in Nebraska when they had their wacky safe haven law. At the trime their father dropped them off at a safe haven because his wife had passed away and claimed that he could no longer care for his children.

Well now he’s expecting twins with his new girlfriend. I guess this clown never heard of a condom, or personal responsibility.

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