Internet Records in a Divorce Case

Check out this great post about internet records in a Divorce case by the California Divorce and Family Law blog. Here is an excerpt below:

In 2005, Jennifer London, a United States citizen who was domiciled in St. Martin, began divorce and child custody proceedings against her husband, Richard London, also a United States citizen, in St. Martin, a French territory governed by French law. Jennifer sought a divorce from Richard based on adultery, a ground for a fault-based divorce. To establish the adultery, Jennifer introduced evidence in the divorce proceeding to suggest that Richard had used five pseudonymous Yahoo! email accounts to solicit sex on the Internet. Richard denied that the email accounts belonged to him and claimed that Jennifer had fabricated the evidence.

Thereafter, Jennifer filed an application in district court for an order to conduct discovery on the five Yahoo! email accounts under 28 U.S.C. § 1782 for use in her foreign divorce case. The district court granted the application and issued a subpoena to Yahoo! directing it to produce: (1) documents identifying the names, addresses, and telephone numbers provided by the users of the five email accounts; (2) documents describing the dates on which the five email accounts were created; (3) documents describing the Internet protocol address (IP) from which the five email accounts were created; (4) documents identifying Internet groups in which the account users participated; and (5) documents reflecting group board postings made by the account users. Jennifer served Yahoo! with the subpoena, and agreed to waive the right to documents listed in item five. Richard and the four Does moved to quash the subpoena, which the district court denied....

The proof sought, given the nature and character of the foreign case, is critical to establish adultery, secure the divorce, and defend against allegations of fabrication. Such evidence may be the only way to identify the user of the email accounts used to solicit adulterous sex. The request is not an attempt to avoid foreign evidence rules, and is not unduly intrusive or burdensome because it seeks to gather only identifying information for the accounts, such as the names and addresses of the users, and not the content of any communication. Given the need for the evidence, and the minimal invasion required, the [Intel Corp. v. Advanced Micro Devices] factors weigh in favor of granting the request.

LINK: http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/subpoena-of-internet-service-provider-records-in-a-divorce-case.html

Custody and Visitation - Tips

Custody and Visitation Tips

One thing divorce does not change is your being a parent. Whether you develop a traditional visitation schedule or a flexible co-parenting plan, whether the arrangement is temporary or permanent, you can help make the time you spend with your children happy and productive. When questions regarding custody and visitation arise, an experienced family law attorney is the ideal source for competent counsel.

The following are some hints on making the most of your time with your children — and making the transitions easier on them.

DO:

Balance flexibility and promptness. Try to be on time when your children are being picked up or returned. It lets your kids know that visitation is a priority to you. It is also important to be flexible about traffic, play dates and illness. This will relieve some of the stress of transitions for your children.

Make visitation time parenting time. Resist the impulse to be a Disneyland Dad (or mom) by cramming your kids' time full of treats, outings and special events. Don't over-schedule your children. Your kids need time to just be with you and to talk with you while you can really listen. Kids respond to rules and responsibility, and it makes your space feel more like home.

Make your home their home. Get to know your neighbors and help your children make friends. Set a loose schedule so your children know what to expect. Use checklists, or separate sets of clothes and toiletries, to make sure they have what they need in both places they live.

Make age-appropriate schedules. Toddlers and teenagers have different needs. Do the research and make sure your visitation schedule or parenting plan is meeting the emotional needs of your child's current developmental stage.

Include extended family. Try to fit in visits to grandparents and other extended family so your child stays in touch.

Respect your former spouse. Let your former spouse know about changes in your schedule and travel plans or if a new babysitter or romantic interest will be with your kids while they are with you. Communicate where you will be while you have the children and decide together how emergencies should be handled.

DON'T:

Don't equate money with love. Encourage and facilitate your children's time with the other parent. It should never be about whether child support has been paid. That can make your kids feel like they are worth exactly as much as the support you receive.

Don't let divorce emotions spill out during visitation transitions. Don't fight with your former spouse in front of the children. Don't use guilt or try to make your kids feel bad about enjoying being with their other parent. Make every effort to be polite to each other when the kids are around or when they can hear you.

Don't make your kids arrange their own visitation. Setting schedules is an adult responsibility that you need to do for your children.

Don't make the kids into emotional mules. Don't ask your kids to carry messages to your ex, don't ask them to spy and don't subject them to the third degree about every detail of time spent away with the other parent. The more they are able to enjoy their time as kids, with few adult worries, the better.

Don't take your child's side in disagreements with the other parent. Let your children know they need to resolve problems with their other parent independently and don't let them pull you into the middle of a dispute — unless you believe they are in danger or you have serious concerns.

Don't allow your child to manipulate visitation. Unless your child is under five, he or she must understand that visitation is not optional. Children under five are often resistant to visitation switches and need extra patience. At any age, if visitation resistance persists, the parents should seek professional help to address the issue.

Don't feel like you have to handle it all yourself. An experienced family law attorney will have the knowledge to help you reach a resolution of your custody and visitation legal issues.

Calculating Child Support

At this time, Pennsylvania does not provide a child support calculator on their Web site. However, they do have a document titled How is the amount of a support obligation determined for child(ren) and/or spouse?, which can help you to determine the child support obligation.

In addition, you can use the Pennsylvania Child Support Calculator provided by AllLaw.com to estimate the amount of child support that is owed based on Pennsylvania's child support guidelines.