Statistics Regarding Children and Divorce

Here are some interesting statistics that I found regarding children and divorce:

1. 40% of American children are being raised without their fathers.
2. Studies in the early 1980's showed that children in repeat divorces earned lower grades and their peers rated them as less pleasant to be around.
3. Teenagers in single-parent families and in blended families are three times more likely to need psychological help within a given year.
4. Compared to children from homes disrupted by death, children from divorced homes have more psychological problems.
5. Following divorce, children are fifty percent more likely to develop health problems than two parent families.
6. Seventy percent of long-term prison inmates grew up in broken homes.
7. Children of divorced parents are roughly two times more likely to drop out of high school than their peers who benefit from living with parents who did not divorce.

* Initial Source - http://www.marriage-success-secrets.com/statistics-about-children-and-divorce.html

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

Should Parent's Lose Custody of Super Obese Kids?

A recent commentary in the Journal of the American Medical Assocation stated that it would be more ethical to put super obese kids into temporary foster than them have obesity surgery.

Dr. David Ludwig, an obesity specialist at Harvard-affiliated Children's Hospital Boston, said it would be in the best interest of the children to get them help that for whatever reason their parents can't provide. 

There are approximatley 2 million U.S. children that are extremely obese.  Extreme obesity could lead to type 2 diabetes, breathing difficulties and liver problems that could kill them by age 30, said Dr. Ludwig.

In 2009, an article in Pediatrics made similar arguments, advocating for temporary removal from the custody of parents "when all reasonable alternative options have been exhausted."

Will obesity arguments now have an impact in Arizona child custody disputes?   Based upon the statute that the Court looks at in determining custody, it really boils down to the what is in the best interest of the child(ren).  Therefore, it could be argued that a demonstrated failure by one parent to provide proper nutrition or exercise to the child(ren) when they are in his or her care, and a resulting severe weight issue with the child(ren), might form the basis for one party being awarded primary physical custody over another.


Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

Divorcing Parents in Massachusetts to be Prevented from Having Sex?

Massachusetts is considering what I believe to be a ridiculous bill regarding the rights of divorcing parents to engage in sexual relations.  The article appeared in the Boston Herald and the text of it is presented here:

"Custodial parents caught up in contentious divorces would need a judge’s nod to date or carry on a sexual relationship inside their own home under a bill Beacon Hill pols will take up this week.

Wrentham Selectman Robert Leclair said his bill is meant to prevent domestic violence and shield children while the divorce is under way. “It’s not intended to abridge the rights of anybody,” he said. “If they want to have an extra-marital affair, just get away from the home.”

The bill, which lawmakers will hear Wednesday, would bar custodial parents from “conducting a dating or sexual relationship within the home” until the divorce is settled.

“It could go that far if the courts found it detrimental to the children,” said Leclair, who said he had a bitter divorce. Leclair is the former president of Fathers United for Equal Justice, which disbanded in the 1990s. But he’s not earning much support from similar fathers-rights groups. Ned Holstein of Fathers and Families called the bill a distraction from the shared parenting bill — creating a legal assumption of equal custody rights — that lawmakers also will take up Wednesday.

“By and large, family courts have washed their hands of who’s sleeping with whom,” said Holstein.
State Sen. Richard Ross sponsored the bill for his constituent, but has taken no position on it. Leclair has submitted it repeatedly in recent years to no avail."

http://bostonherald.com/news/politics/view.bg?articleid=1338272


Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

The Philosophy of How We Handle Family Law Cases

Facts about Mental Health Issues

Magellan Health Services of Arizona (the Regional Behavioral Health Authority for central Arizona) recently released some facts about mental health issues.  Here they are:

• One in five adults, approximately 57.7 million people nationwide, experiences mental illness in any given year.
• One in 17 lives with a serious mental illness, such as schizophrenia, major depression or bipolar disorder, and about one in ten children have a serious mental or emotional disorder.
• Of the adults who use services for the homeless, it is reported that 31% have a combination of these conditions.
• Half of all lifetime cases of mental illness in juvenile justice systems have at least one mental disorder with a least 20% experiencing significant functional impairment from a serious mental illness.
• An estimated 5.2 million adults have co-occuring mental health and addiction disorders.
• People who suffer from a serious mental illness often have a greater risk of having chronic medical issues.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

Signs Your Spouse or Child May be Using Drugs

Many Arizona divorce and child custody cases I deal with involve one party suspected of abusing drugs and/or alcohol.  There may also be issues where a child is suspected of drug use.  Here are some signs that may indicate drug use (realize however that there could be other reasons for these behaviors):

Emotional and Social Signs

• Moodiness, excitement, anger, hostility, depression
• Constant lying and stealing
• Refusing to admit to the harmful effects of drgus
• Avoiding old friends or people who could confront them about behavior changes
• Being secretive about phone calls
• Having friends they do not want you to meet or talk about
• Being evasive about their whereabouts
• Loss of motivation
• No interest in everyday life
• Playing truant from school

Physical Signs

• Drowsiness
• Trembling
• Red eyes, dilated pupils
• Lack of interest in personal hygiene and appearance
• Slurred speech
• Loss of, or increase in appetite
• Uncoordinated movements
• Circles under the eyes
• Irregular sleeping habits
• Frequent colds and coughs
• Weight Loss

Drug and/or alcohol abuse is a serious matter and one that the Arizona Courts take very seriously.  If you have any questions regarding the interplay between drug use and Arizona family law please do not hesitate to contact me.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

Jurisdiction of Arizona Courts to Modify Child Support

Recently, the Arizona Appellate Court handed down a decision in State v. Tazioli, 2011 WL 239547 (Ariz. App.Div. 1), addressing the question of jurisdiction in a child support modification case where the original child support order was from Arizona but now both Mother and Father are no longer residents of Arizona, and Mother refuses to consent to jurisdiction in Arizona.

The Court held that Pursuant to A.R.S. Section 25-1225, the trial court lacked jurisdiction to modify the child support order because “neither party currently resides in Arizona and Mother refuses to consent to jurisdiction in Arizona.”  

The appellate court directed the lower court to forward Father's petition to the appropriate jurisdiction.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com