Child Custody Issues

Family Law "Specialist," Bud Klueck, discussing the legal aspects of child custody fights like the Britney Spears and K-Fed fight. Bud, what would cause a court to change custody from one parent to the other like what happened to Britney Spears?

ATTORNEY KLUECK’S ANSWER-- Well, like the Britney case, it takes "grown-ups behaving badly." In particular, drugs or alcohol are big concerns because not only is such behavior extremely bad role modeling for the child, it is hard if not impossible for a parent to concentrate on the child’s needs when that parent is under the influence.
Brintey Spears appears particularly out of control, for example driving without a license with the kids in the care, driving with the kids on her lap, lots of very public bad behavior. The issue is one of degree- with Britney we have an extreme example but the legal substance of Britney’s case is not that unusual. What has made this case a bit unusual is the special procedures that we have seen. We sometimes see judges handle things a little differently when dealing with celebrities. In the Britney case the judge conducted the hearing in chambers, or, "in camera," rather than in open court which is how hearings usually are held. The judge also ordered that there be no transcript of the proceedings and this raises the possibility of a First Amendment challenge under the public’s right to know.

HOST’S QUESTION-- Under what circumstances are child custody orders or arrangements changed by court orders?

ATTORNEY KLUECK’S ANSWER-- Well, generally things need to be pretty out-of-hand before the court will change an existing order. The thing you have to understand is that public policy # 1 is children’s safety. The courts are always looking at the "best interests" of the children, not the interests of the parents. The courts place great value on the doctrine of "stability." Child development experts have found that children cling to and are comforted by what is familiar to them. Before the court will disrupt the stability of children, there needs to be a threshold showing of a significant change in circumstances. That is, something has to be real different than the last time custody orders were made. In the Britney case, there is so much going on– criminal arrests, driving without a license. Britney has done so much and done it out in public. It is probably not hard to prove that there has been a change in circumstances. Also, it might not have been hard to prove that K-Fed is a better parent here, but we will never know because the record has been sealed.

HOST’S QUESTION-- What could a parent who lost custody, like Britney, do to get it back?

ATTORNEY KLUECK’S ANSWER-- You know, in some ways the court system is kind of like church–very redemption oriented. You admit your wrong doing or "sins" and take steps to change your life. In court, "sins" are "exorcized" by taking classes. For parents, this means taking parenting classes. The court system itself has parenting classes and there are many fine parenting classes outside the court system. Here in San Diego County we have the Parent’s Turn and Kid’s Turn Programs. There are continuing education programs available at Community Colleges and high schools. There are twelve-step programs that can address whatever the parent’s issues are-- work the steps and bring proof of attendance to court. The court really does celebrate when the "lost lamb" has returned to the flock– for example, "drug court" holds graduation celebrations. The system is similar in Family Court.

HOST’S QUESTION-- If someone has a question about child custody, or any Family Law concern, how can they get in touch with you?ATTORNEY

KLUECK’S ANSWER-- They can reach me at The Law & Mediation Offices of Garrison Klueck, 619-448-6500 or by email at garrisonklueck@yahoo.com or they can visit our websites at www.familylawsandiego.com.