Legal Beat: When Custody Battles Turn Deadly

Editor’s note: Check out Vikki on The Huffington Post Divorce section.

Hunting for three beautiful boys whose parents were in a nasty custody battle can turn deadly.

The Michigan police chief Larry Weeks is heading the investigation for three brothers who have been missing since Thanksgiving. The boys’ father, John Skelton, has been arrested and is being held in an Ohio prison on three counts of parental kidnapping. Because he was arrested in Ohio, he will face an extradition hearing to be returned to Michigan, Weeks said.

The three boys were last seen last Thursday on Thanksgiving in the backyard of their father’s southern Michigan home, about 12 miles from the Ohio-Michigan border.

The boys’ father was in an Ohio hospital for several days receiving treatment for “mental health issues” after telling police he tried to hang himself, Weeks said. As soon as he was released he was arrested for kidnapping his own three sons.

Skelton originally told police that he gave his sons to a woman he met on the Internet so she could bring them to their mother, Tanya Skelton. However, the police have determined that Skelton lied about the woman he supposedly gave his sons to and they do not believe she exists, according to WBNS.

The police chief said Skelton is providing some information to investigators, but not all of it is credible, and they are not sure what to believe.

When his wife filed for divorce in September, the father of the three boys picked two of them up from school early and drove out of state. On Sept. 13, he packed his two oldest sons in the family van and drove to nearby Ohio only to return and then take off with them again to Florida.

It was the start of a nasty custody battle and possible precursor to all three boys’ disappearance last week before their dad’s suicide attempt.

Circuit Judge Margaret Noe told The Associated Press that Tanya Skelton received exclusive custody after John Skelton returned from Florida with the boys, but the couple subsequently negotiated an agreement that allowed visitation.

“The agreement was without my intervention,” Noe said. “It is not unusual for judges to encourage parents to engage in agreements between themselves relative to visitation because they best know the circumstances.”

After John Skelton returned the boys from Florida he had been seeing them “with no issues,” said Kathye Herrera, who identified herself as a spokeswoman for Tanya Skelton.

Tanya Skelton said in a motion filed the same day as the divorce complaint that John Skelton’s work as a truck driver kept him “on the road for weeks at a time.” When he is home it’s for a maximum of “two to three days at a time,” she claimed and could not care for the children as the primary parent.

John Skelton filed a motion for custody on Sept. 27, saying his wife was a registered sex offender and was unfit to parent their three children.

The question here is: why did this happen? Custody battles are often acrimonious and ugly with both sides feeling down and out. But it is never an option to hide children from the other parent or even worse harm them. Courts of equity always review custody cases and make informed decisions with mental health professionals.

Here, in this case, both parents “agreed” on a parenting schedule where they would both see the children and continue to regularly parent. What went wrong? Why did this father feel so desperate that he may have done the unthinkable? Had he undergone therapy would he have learned to cope with the divorce and financial ruin? Would he have been able to cope not living under the same roof with the children on a daily basis? Did he cry out for help since the inception of the divorce proceeding?

Using your children as a pawn is never the answer. These beautiful boys deserved to be loved by both parents. We pray for the safe return of the Skelton boys and pray that no one ever takes a custodial dispute into their own hands. Remember, the test is always the best interest of the children not the parents.

Legal Beat: Numbers Behind the Charlie Sheen-Brooke Mueller Split

Can money buy you love? Clearly not for Charlie Sheen. Looking at what his split from Brooke Mueller will set him back, it’s worth asking if he did a good or bad job protecting his wealth.

As a divorce attorney, my advice is to never marry if you are not ready or have no plan for marital longevity, and even if you are committed to making your marriage work, protect your assets. And look no further than these mind-boggling dollar amounts to see exactly why. Yes, Sheen will get to keep the bulk of his $75 million fortune, but Mueller does get quite a payday after a year-and-a-half of marriage.

I’ve read through the 43-page settlement that was filed, and here’s what you need to know:

► $55,000 a month in child support for their children until they are at least 18

► 50 percent of the revenues from the Getty Images partnership they made together

► $45,000 in moving costs

► A lump sum payment totaling $757,689

► A 2009 C600 Mercedes

► $1,254,846 for equity in their former home

► One week to use Sheen’s timeshare

► $50,000 in attorney’s fees

The settlement also gives Sheen a very generous parenting plan without nanny supervision and ensures that both parties will be silent on any alleged drug use or sexual affairs that Charlie may have dabbled in during the marriage.

The parties did have a prenuptial agreement — signed three days before they wed — but they had children after the agreement was signed, so additional terms had to be added to the deal to accommodate the kids and some extras for Mueller. All in all, Mueller scored BIG time. But in the wake of their divorce, they leave two very small children who will have to cope with their parents misgivings in a very public way. (via Popeater.com)


Vikki Ziegler on HLN 2 Nov 2010 Joy Behar
Uploaded by vikkiziegler. – Discover videos of people, family and friends.

SB Legal Beat: Fantasia The Mistress & The Law

The creation of another Sudden Bachelor (sort of): Fantasia messing with a married man? Say it ain’t so! Could Fantasia be liable to her alleged boyfriend’s Wife for Millions? Under North Carolina law, a wife can sue a third party mistress for alienation of affection or criminal conversation if she can prove that their was 1) a loving marriage; 2) that was destroyed and 3) that the third party’s wrongful acts destroyed the marriage.

After reviewing the allegations contained in the Complaint by Mrs. Cook and if corroborated as true, it appears like Fantasia may have involved herself with the wrong guy in the wrong state! There are only 7 states that allow for an aggrieved spouse to sue a third party for malicious conduct that contributed to the breakdown of the marriage. There also may be a sex tape out there as well, so this case could get interesting very soon.

Moral of the story if true – don’t let your mistress tattoo your name on her chest- it makes for a great Exhibit in Court!

SB Legal Beat: Your Pre-Marital Survival Guide


For all you SBs who might want to get married again or for the first-time, have a look at my new book Your Pre-Marital Survival Guide and take notes.

“Marriage is more than four bare legs in bed”
~ Hushang N. Akhtar ~

Never forget that every couple is made up of two individuals; the more unique the individuals, the more complex the couple. When it comes to the long haul, complexity is not exactly a dirty word. Getting to know one another over the years is the spice that makes growing old together even more flavorful.

Two basic personality types – “A” and “B” – govern the way we live both our personal and professional lives. However, sometimes the personality type that makes us successful in our careers, can wreak havoc on our relationships. The first step is to understand your “type,” – and then your partners’ type.

1. Type A: The traits of the classic Type A personality are: ambitious, overzealous, demanding, detail-oriented and obsessive. Type A’s are often accused of caring too much about work, success or their careers.

2. Type B: The characteristics of a typical Type B personality include: friendly, relaxed, and – simply put – in no particular hurry. Type B’s often are accused of not caring enough about work, success or their career. Each personality type often has a hard time understanding, or relating to others, which can naturally make it difficult when Type A’s and Type B’s get engaged.

There is no wrong or right type of personality, of course, but you do have control over how you behave, and it is your behavior that determines what type of personality you exhibit. For instance, if you are a classic Type A, you can certainly work on taking life a little easier, not sweating the small stuff and being less competitive at work and at home. If Type B is more your style, you can absolutely gear up for things a little more and take your career and relationships more seriously. The key is not to be down on yourself for who you are, but to compromise with your partner so that your personality styles complement, rather than clash, with one another. Many people think it is their job to change their partners; but true change comes from a desire within, and you can neither control it, nor expect it. Change happens, but voluntarily and over time. Compromise is the soil in which true change is planted.

SB Legal Beat: TOXIC Bachelor

Editor’s note:
Piggybacking  on our Mel Gibson post from yesterday – we’d like to introduce you to our newest guest contributor – divorce attorney, author and frequent TV personality Vikki Ziegler. Be sure to check back for more posts.


So Can Mel Gibson ever find another girlfriend after these alleged tapes have come to light? Well, Sudden Bachelors here are a few tips for the Mel’s of the world:

1.   Try NEVER to have an unwanted touching of a female especially when her teeth are involved. Walk away before violence escalates, as it serves everyone’s best interest. Lucky for Mel, Oksana didn’t have a mean right hook like Tyson!

2.   Never call your girlfriend up and scream so loud that unless you are on a treadmill it appears as if one of your eyes were going to pop out of your head. When you are arguing, count to 10 and if your heart is still racing wait to have a conversation. Women react with harsh words and cry. Mel, well he broke all rules and boundaries of decency so when in Mel’s shoes, lock yourself in a room and don’t utter a word until you have come down from the tirade. Your career, freedom and life could be at stake and it’s REALLY not worth it!

3.   Women love their rose bushes. Never threaten to put your beloved in hers – it will never go over well. Also, as you may know, it’s a threat and can place you in jail. Think bad thoughts don’t say them out loud EVER!  Think about it- Mel Gibson has made the most outlandish statements about every race, color and allegedly attacked a female. At least you can say to yourself today “boy , my life isn’t so bad.” I would love to give Mel some advice for dating his next muse but I think he’s got too many legal troubles to think about dating ANYONE for a while. What say you?