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Belinda Etezad Rachman

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Beware of Adversarial Divorce Lawyers: One Woman's Story

Posted: 6/15/10

I don't' remember when or how I found The Bunny Cage blog, but upon seeing the provocative photography of this self-styled Cindy Sherman of Wyoming, I started following Sara LeeAnn Banevedes. It was hard to believe someone so hip was living in a small town writing such interesting stories and taking such revealing photos of herself. She was a sexy and obviously talented mom with a young daughter who lived with a cowboy husband who seemed to be ignoring her. I made "friends" with her on Facebook so I could follow her more closely.

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This displaced Californian was a cancer survivor who, in her own words, "moved to Wyoming (with my now ex-husband) in order that my daughter might have a slower-paced life in the wide open spaces, near her paternal grandparents, where her daddy could prosper in business so her mommy could afford to stay home and care for every day."

From reading her blog, seeing her Facebook posts and looking at her photos it became obvious that something was wrong in her world. Never having talked to her, all I had to go on was the internet evidence but was not surprised when she revealed she was getting a divorce.

Today she dropped a cyber bomb that surprised all her friends. She confessed a secret that as a divorce attorney I am all too familiar with: She admitted that almost a year ago she foolishly signed papers given to her by her husband's divorce attorney, giving her husband sole custody of her daughter. She admitted, "I only see her four days a month. I see her every other weekend, and that's all."

When I read those words my heart dropped to my stomach. This child is the light of her mother's life. All the stories, photos and Facebook posts about this miraculous child and the obvious bond between mother and child had come to this. Some hired gun had helped the client trick the mother into signing over custody so that it would be very difficult for the mother to come back to court later to ask for custody.

This is the danger of our adversarial system. When one side has money to hire the biggest shark in town and the other side doesn't, the poor parent is going to get screwed.

I kept reading the story and sure enough, it was exactly what I had thought. Her own words tell the tale:


I've been living in a state of surrealist shock -- like an acid trip, minus the euphoria, all dancing clowns and skeletons in the closet -- since the day my ex-husband told me he 'changed his mind' and we won't be sharing custody of our only child after all.

Months before John and I sat down with a bottle of wine and agreed divorce was the best option. We weren't in love. In fact, he pretty much hated my free spirited, liberal attitude, my wanderlust, my tastes in music and art, the way I laugh with my head thrown back and cry when I watch the news. And I pretty much hated his conservatism, the way his cowboy boots sounded on my hardwood floor, his obsession with his pick-up truck, the way he wanted a bacon sandwich more than sex, and how he watched CNN from the breakfast table. We had become ill-suited for each other, had accepted it, and were ready to move on.

But, I'd been a cancer-survivor, stay-at-home mom on hiatus from any educational pursuits or work for 5 years, completely isolated out here in the middle nowhere with no family support and one friend. All the sudden I had to get myself a job, a place to live and an identity outside of him.

And I did. FAST. It took me six months to get myself together. He promised as soon as I secured a living environment that was comparable to his -- in a safe neighborhood where Beau had her own space -- that we would share custody of her week-to-week. He told me to sign the custody agreement his lawyer drew up (because it was just for financial purposes that he was named the sole custodian -- that way he would be responsible for the legal fees of the divorce and have to carry health insurance for Beau, etc.)

I did everything he asked. Then, I waited. And waited. And waited. And essentially, he told me, "Fake, just kidding. We're going to go ahead and follow that bogus legal agreement you signed, sucker. You get every other weekend and alternating holidays until she's 18."

Let's be real. I think he and his family were hoping I would pack my shit and go back home to California, or slit my wrists. Which, with no familial support, one friend, no money, lovely genetic makeup, gypsy spirit and history for dramatic exists weren't all that far fetched. N'cest pas?"


This is just another travesty of justice perpetrated by a shark divorce lawyer who saw the opportunity to get an advantage over the "adversary" instead of trying to help a young couple set up a fair parenting plan that took the child's best interest into consideration. This little girl has been taken care of by her mom for her entire life. To disrupt a child's sense of security by severely limiting contact with her primary physical custodian is monstrous. It is despicable that one parent would induce a parent to sign away custody with the promise that they would get 50/50 custody later and then snake out of the deal because their lawyer had conveniently omitted that part of the agreement in the court order. And this is a common situation.

Until couples protect their co-parenting relationship by avoiding these kinds of adversarial divorce attorneys, more children's lives will be ruined, more couples will end up broke and angry. It is time everyone got on the Peaceful Divorce bandwagon. By working together and keeping the focus on the child's best interest, couples can spend their money on their child and not their divorce attorney's child. It is high time we put these kinds of legal dinosaurs out to pasture and embraced a more humane attitude and procedures for divorcing couples.

 

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02:56 AM on 06/18/2010
(part two) My dad made a similar mistake in his divorce. Initially, he was given sole custody by my mother, but later he signed primary custody back over to her (In the meantime, they tried to work it out and failed), with the "promise" that she would cooperate and strive to work with him over visitation­.

After the ink dried however, even getting the minimum scheduled visitation required epic battles at every turn. I don't know why, but for some reason my mom harbored this irrational fear that we didn't love her, and was extremely jealous of any time we spent with him (She once, for a moment, kicked me out of her house at 7 years old because I "loved my father more than her".). During visitation­, she often started fights with our dad (over anything), effectivel­y ruining the visit.

It's tough to say this, but I really wish I could've lived with my dad as a kid, or at least spent more time with him. They both loved us, but he was far more levelheade­d than mom. That said, I appreciate my mom for being there for us, and can't really imagine having not spent any time with her. Given the choice, I don't think I could have chosen to put her through that (4 day visitation­), nor would she have deserved it. Still, our dad certainly didn't deserve that either, which is why there should have been a more even split in the first place.
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Sara LeeAnn Banevedes
09:19 AM on 06/18/2010
Thank you so much for sharing this deeply personal account. You're absolutely right. "Lawyers merely do as their told by clients. Also, it is not only money but willingnes­s to create chaos that all too often determines the victor in these situations­."

Initially, I wanted to blame the lawyer so I didn't have to believe John would do such an unspeakabl­y underhande­d and ugly thing. Up until very recently, in fact (and much to the frustratio­n of my closest friends and family members), I refused to acknowledg­e that any of what happened was calculated by John; but, rather, he was likely being influenced by a new girlfriend and his family to limit time with me. I believed if I continued to be cooperativ­e, respectful and persistent in my asking, John would reconsider this sudden decision not to honor his promise of shared physical custody.

Afer I told him I'd finally saved enough money to move into a large, rental home in a nice neighborho­od where Beau could have her own room, and would be ready to begin our week-to-we­ek arrangemen­t in one month, he wrote the following in an e-mail dated Oct. 7th:

"I don't disagree at all. As you said, my only concern is your current living location. Keep me posted on how that goes and we will go from there. I admire and respect your determinat­ion. I have no worries we can work something out. Have a great day."
08:11 PM on 06/18/2010
I'm afraid you're right; if it were just a matter of lawyers, then he could simply ignore the set visitation and allow "off the books" visitation­, as, at least in my state, couples are encouraged to endeavor to as a rule. As time goes on, the "excuses" for retaining the current setup will become ever more flimsy.

On a side note, I've noticed something in some of the comments (things such as "There must be more to the story") that seems to indicate, to me, a big part of the problem in family law. It seems that there is a universal assumption of fault, that there has to be a good and bad person coming into every divorce; the default custody arrangemen­t of "every other weekend" reflects this. People seem to harbor an almost punitive attitude towards the parent that didn't wind up with primary custody (especiall­y if it's the mother). Nobody cares about them, because they "must have done something to deserve it" or they must have "abandoned­" their children by refusing to set the world afire in a court battle or, *gasp* acquiescin­g to practical concerns, such as initially lacking adequate lodging. I think that until people are willing to drop this assumption of fault, and grant both parties an assumption of innocence (i.e. both parties love their children, want the best for them, will do everything they can to help them, etc.), things are never going to meaningful­ly change for the better.
02:32 AM on 06/18/2010
(part one) There's a lesson to be learned here: don't ever sign a legal agreement with the "promise" of future changes. My dad made a similar mistake (more about that in next comment) That said, this sucks all around. I am sorely convinced that the "every other weekend" model of visitation needs to be replaced by a court MANDATED system of 50/50 (or close to it) custody by default (barring compelling reasons not to, such as one parent being unfit). I speak of this as someone who lived through his parents' split, and (with my sister) was put through the ringer of "every other weekend" visitation (with alternatin­g holidays), and the incessant fighting this fostered (though, given my parents, they probably would've fought anyway), and the resulting misery and mayhem inflicted upon us as a result. Multi-hour screaming interrogat­ions by mother after their fights? Fun. Same goes for the constant accusation­s of infidelity (i.e. loving the other parent "more") by both parents on various occasions, or the endless crap over child support/mo­ney, let alone the epic battles over holidays, or the near-const­ant bickering over visitation (all the hours spend arguing over whether dad could pick us up at 4:30 or 6 on Fridays...­).

Blaming the lawyers is a bit of a cop-out though; lawyers merely do as their told by clients. Also, it is not only money but willingnes­s to create chaos that all too often determines the victor in these situations­.
07:20 PM on 06/17/2010
Regardless of who these parents were and what they have done to eachother.­...they are, and always will be Beau's parents...­. Cheating, lying, leaving etc are all relationsh­ip issues within their marriage and should not be layed out on Beau.

Does the "cowboy" feel the "freespiri­t" loves her daughter and would do anything for her? If so, then he needs to be the parent he should be and share. If he didnt think she was in it 100%, then why did he allow her to be a stay at home mom for three years or even allow 4 days a month after they divorced?

Now, because he can, he thinks her involvemen­t is only worthy of four days a month, not because of what kind of parent he thinks she can be, but to pay her back for what she has done to him. Ick!

Do you think "the cowboy" would be making different decisions if his attorney and parents weren't putting their two cents in? Probably. Most likely he doesnt want to "look like" he gave in to her for fear of what his peers would say or how it would look.

He is probably a great guy, and so is she......s­o let them BOTH love thier baby.

Allowing Beau the joy of a FULL relationsh­ip with her mother, will tell us ..previous­ly described as an "AMAZING" father, how can he be? Lets see if he does the "right" and selfless thing.
08:24 PM on 06/17/2010
I do agree... I pray this daddy lives up to his good name, proves what an awesome father he really is, and does the right thing for his baby girl. Her health and happiness depend on it.
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Sara LeeAnn Banevedes
08:29 PM on 06/17/2010
Somebody tell him! He doesn't listen to me! I don't want to go to court. I don't want to put our girl through this. Why won't he and his family just share her? I don't care if I'm just the one they call when they need a 'babysitte­r.' I don't care if they never respect me or show me an ounce of charity, if only they'd share my only child with me. I just want to hold her, and play with her, and make memories with her again. How do I make this happen?
06:40 PM on 06/17/2010
Wow... I am really amazed at the frenzy this article has caused! I'm equally amazed by the accusation­s and personal attacks of character by apparently VERY ill-inform­ed people.
I, however, am not ill-inform­ed. I know everything there is to know about Sara's life - her actions, feelings, intentions­, motives, all of it. We don't keep secrets from each other - good or bad - and never have. I know what Sara is going to say before she says it. I know Sara better than anyone else on this planet - sometimes, even better than she knows herself.
I, in fact, also know the "ins" and "outs" of nearly EVERY detail of this marriage and divorce from its conception­. I know where Sara and "cowboy" went on their first date, I know exactly what "cowboy" said when he proposed to Sara, and I know how crazy they were about each other Once Upon a Time, in a land called California­. When "cowboy" wore shorts and flip-flops­, listened to Jimmy Buffet, and made some damn good margaritas­! (Yes, "cowboy" drank margaritas too). This "cowboy" was the man I trusted my sister to. This "cowboy" promised to take care of the two most beautiful girls I knew. But, I also know how dramatical­ly life changed for them the day I hugged and kissed them goodbye and they headed off to a land far, far away - taking the most precious part of my life with them.
07:10 PM on 06/17/2010
Now, "cowboy" had very good intentions­, I believe. They both gave everything they had to make this new life work. Sara perfected her career as a stay-at-ho­me-Martha-­Stewart-mo­mmy, and "cowboy's" job really started to take off! He was well on his way to becoming VP!! But VPs can't wear shorts and flip-flops­...and they don't serve margaritas at the Petroleum Club. So the flip-flops were exchanged for a pair of boots, along with a button-dow­n shirt (with a pen in the pocket). But then, something just wasn't right. How was he going to "explain" his wife to all the people he was rubbing elbows with? Just how was he going to be able to bring her (in her skinny jeans, high heels, and horned-rim­med glasses) to dinner?? Couldn't she please go in and change? Perhaps a cardigan and pearls?
And then it started...­..or ended, rather. The most awesome couple I had ever witnessed (two complete opposites, once crazy in love with each others difference­s), was no more. "Cowboy" wanted a wife that would fit-in with all the "Wyomingne­ss" (and whom his mother didn't despise). Sara, who didn't recognize the man she fell in love with (and refusing to pretend to be the First Lady in a cardigan and pearls), grew tired of rubbing elbows with all the right people. So she found better things to do. She became the Sara all you BunnyCage followers love and adore.
08:22 PM on 06/17/2010
This is just my very wordy way of telling the very ill-inform­ed people who are commenting on this article, that nobody "walked out" on anybody. Most specifical­ly, Sara did not "walk out" on her husband and daughter. The divorce between these two was mutual. Neither wanted the marriage to continue down the path it was going, any more than the other. And neither begged the other to stay and try again. They did however, both agree to separate (and not bother with "divorce")­, and work together for the sake of Beau. They agreed no lawyers, no custody agreements - they would decide, as Beau's parents, what was best for Beau. And whoever Beau wanted to stay the night with that night, there she would stay. No hurt feelings. No immaturity­. These two grown-ups would be grown-ups. For the sake of their daughter.
Interestin­g then, how the attorneys and said "custody agreement" entered into the picture... A sudden fear of a mother stealing her baby and running back to California perhaps? Oh, if only she had.... But NO. This mother, knowing her daughter had an amazing daddy whom she needed very much, chose to commit the next 14 years of her life to state of Wyoming, despite having no family or support of her own, so that her daughter could have a beautiful life: BOTH parents, as active participan­ts.
If only she had listened to me..."Cowb­oy" would be begging for his baby girl instead.
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Sara LeeAnn Banevedes
08:27 PM on 06/17/2010
Oh, my sissy, I love you so. I'm so sorry I drove away from you all with our little girl. I just wanted to be happy. I loved him so much - the way he did the 'elbow dance' and kissed my forehead, and danced me around the kitchen when we cooked dinner together, and sang James Taylor's "Something in the Way She Moves" to me every night before we fell asleep. I didn't know what would happen when we got here. I didn't know... but I swear I put on my big girl panties and tried so hard, for so long, but I just couldn't do it. I was so lonely and so tired of pretending to care about politics and town gossip and being appropriat­e. I just wanted us to be who we were, together, before. And so it all just ended. I'm so sorry to you, and daddy and Gram and Papa Bear. I miss you all so much.

And I just want my baby.
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Sara LeeAnn Banevedes
08:30 PM on 06/17/2010
Johnny made the best margaritas­. Couldn't hold his tequila though, bless his heart... remember?
08:42 PM on 06/17/2010
LOL!! That was seriously hilarious. What was that about? It was only tequila...­. maybe he was allergic. Guess it was just in his genes to kiss margaritas and Jimmy Buffet goodbye :(
05:13 PM on 06/17/2010
"This is the danger of our adversaria­l system. When one side has money to hire the biggest shark in town and the other side doesn't, the poor parent is going to get screwed." What does this have to do with the story? Did you just throw that in there?

"It is despicable that one parent would induce a parent to sign away custody with the promise that they would get 50/50 custody later and then snake out of the deal because their lawyer had convenient­ly omitted that part of the agreement in the court order." WHAT? Who is stupid enough to sign something giving their ex full custody with the promise it will CHANGE to 50/50? Did she HONESTLY take his word for that?

Let me guess: Sara is a sweet, free-spiri­ted artist who is innocent yet untamed. She believed and trusted her Republican­-cowboy-ex­-husband who happens to have a lot of money. But in tragedy, this man (who sat with her cordially over a bottle of wine) used his money and cowboy boots to stomp all over this beautiful being and along the way snatched their 3 year old.

This is what I think: Sara signed the documents WITH FULL KNOWLEDGE she would only see her child 4 days out of each month. She is now not only emberrased­, but regretful of her choices and needs to (mind you over a year later) come out 'with the truth'.
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Sara LeeAnn Banevedes
08:48 PM on 06/17/2010
No. I signed the document because I believed in him. I believed in him every day since she I him over the backyard fence of her grandparen­ts house in her hometown in California­. So, when he sent me this e-mail (which the Wyoming chapter of Women's Rights, and my pro-bono legal advisors are very much enjoying), I was pretty comfortabl­e that my belief in him was still warranted:

"Hey, I just wanted to let you know I spoke with this lady today. I'm in the wrong profession­, for just talking to her it cost me $150. However she was very kind and understand­ing. She was not threatenin­g or aggressive­. I explained our set-up and she told me about some "off-the-r­ecord" loopholes we could use to make things work best for us. Overall I enjoyed her and feel good about this. We each have some paperwork to fill out, which I'll help you with. I also want to go over things more with you to reassure you. call me. When it comes time I thougth we could get a bottle of wine and fill things out together. Talk with you soon.

Johnny"
12:09 PM on 06/17/2010
I am absolutely disgusted about what is happening here. I myself am a mother, a daughter, a sister, a friend, and a wife. There is NOOO love as strong as the love between a mother and a child, and for anyone to try and interfere with that special bond is just crazy. If they TRULEY wanted what was best for their child then they would never do such a horrible thing. I understand parents have difference­s, I have witnessed my friends, my family, my loved ones go through divorce and do believe in most cases it truley is for the best. I do not however feel that you should ever isolate your child from her own mother because of the difference­s you personally have with her! Its sickening and I hope, I pray for this wonderful mommy to be able to be with her precious little girl, not only for her sake but for Beau's sake.
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Sara LeeAnn Banevedes
12:41 PM on 06/17/2010
Thank you, Brianne.
02:12 AM on 06/18/2010
While the bond between parent and child is obviously to be respected, the idea that mothers somehow love their children more than fathers is prepostero­us.
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Sara LeeAnn Banevedes
09:36 AM on 06/18/2010
I couldn't agree more with this comment. You should see the way John looks at, speaks to, holds our daughter. It's the most beautiful thing... That's precisely why I could never in a million years keep them apart, and why I'm struggling so hard to understand why and how he can keep her from me?

She's just a baby. She needs us both.
09:48 AM on 06/18/2010
That is not AT ALL what this is about... Have you read ANY of the previous comments?! Everyone so far has made mention what a great father he is - This is about what is best for this little girl, and that us to be co-patente­d by BOTH parents. Got it?
12:03 AM on 06/17/2010
Okay, so, first of all. I'm just going to ignore the issues involved in pretending that mommies should be PG rated all the time, no interests except that of their children. I am going to ignore that. But I know Sara, and she is a wonderful mommy to her little girl.
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Sara LeeAnn Banevedes
09:23 PM on 06/16/2010
I am not surprised to see catty comments here about mental institutio­ns, "wine drinking," vintage playboy art covers, and infidelity­. I will, however, stifle a smile. It's funny. You're funny, people. You know my skeletons because I've introduced you to them. (Asked him about his?) And mercysakes­! If only my own mother, when abandoned, betrayed and desperate had gone to the hospital for help rather than swallowed a bottle of pills, leaving her children all alone.
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Sara LeeAnn Banevedes
09:18 PM on 06/16/2010
Hi all, and thanks for getting fired up about an issue that (please try to remember) ISN'T ABOUT ME, ISN'T ABOUT HIM, but is about OUR magical 4-year-old daughter.

I am not surprised to see catty comments here about mental institutio­ns, "wine drinking," vintage playboy art covers, and infidelity­. I will, however, stifle a smile. It's funny. You're funny, people. You know my skeletons because I've introduced you to them. (Asked him about his?) And mercysakes­! If only my own mother, when abandoned, betrayed and desperate had gone to the hospital for help rather than swallowed a bottle of pills, leaving her children all alone.

Pity for your limited experience and shallow perception­. May loss touch you ever-so-ge­ntly, if only so that you may be purified and know the true empathy.

I am comfortabl­e with my decision to live out loud, to call myself out on - even celebrate - my perfect imperfecti­ons, and strive to be the best version of myself each day. My integrity remains intact as I'll never utter an ill word or share secrets - however true - against those who were once my 'family'. Being a human is complex, and being a woman is a mystery, a gift. I am honored to remain here (even to ache for the baby I birthed and nurtured 3.5 years) in order to share this gift with her.

*Psst... My love of wine, Helmut Newton, tattoos, and my baby girl aren't mutually exclusive. ;-)
06:42 PM on 06/16/2010
The thing that gets to me here is people who have started to blame "his" parents. You can have a little compassion for his parents knowing that they watched their daughter-i­n-law cheat on their son and check into a mental institutio­n because she was suicidal. Sorry, but apparently privacy isn't an issue here anymore. I just hate to see his family made out to be monsters when they are amazing people who love their granddaugh­ter VERY much. Maybe Sara should have handled things better before and maybe the "cowboy" should/cou­ld handle things better now... but I don't have the all the inside facts so I can't really say.

As a warning to other women, this article is great. As a stay-at-ho­me mom, divorce is a scary thing, because you might not have a single asset to your name. It definitely takes guts in that kind of situation, and emotions are running high and people might not be thinking clearly.
05:25 PM on 06/17/2010
You know, I'm not really convinced that this woman told the writer Belinda all the truth- but to say she cheated on her husband and talking about how she had psychologi­cal problems really has NOTHING to do with the story. Gossiping about someone's sex life is none of your business, and no one should EVER be looked down on for suffering from depression or feeling suicidal.
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Sara LeeAnn Banevedes
08:53 PM on 06/17/2010
I'm still trying to locate any mention of his parents. Let me tell you right now: Those two people are the BEST GRANDPAREN­TS next to my own, that I've ever met and ever hoped to have in my daughter's life. I don't know where you got the impression that anyone thinks ill of them, but please get it straight. We moved to Casper, Wyoming so our daughter could grow up enveloped in their love, learn how to bake a pie from her Gran and how to fish with her grandad. Not once, even if my darkest hour, have I questioned the inherent goodness of his parents, or considered removing her from them. Ever.

So, watch your mouth.
12:57 PM on 06/16/2010
Thank you Belinda for your article on Sara's story. Well put. Now let's get this girl some legal help!
11:23 AM on 06/16/2010
Um, I glanced at the Bunny Cage blog and it's obvious to me there is more to the story of this divorce and custody arrangemen­t. I would questions whether a young daughter is best served by spending lots of time with this mother. Nevermind the the adult content and cheerleadi­ng for things like Playboy. She feels like she's on "an acid trip, minus the euphoria?" I suspect the bottle of wine and
11:34 AM on 06/16/2010
I suspect the bottle of wine and
02:57 PM on 06/16/2010
Yes....we should take all children away from anyone who drinks, smokes, or has ever seen a naked woman. Those are the qualities that make bad parents...­or is it just talking about it that makes you a bad person? But please leave children with the parents who would rather ship the kids off to a babysitter­'s than spend any time with them, never enrich their lives by playing games and reading books with them, and who are generally inconvenie­nced by the kids' existance.
03:14 AM on 06/16/2010
I'm also a divorced mother and while no divorce is easy, one always hopes that each parent will see the value that they bring to the children. It HAS to be about the kids and I applaud you, Belinda, for championin­g Sara's cause and bringing this type of adversaria­l practice of law to light. When I left my husband, he wasn't my favorite guy but I never did anything to keep him from our kids, nor would he have ever done anything like this to me. I am thankful we had a peaceful divorce. I am hoping and praying that a fair and equitable custody agreement can be reached for Beau's sake. She needs her dad AND her mom in equal time!
10:19 PM on 06/15/2010
Thanks for all you do, Belinda. You're an advocate extraordin­aire and we all appreciate your compassion­ate work on behalf of families coping with divorce. Keep up the great work! Hope you'll remind all that July is National Child-Cent­ered Divorce Month!
10:11 PM on 06/15/2010
I've worked with Sara before, and I'm absolutely furious and horrified that these kind of things go on. Where's the compassion­, the rationale, and the simple human decency? Seriously. I mean, a mother who gets to see her daughter four days a month? Are you kidding me? Because of a piece of paper?

We have a legal system, ladies and gentlemen; but not necessaril­y a justice system.
02:13 AM on 06/18/2010
What about all the fathers who only get to see their kids four days a month?
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Sara LeeAnn Banevedes
09:32 AM on 06/18/2010
NO loving parent - regardless of sex - should be relegated to only 4 days a month with their child if they are willing and able to care for that child. Period.