Custody Laws: You Can't Choose Your Parents…

Orlando, FLWhile family law often involves tales of estranged bedfellows, where things get really complicated are the child custody battles. Custody laws usually guide lawyers along the family law custody road, but not in a vacuum. Other factors include things such as pre-nuptial agreements and the circumstances that can serve to make it that much easier, or harder, for the legal professionals involved.

And typical, everyday custody disputes often pale in comparison to the goings-on that sometimes erupt in the lives of celebrities, who often behave like the spoiled brats they are and act out the bizarre details in front of TV cameras for the entire world to see.

But not always. Sometimes the celebs get it right, and sometimes the everyday folk give you pause to shake your head.

Case in point: the divorce, finalized yesterday, between the highest-paid baseball player in American history and his estranged wife of five years, Cynthia Rodriquez. The latter filed for divorce less than three months ago from the celebrated Yankees star A-Rod. However, due to the presence of a pre-nuptial agreement that was signed when Alex and Cynthia married, the settlement proved relatively uneventful.

"All of their decisions were based upon, and guided by the best interests of their daughters," a lawyer was quoted as saying.

A-Rod, who is just finishing his first year of a 10-year agreement that pays him an astounding $275 million to play the grand old game, was accused in the divorce petition of infidelity—however that allegation likely would not come into play given that the State of Florida, where the couple resided together until just recently, observes no-fault divorce.

That, together with the presence of a legal pre-nup that was signed about a month before their November 2, 2002 marriage in Dallas, pretty much dictates the outcome. The betting legal opinion is that Cynthia Rodriquez would not be in a position to fight the pre-nup, but instead could negotiate with her former husband over custody rights. It appears as if the star New York Yankee was seeking an arrangement whereby the couple could co-parent their children together. What that means still has to be worked out.

A-Rod listed his residence as Park Avenue in New York, whereby Cynthia remains for the moment in the matrimonial home—a $12 million waterfront house in Coral Gables, Florida.

It is unknown if she will get the house. They have two children: 5-month-old Ella, and 3-year-old Natasha. Regardless of the outcome, it appears likely that the Rodriquez children will be cared for, remain safe and loved by their famous parents.

Contrast that case, to the case of a woman in that same State of Florida who allegedly turned a pressure washer on her 2-year-old child while in a car wash. It is not known if Niki Ramirez, who is from Orlando, is a single mother—but there is basis for that assumption, given that charges of child abuse have not been accompanied by a custodial claim from a partner or father.

Residents of Orlando have been following the trial of Niki Ramirez with interest—a trial that had to be delayed to allow the expectant mother time to give birth to another child. It was not reported how many children the woman has.

Ramirez maintains that she was not using the pressure washer in an effort to discipline the child, and also claimed that the pressure washer was not switched to the highest setting when the alleged assault of the 2-year-old child took place.

Still, it will be interesting to see what child custody laws are brought to bear in this case and whether the rights, and the protection, of a child override any maternal rights of the mother.