Tinero, Aharonov and Associates Tinero*, Aharonov and Associates A Family Law Practice, LLP

* Ellen Friedman Tinero has retired from the firm


Jared Fogle requested visitation rights as part of the divorce

By now, most California readers have heard about the criminal charges filed against Jared Fogle, who used to be the spokesperson for Subway. Within hours of Fogle entering guilty pleas to two charges relating to his activities with minor children, his wife filed for divorce. Fogle requested visitation rights as part of the divorce, but his wife filed court documents opposing it.

His wife cites the fact that Fogle admitted to viewing child pornography and to being a pedophile. A minimum of 14 minor children were victims of Fogle's criminal behavior. Furthermore, his wife claims that he was not a big part of the children's day-to-day lives even before his criminal activity came to light.

When judges are considering the issues of custody and visitation, it is the best interests of the children that guide their decisions. In most cases, the courts often attempt to keep both parents in the children's lives. However, if a parent poses a danger to the children, the court may take steps to protect them from that parent. Fogle's crimes against children will most likely be a significant factor in the court's decision.

Fogle may be the most prominent pedophile at the moment, but he is certainly not the only one in the country -- or even here in California. Most parents want to protect their children from being mentally, physically and/or sexually abused. If a custodial parent can provide the court with evidence of a conviction for crimes against children, visitation rights could be either severely restricted or denied in order to ensure the safety of the children.

Source: CBS News, "Jared Fogle's divorce from wife finalized", Nov. 25, 2015

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* Ellen Friedman Tinero has retired from the firm