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Mel Gibson's Custody Nightmare

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Oksana on the Attack Against Mel

3/16/2011 9:40 AM PDT by TMZ Staff

Reviewed by Attorney Nichole A. Collins, Family Law Division Leader


Lawyers for Oksana Grigorieva are going after Mel Gibson right now in the family law case ... trying to get the judge to hold a hearing on whether Mel struck Oksana.

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Sources connected with the case tell us ... Oksana will ask Judge Scott Gordon for three things this AM.

-- An order forcing Mel to sit with a shrink to determine his mental state.

-- A hearing to determine if Mel did indeed hit Oksana. Oksana's team cannot use Mel's no contest plea in the criminal case because Mel made no admission that he did anything violent.

-- An order awarding Oksana sole custody based on the D.A. rejecting the extortion case against her. Oksana's team believes Judge Gordon may have been influenced by Mel's assertions that Oksana committed extortion, and now that the case has been rejected they feel custody should change.

In Pennsylvania, the courts will consider a variety of factors in determining who the appropriate parent is for purposes of custody.  The paramount concern for the court is what is in the "best interests of the child."  The court will consider the existence of family violence as well.  The likelihood of an abuser receiving primary physical custody is slim, especially if there are allegations of child abuse.  The new PA statute mandates that a court discuss this factor in an opinion if it exists. 

It is imperative that you seek knowledgeable counsel for your custody matter.  Your children will thank you for it later. Contact us at 717-695-8849 or log onto http://www.shafferengle.com/Family-Law/ for more details.  Email us directly at nichole@shafferengle.com.

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