Family Law

Circumstantial Evidence

Posted on May 19, 2013
I receive the Washington Lawyer magazine every month.  When I see it in my mail I immediately go to the back page.  The back page contains a monthly article written by a D.C. lawyer named Jacob Stein.  The articles are always entertaining and are usually geared for the daily practice of law...

Abuse By Second Opinion: How & Why Sacramento CPS Targeted the Nikolayev Family

Posted on May 09, 2013
By now, you?ve undoubtedly heard the story of Anna and Alex Nikolayev, the Sacramento parents of baby Sammy who were stunned when Child Protective Services (CPS) workers yanked the infant out of his mother?s arms ? all because the parents had the temerity to request a second opinion from physicians...

Collaborative Divorce: Not Just for the Super-Wealthy

Posted on May 01, 2013
I?ve written briefly before about collaborative divorce on this blog, but one misconception about this relatively new method of ending a marriage continues to pop up from time to time. That misconception is that collaborative divorce is just for the wealthy and those with significant net worth values...

What Is Münchausen Syndrome By Proxy and Why Are Parents Losing Custody Because Of It?

Posted on April 29, 2013
Münchausen syndrome by proxy. It sounds dire. And for parents of sick children who have yet to receive a diagnosis from their medical care providers, it can be. But it?s not the illness their children have. It?s what their children?s doctors think the parents have...

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How to Thoroughly Make a Mess of Your Custody Case

Posted on April 24, 2013
Pardon the tongue-in-cheek headline, but, as a divorce and custody attorney, I have to admit that sometimes it seems as if straightforward advice may not get through quite as clearly as satire does. So, in that slightly-satirical-but-completely-serious spirit, and in honor of the day (though I’m not fooling you here!),  here?s my own version of [...

Parental Abduction and the Hague Convention, Part 2: What to Do If It Happens to Your Family

Posted on April 22, 2013
In the previous post, I shared a little background on the Hague Convention on Civil Aspects of International Child Abduction (?Convention? for short). This post, part 2 on ?Parental Abduction and the Hague Convention,? will cover several concrete things you need to know and do in the event this happens to you and your family...

Parental Kidnapping and the Hague Convention, Part 1

Posted on April 19, 2013
As Joshua and Sharyn Hakken now sit in custody, awaiting trial on multiple felony counts, one thing has become abundantly clear: the Hakken family history is a troubled one. The Hakkens ? parents of two young sons ? lost custody of their children after Louisiana police found the young family ensconced in a motel room [...

Three Ways Child Welfare Agencies Could Improve Their Investigations

Posted on April 04, 2013
According to an old maxim, you should never raise your voice to complain about a problem unless you can offer a solution. I?m not sure how true that is ? seems to me that there is value in merely pointing out that the house is on fire ? but it does seem only fair that, [...

What Remedies Are Available After False Abuse Allegations Are Raised?

Posted on March 28, 2013
After you?ve successfully defended your client?s good name against false allegations of child abuse and somehow shepherded him safely through the quagmire of a horribly abusive investigation, what?s next? Is there any remedy for a parent who has been intentionally put through the grinder of a false abuse charge? There are remedies, of course, but [...

The Case Notebook in False Abuse Cases

Posted on March 25, 2013
One of the most helpful things my clients in false abuse cases can do to help me do my best work for them is to prepare and maintain a current case notebook. What?s a Case Notebook? Simply put, a case notebook is a collection of documents and notes relevant to the ongoing case that?s maintained [...

False Abuse Allegations: How Big a Problem Is It, Really?

Posted on March 21, 2013
How many innocent people in the U.S. are targeted in child abuse investigations? It?s a fair question, but it?s a hard one to answer. Let?s first start with a definition. A false abuse allegation is one that is made with knowledge that it is untrue. So, from the start, we know we are not talking [...

Bass v. SC DSS: Gross Negligence and the ?Thorough Investigation?

Posted on March 18, 2013
Recently, I shared a post about a case from South Carolina ? the Bass v. SC DSS case.  That post was strictly a ?first-glance? opinion, but I think the case deserves a closer look and analysis. It plainly demonstrates some of the many problems inherent in a tort claim against a child welfare agency stemming [...

Parental Alienation: How to Stop It

Posted on March 14, 2013
In the previous post, I distinguished PA from ?parental alienation syndrome,? and also outlined some of the observable behaviors in children that have been the subject of parental alienation efforts. In this post, we will identify potentially alienating behaviors that parents may innocently engage in which could exacerbate the problem, and then pinpoint some strategies [...

Parental Alienation: What Is It?

Posted on March 12, 2013
If your client?s custody case is particularly hostile, you may begin to suspect your client is the victim of parental alienation. It?s an increasingly common occurrence in custody litigation and disputes, judging from anecdotal evidence supplied by divorce lawyers across the country, so it?s worthwhile to take some time to learn more about this phenomenon, [...

Wow, This is Just Awful?And a Good Example of What You?re Dealing With

Posted on March 03, 2013
On April 30, 2008, Diane Bass refilled her children’s prescription at Long’s Drugs. Unbeknownst to anyone at the time, the pharmacist mixed the prescription at a concentration of over one thousand times the prescribed strength. When the Basses administered the medication to their children on May 15, 2008, two children became sick, resulting in their [...

Ways to Help Avoid False Allegations of Abuse

Posted on February 23, 2013
Excellent article on ways of avoiding false allegations of abuse from the site www.MrCustodyCoach.com.

Custody Cases Often Turn on Credibility of Witnesses/Parties

Posted on February 22, 2013
When you have your day in court, and the judge rules against you, you have the right to appeal the judge’s decision.  In Arkansas, this means that you can have the Court of Appeals or the Arkansas Supreme Court review the decision made by the judge...

Actions by Parties During Pendency of Divorce Are Evidence

Posted on February 20, 2013
Parties are reminded that their actions during the pendency of their divorce case are very important.  Here, a party continued what was apparently an adulterous relationship even after the divorce was filed.  This is a factor for the Court to consider in deciding custody of the children...

Christmas ? 1776 Style

Posted on December 24, 2012
George Washington and troops crossing the Delaware River Based largely on a post originally published in January 2009 It always interests me when we fellow Americans talk about war.  The conflicts discussed are largely determined by the generation engaged in the conversation...

Grandparents Rights ? Relationship With Child Key Factor

Posted on December 10, 2012
Arkansas Code Annotated 9-13-103(c) establishes a rebuttable presumption that a custodian?s (parent or guardian) decision denying or limiting grandparent visitation is in the best interest of the child.  To rebut this presumption, a petitioner (grandparent) must prove that (1) the petitioner has the capacity to give the child love, affection, and guidance; (2) the loss of the relationship [...

Want To Save on Attorney?s Fees? Try Unbundled Legal Services

Posted on December 08, 2012
Note to attorneys: Check your jurisdiction’s ethics rules before engaging in unbundled legal services. The past several years have seen an increase in the number of attorneys offering “unbundled” legal services to their clients.  (The link in the previous sentence will take you to an excellent overview of unbundled legal services and I strongly advise [...

Is My Spouse?s Personal Injury Lawsuit Considered Marital Property?

Posted on November 07, 2012
(This entry involves Arkansas law.  Be sure to check your jurisdiction as laws vary from state to state.) Many times there is a pending personal injury lawsuit for one of the parties when a divorce is filed.  Is the non-injured spouse entitled to any of the money from the personal injury lawsuit? Arkansas Code Annotated [...

Keeping Your Children Safe on Halloween

Posted on October 29, 2012
Tips for keeping your little ones safe this Halloween.

Court Does Not Have to Look to Closest Relative Before Terminating Parental Rights

Posted on October 10, 2012
In this Department of Human Services case, the Court was faced with terminating parental rights of both parents.  The Court found that termination was warranted. Parents appealed and argued the following: Parents concede that they were in no position to reunify with A...

Civil Rights Lawsuit Alleges Racial Discrimination

Posted on October 09, 2012
Cogdell, et. al. v. The Wet Seal, Inc., SACV 12-01138 AG (ANx), U.S. District Court, C.D. California Courtesy of www.lewisfeinberg.com. This national class action lawsuit, filed on July 12, 2012 in the U.S. District Court for the Central District of California, charges that top executives at Wet Seal directed senior managers to get rid of African-American [...

Attorney?s Fees and The Clients That Pay Them

Posted on October 07, 2012
A lawyer’s time and advice are his stock in trade. – Abraham Lincoln   So you’ve met with the attorney, decided that he is the one for you, and your palms are starting to sweat as you get to the inevitable question that you knew you would have to ask…”So how much is this going [...

Why is Serving My Divorce Papers on my Spouse So Important?

Posted on August 23, 2012
So your lawyer keeps making a big deal out of properly serving your divorce papers on your spouse?  And it seems to be taking a while.  You want this overwith.  So you call your lawyer, and he persists in telling you that he needs to go through the proper channels to get your spouse served...

3 Suggestions For Better Communication With Your Ex

Posted on August 19, 2012
Great article from Nancy Kay, a divorce management coach/paralegal located in Ohio.  Poor communication between divorced parents is one of the main reasons for arguments and added stress for both parties, not to mention the children.  Children can feel your pain...

What Does My Lawyer Do All Day?

Posted on August 18, 2012
                Most clients have a certain pre-conceived perception about what their attorney does on a daily basis, and the legal process in general.  Television has only served to distort the perception.  Legal television shows give the impression that a person can walk into a lawyer’s office the day [...

The Divorce Hotel: Crazy or good idea?

Posted on July 25, 2012
So now we have the Divorce Hotel.  You and your spouse check in on Friday (separate rooms of course) and leave on Sunday with your divorce papers completed and ready to be taken to court for filing.  No fuss no muss.  Lawyers, mediators, psychologists, and other professionals are all on hand to handle whatever issue [...

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