Michigan
Updates in Michigan Family Law 
Updates in Michigan Family Law is a blawg written by Traverse City, Michigan family lawyer Jeanne M. Hannah. Jeanne explores developing Michigan law, and also the following topics of interest: divorce, custody, child support, paternity, domestic abuse, and adoption issues.\r\n\r\n
Post Frequency: 0.7/day Last Entry: November 21, 2009 at 10:58:40 Recent Entries: 238
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Fathers awarded custody more often
Posted on November 21, 2009According to Working Mother Magazine, many women who are the primary wage earners in a marriage are losing custody of their children to their husbands when the marriage ends. Working Mothers says that there are now 2.2 million divorced women in the United States who do not have primary physical custody of their children, and that an estimated 50 percent of fathers who seek such custody in a disputed divorce are granted it.
David Goldman to testify in Washington
Posted on November 20, 2009The Associated Press reports today that David Goldman of Tinton Falls, New Jersey will testify on December 2nd before a congressional human rights panel in Washington. David is the father of Sean Goldman who was kidnapped by his mother more than 5 years ago.
Custody awarded to father
Posted on November 20, 2009A trial court awarded custody of two minor children to a father and the Michigan Court of Appeals ["COA"] affirmed on November 10, 2009 despite the fact that the mother had been the primary caregiver since the birth of the children.
Prenuptial agreements | The importance of full disclosure
Posted on November 16, 2009Should a person sign a prenuptial agreement to which no financial disclosures are attached? A prudent person (especially a prudent lawyer advising a person) would make sure the financial disclosures are attached to the prenup to prove full and fair disclosure or assets and/or income.
Spousal support | Penalties for late payment dischargeable in bankruptcy
Posted on November 16, 2009Support payments are not dischargeable in bankruptcy. But what about penalties imposed for failure to pay support? The 1st Circuit Court of Appeals held in a ruling released on November 12, 2009 that $50 per day penalties owed by the husband because his spousal support payments were late are not "in the nature of support...
David & Sean Goldman | A father left behind
Posted on November 16, 2009A powerful report was published today in the Asbury Park Press, a New Jersey newspaper, decrying the inaction of United States officials in helping to get Sean returned to his father.
Reconciliation is not for the faint of heart
Posted on November 14, 2009Earlier this fall, I wrote about a column printed in the New York Times by Laura Munson - "Those Aren't Fighting Words, Dear." Munson wrote about sticking it out and seeing it through the "rough patch" with her spouse.
Maine voters overturn gay marriage law
Posted on November 04, 2009Last May, Maine's Governor John E. Baldacci signed a same-sex marriage into law without previous action by the courts. He was the first governor to in the United States to do so. Opposition to the law was so swift that not a single couple exchanged vows...
Michigan child support pleas flood courts
Posted on November 03, 2009According to a Detroit News article today, requests for modification of child support orders are flooding Michigan's court system. And many of those requests are being granted. Couple the lowering of child support with a loss of health care benefits where jobs and insurance plans have evaporated ...
Spousal support | When? How much? How long? Conditions?
Posted on November 02, 2009An emotionally charged article garnered over 170 online comments over the weekend was published in The Wall Street Journal on October 31, 2009. The article gives many examples of modifications of alimony many years following a divorce and cites the hardships imposed upon the payor...
Kidnapped child returned from China
Posted on October 31, 2009Wonderful news today! Little Lenora Karolys has been returned from China. In January, her father suggested that his wife join him in China with their daughter, then 2 1/2. Once they were there, Rodrigo Karolys allegedly kidnapped the child and...
Females as batterers? Get the picture on domestic violence
Posted on October 31, 2009Male.female October was Domestic Violence Awareness Month. Thus, there has been much discussion about DV. Men and their supporters are drawing attention to the fact that many articles and blog posts depict men as the perpetrators and women as the victims...
Females as batterers? Get the picture on domestic violence
Posted on October 30, 2009Male.female October was Domestic Violence Awareness Month. Thus, there has been much discussion about DV. Men and their supporters are drawing attention to the fact that many articles and blog posts depict men as the perpetrators and women as the victims...
Store, share, send files online
Posted on October 26, 2009Ben Stevens, South Carolina Family Law blogger and also a tech blogger [http:themaclawyer.com] suggests the following two services for storing and sharing files online.
Facebook - Guide to Internet privacy & safety
Posted on October 26, 2009I've written previously about Internet safety for those in the middle of a divorce or post-divorce difficulties. In particular, I've warned about use of Facebook and MySpace. These social networking websites can offer a wealth of information that might be used against someone whose battling for custody of children or have other issues (such as spousal support) that can be impacted by disclosure of activities.
People searches - Toolbox
Posted on October 22, 2009Online people search engine enable you to look up information by name, email address, username, or phone number, and pull all of the information together into a nice report. Preview a variety of them here.
Attorney who assists a party does not violate ethics rules
Posted on October 21, 2009An interesting Court of Appeals case was released yesterday. Shelly Reynolds filed an action for quiet title to real estate after her former spouse and his mother filed liens against her property. David and Laura Reynolds answered and filed counterclaims of "false liens, slander of title, perjury and harassment...
1 month subscription to kiddy porn site is probable cause for warrant
Posted on October 20, 2009In United States v Freschette, the 6th U.S. Court of Appeals upheld a trial court ruling granting a motion to suppress evidence allegedly wrongfully obtained. The defendant claimed that there was no probable cause to support the issuance and execution of a warrant upon Freschette's home and computer where kiddy porn was found...
Continuing, exclusive jurisdiction under UIFSA | Modification of support
Posted on October 19, 2009The Indiana Supreme Court recently held that where no party or related child continues to reside in the issuing state, the issuing state may lose continuing, exclusive jurisdiction to modify a child support order despite the fact that one party refuses consent to transfer or release of jurisdiction to another state...
FDA approves Gardasil for Use in Males, approves new HPV Vaccine for females
Posted on October 19, 2009Two significant actions by the FDA: Gardasil has been approved for use in males and a new HPV vaccine (Cervarix), manufactured by Glaxo Smith Kline, has been approved for females aged 10 through 25.
Domestic violence | Alleged female perpetrator
Posted on October 19, 2009I am often requested to post about domestic violence in which the alleged perpetrator is female rather than male. Today the Boston Globe posted a news story about Erica Wang. According to police reports referenced by the Globe, Todd English filed a formal complaint for assault in the Boston area.
Vehicle valuation websites - Toolbox
Posted on October 17, 2009Bluebook When working on a settlement proposal, it is helpful to have some idea of what the parties' vehicles are worth. There are many Internet websites you can use to help determine the value of any make or model of automobile, truck, etc.
Child's entry into school held "proper cause" to revisit custody issue
Posted on October 16, 2009In Hoeve v Hoeve, an unpublished opinion issued by the Court of Appeals on First day of school October 15th, a panel of Michigan's Court of Appeals ruled that a child's impending enrollment in school constituted proper cause to revisit the trial court's earlier custody order because the child needs to be enrolled in one school district, the parents lived 45 minutes apart, and the child's beginning school attendance is an event that ?could have a significant effect on the child?s life...
Child support | No future adjustment of agreed amount exceeding MCSF
Posted on October 14, 2009The Michigan Court of Appeals ["COA"] affirmed the trial court's ruling refusing to lower payor Mark Foster's child support to an amount consistent with the Michigan Child Support Formula ["MCSF"] yesterday. In this case, at the time the judgment of divorce was entered, the parties placed on the record their agreement that the support would exceed the MCSF by $450/month a factor of their negotiated property settlement...
Detroit, domestic-abuse & dilemma
Posted on October 12, 2009In a news feature dated October 12, 2009, Time.com stated: "Unbelievable fact about Detroit: There is one domestic-abuse shelter in the city. And it only has 65 beds available. "Totally believable fact: The city police department's Domestic Violence Unit has...
Michigan Tells Mom to Stop Baby-Sitting
Posted on September 30, 2009ABC News today reported that Lisa Snyder, a Michigan mom, received a letter from the state telling her that she is violating a law by baby-sitting neighborhood children in her home for a brief time each morning before the school bus picks them up.
Adoption fraud | Should third parties keep child?
Posted on September 29, 2009Glenn Sacks' Blog Fathers & Families featured an article authored by Robert Franklin, Esq on September 24th, 2009 that caught my eye. I frequently am contacted by fathers who are concerned about their parental rights in cases where the parents have never married...
Texting & teens | Additional concerns for parents
Posted on September 29, 2009Some experts lament that all that keyboard jabber is making our kids stupid ? unable to read nonverbal cues such as facial expressions, gestures, posture and other silent signals of mood and attitude. Unlike phones, text messaging doesn?t even allow transmission of tone of voice or pauses.
Meetways - Calculating distance for parenting time exchanges
Posted on September 28, 2009Meetways is a free online resource that helps people locate a convenient halfway point between two locations. For parents who meet halfway to exchange children, this is quite the easy tool, offering options for places to meet, using or avoiding major highways, etc.
Update on custody of Dexter
Posted on September 27, 2009Gina Calogero sent along this update on the $40,000 custody dispute over Dexter, a dog who was the center of a custody dispute in New Jersey. "On September 23, 2009, after taking testimony in the second trial and reviewing written submissions and hearing oral argument, Judge Tomasello ruled that the couple will share the dog on a five-week rotating basis.
Domestic violence by proxy?
Posted on September 26, 2009The Leadership Council on Child Abuse and Interpersonal Violence has promoted a new concept to distinguish mother's protective actions from what abusers do. It is called Domestic Violence by Proxy.
Multi-tasking | Increasing your productivity or not?
Posted on September 25, 2009Multi-tasking -- increasing your productivity or not? I think not, but what is the cure for this addiction?
Texting while driving | Public service announcement
Posted on September 25, 2009While researching the issue of texting while driving, I saw this public service announcement created in the UK. Believing this is something some parents might find educational (to say the least), I decided to include it in my blog. Imagine my surprise when I was not allowed to upload until I confirmed I am at least 18...
Joint Custody of Fido | Worth $40,000?
Posted on September 23, 2009On Monday, a judge in Salem, N.J. ordered a former couple to share custody of Dexter, after the pair paid lawyers about $40,000 in fees in what was seen as a test case. The question is how should custody of family pets be decided after a divorce or breakup.
Abatement of medicaid reimbursement if father marries mother
Posted on September 22, 2009The Michigan Court of Appeals recently held that fathers who were ordered to reimburse the state when medicaid had paid for the birth of a child or children to an unmarried mother, are entitled to have those expenses abated (erased) if they later marry the mother, even if the orders were entered prior to a change in the law in 2004.
Change life insurance beneficiary after divorce
Posted on September 22, 2009Another case has been decided by the Michigan court of appeals dealing with a challenge to a life insurance policy payout to the divorced spouse because the former spouse forgot to change his beneficiary after the divorce. In Brown v Wright, the judgment of divorce had the standard statutory provision: "Any of the rights of either party in any policy or contract of life, endowment or any insurance of the other as beneficiary or otherwise, is hereby extinguished unless specifically preserved by this Judgment...
H1N1 Update | Children and pregnant women
Posted on September 21, 2009The first batch of 2009 H1N1 influenza vaccine, to be shipped the first week of October, will likely be in the form of intranasal spray containing the live attenuated virus, CDC officials said in a press briefing Friday.
Social Websites becoming new tool for lawyers seeking information
Posted on September 21, 2009Lawyers USA featured an article in late June about the types of information that can be found in social networking sites, such as Twitter, Facebook, LinkedIn. The article correctly states that these sites have opened up a potential treasure trove of legal evidence, especially in divorce cases where a person?s whereabouts, ?friends? and employment status are often relevant.
Court-mandated co-parenting classes | Another option?
Posted on September 10, 2009Most Michigan family lawyers are familiar with the S.M.I.L.E. program [Start Making It Liveable for Everyone]. Most, if not all Michigan counties run S.M.I.L.E. and attendance is often mandatory.
Jeanne's Toolbox | LinkedIn, social networking for professionals
Posted on September 09, 2009LinkedIn is a Social Networking Technology website enabling users to create a profile to summarize their professional accomplishments. Your profile helps you find and be found by former colleagues, clients, and partners. You can add more connections by inviting trusted contacts to join LinkedIn and connect to you.
Parents Partnering | Free parent advocacy leadership training
Posted on September 08, 2009Do you have a client or clients who have children with special needs? This is an opportunity for these parents to become trained in advocacy for their children and the other children who are in their communities, schools and day care settings. Here are the details...
Of camps and day care | Kids 14 times more likely to get swine flu
Posted on September 05, 2009"Mom, can I have a sip of your water?" This is a pretty easy question when you're talking to your young child, right? Wrong. Brigid Schulte, Washington Post Staff Writer wrote on Saturday, September 5, 2009 about how insidious the swine flu is, how susceptible to exposure and potential infection our children are ...
Parental kidnapping | Effective response
Posted on September 05, 2009A seven-year-old boy, missing for almost two years has been found. According to an Associated Press story posted on September 5, 2009, armed with a warrant, police were able to search his grandmother?s two-story rural home in southern Illinois' Franklin County, about 120 miles southeast of St...
Jeanne's Toolbox - Free telephone information calls
Posted on September 02, 2009What a great tip from Michael Morse today! It's really aggravating to have to pay to call Information to get a phone number when you're traveling and don't have access to the Internet to look up the number.
The importance of fathers | "My best friend"
Posted on August 29, 2009No matter what you thought about Ted Kennedy, it has been obvious throughout this weekend of remembrance and honor, that Teddy was there for his children and he was there for John Kennedy's children and Bobby Kennedy's children.
Jeanne's Toolbox - Calculating time | deadlines
Posted on August 27, 2009Nervous about that deadline for submitting your claim of appeal? Not sure if you have to have it file on Monday or Tuesday? Or are you nervous about when you have to get that motion filed and served on opposing counsel in order to be heard by the Court on the date you've secured from the court administrator? Take all the guesswork out of it...
Breaking up is hard to do
Posted on August 27, 2009The discussion today is set to music . . . how does GF get rid of free-loading BF?
Hague Convention | Return refused | Undertakings unavailable
Posted on August 27, 2009The U.S. Court of Appeals for the Sixth Circuit issued a highly significant ruling on the grave risk of harm defense to a Hague Convention international child abduction petition. Simcox v. Simcox. The decision discusses the role that undertakings should play in rulings that concern the defense against return of the child or children to the left-behind parent...
Infidelity of partner adversely affects males according to report
Posted on August 25, 2009New research shows that men can be adversely affected in various ways after learning of infidelity on the part of wives or girlfriends notes family law blogger Ben Stevens.
Jeanne's Toolbox - Michael Morse on going paperless!
Posted on August 21, 2009Someone recently sent me a copy of Michael Morse?s article ?Going Paperless: A Practical Guide.? Morse is enthusiastic about the potential to become 100% paperless. This article was written after Morse, the sole partner of Michael J. Morse, P.C., a 13-lawyer firm specializing in truck, motorcycle and auto accident cases, returned from the American Bar Association?s annual Tech Show.
International child abduction | "Chasing the Cyclone"
Posted on August 19, 2009Peter Thomas, a left-behind parent and author of a newly released book titled "Chasing the Cyclone" says: One of the greatest difficulties all 'Chasing Parents' face, no matter who we are, David Goldman included, is the fact that once a child is removed from a country of legal jurisdiction, or illegally retained in another nation or here in the United States, a 'Chasing Parent' seeking to rescue and reunite with their child faces the most challenging, and sometimes, most deadly fight they will ever know...
Digital divorce?
Posted on August 17, 2009Numerous reports have surfaced about digital divorces among Islamic couples. A man has only to say "I divorce you" three times and the couple is divorced. And using digital resources has been the "in" thing to do. Divorce by Test...
Be careful what you wish for: Parenting time pitfalls to avoid
Posted on August 16, 2009In Brausch v Brausch, 283 Mich App 339; ___ NW2d ___ (2009), decided by the Michigan court of appeals on April 14, 2009, the Court of Appeals reaffirmed that child custody provisions in a judgment of divorce cannot be and will not be governed by contract privileges...
Blind spots | Parents, children and intimacy issues
Posted on August 11, 2009I hear frequently and read in the Washington Post, Boston Globe and New York Times about teenagers who are dysfunctional in parent-child relationships, peer relationships, school performance, future planning, etc. because of constant input and output from I-pods and text-messaging -- a digital loop that excludes intimate relationships.
Gardasil concerns | Safe or not?
Posted on August 10, 2009A client sent me a December 2007 article that I had somehow missed during my intensive look at the dangers of HPV (which are serious) and the possible value of vaccination with Merck's Gardasil. You may recall that many of my posts questioned Merck's heavy-handed marketing and lobbying strategies...
SmartDraw, the Swiss army knife of document making software
Posted on August 10, 2009Welcome to SmartDraw, the Swiss army knife of document making software. Just like that nifty little knife, this utility program has a host of functions including graphs and charts, time lines, floor plans, maps, calendars, fliers and much more. Through the use of very elastic templates, you can customize your own models, or create your own image from scratch...
Domestic Violence | Rage against women
Posted on August 09, 2009Recently Bob Herbert wrote on the New York Times Op-Ed page after describing numerous cases of mass slaughter of women by angry men: "[T]here would have been thunderous outrage if someone had separated potential victims by race or religion and then shot, say, only the blacks, or only the whites, or only the Jews...
When your spouse says "I don't love you anymore." Advice for clients
Posted on August 08, 2009Laura A. Munson?s article ?Those Aren?t Fighting Words, Dear? in the Modern Love section of the New York Times on August 2nd just blew me away. I sent it to several clients?clients who really don?t want to be divorced, clients who love their spouses and are devastated at being told ?Let?s call it quits...
Child abuse | circa 2009
Posted on August 05, 2009I am not sure how this video found its way to my email, but I find it very disturbing. Here's Melissa Catherine Smith-Means of Gaylesville, Alabama seen on a Verizon store's videotape dragging her toddler through the store by a leash. She was jailed for first degree child abuse...
The importance of being earnest | Custody & parenting time de novo reviews
Posted on August 04, 2009It is very important that lawyers and laypersons filing objections to a referee's decision and recommendation for order and asking for a de novo review follow the procedures dictated by Michigan court rules. Sanctions that may well be awarded if parties do not follow procedures as dictated by Michigan's court rules.
Clarification of ruling about Sean Goldman's testimony
Posted on August 03, 2009Brazilian journalists are jumping to fast conclusions and are misleading foreign journalists. This post explores the most recent legal actions in Brazil. What Silvana did was to file a chain of petitions of habeas-corpus challenging Judge Pinto's ruling and claiming, one must assume, that Judge Pinto's ruling unlawfully restrained Sean's liberty...
Social workers & qualified immunity from § 1983 cases
Posted on August 03, 2009As social work has developed into an increasingly seasoned, mature, and specialized profession, the role of the social worker has also changed. So too is the expectation that social workers will ensure that they are satisfying all legal responsibilities owed to their clients...
Sean Goldman can not testify in Brazil about his preference
Posted on August 01, 2009Another battle has been won by David Goldman. Sean Goldman's maternal grandmother had filed a petition asking that the Brazilian court allow Sean to testify about where he wishes to live. Goldman's attorney, Patricia Apy, argued that 9-year-old Sean is too young to testify about his preference...
Jeanne's Toolbox - Citing to electronic materials
Posted on July 31, 2009While Googling for a resource to explain the fine points of citing to a Blog article, I had many choices. One of them led me to an article on the State Bar of Michigan website: "Citation of Legal and Non-Legal Electronic Database Information." What a fine resource this is! Many of us find cases, statutes, journal articles, etc...
Social workers as expert witnesses in family and child welfare cases
Posted on July 31, 2009Lawyers are increasingly calling upon social workers to serve as expert witnesses in cases involving children and families. Roles for social workers are emerging in the courtroom as social work expert witnesses in such areas as guardianship, forensic issues, child abuse and neglect, wrongful death, commitment hearings, education, family custody evaluation, child welfare, adoption, and foster care.
Prenuptial agreement voided because of fault
Posted on July 30, 2009In an unpublished decision, the Michigan court of appeals voided a prenuptial agreement based upon findings that Husband had subjected Wife to years of mental and physical abuse. Hutchison v Hutchison, Docket No. 284259 [Muskegon County, July 28, 2009] The trial court held that the prenup could be voided because the facts and circumstances are so changed since the agreement was executed that its enforcement would be unfair and unconscionable, citing Reed v Reed, 265 Mich App 131, 142-143 (2005).
Jurisdiction in cases of military service or employment abroad
Posted on July 28, 2009People who are in the armed services or who are employed abroad do not lose their residency and do not lose subject matter jurisdiction in a County in Michigan and in the State of Michigan so long as they can demonstrate the requisite ?intent to remain? under Michigan law...
Adoption of adult partner upheld by Maine Supreme Court
Posted on July 28, 2009A decision by the Maine Supreme Court last week, in an inheritance dispute of considerable value involving a very large trust set up by one of the founders of IBM for the benefit of his descendants, the Court ruled that an adult adoption of a same-sex partner was legitimate...
Should you opt out of Friend of the Court services?
Posted on July 26, 2009Several regular contributors to the State Bar of Michigan's online discussion group have made some acute observations about requests to opt out of Friend of the Court services. These observations are crucial for men and women who are considering such an opt out...
Jeanne's Toolbox - Subpoena ISPs and more
Posted on July 24, 2009How many times in your practice do you wish that you could subpoena a telephone company, a cellular provider, an ISP providing email and Internet service? EBay and PayPal? The list goes on. Finding the right office or person to serve can be pretty frustrating, if not downright impossible.
Jeanne's Toolbox - Inflation Calculator
Posted on July 18, 2009How is inflation affecting your client? Is a reduction in support appropriate? Or should there be an increase in support? A picture is worth a thousand words and I've found a terrific way to show the Court the effect that the economy is having on a client...
Time to End an Asylum Limbo for Abused Women
Posted on July 18, 2009The Washington Post published an Op-Ed piece today by Esta Soler and Karen Musalo regarding amnesty for battered women granted asylum in the United States but left in limbo with regard to immigration status.
Disposable marriage?
Posted on July 13, 2009"The recently retired Chief Justice of the Georgia Supreme Court, Leah Ward Sears, wrote a compelling article for CNN.com in which she called for the end of 'disposable marriage.' Her brother committed suicide, and she suspected that his bitter divorce at least partially contributed to it...
Divorce and distribution of real estate interests
Posted on July 11, 2009On July 11, 2009, the New York Times reports that tight mortgage rules exclude even good risks. This is not good news for family lawyers and their clients, no matter where they reside. Michigan, of course, has been hit hard by the worsening economy because of the dependence upon the auto industry...
Jeanne's Toolbox - FOIA Requests
Posted on July 10, 2009Family lawyers often need public records. Sometimes there are police reports or protective service worker's reports that can be helpful or harmful to a client. Either way, to be fully prepared for a custody or parenting time hearing, you've got to have them...
NPR on "Hooking Up"
Posted on June 28, 2009NPR explores "Hooking Up," the trend that began with high school and college kids. According to the report, sex without intimacy is becoming popular in 20-somethings as well. All I have to say is: I wish that more of these young folks are using some form of birth control and I hope that they are getting vaccinated against the HPV virus...
Mail tampering | Opening or hiding the other spouse's mail
Posted on June 28, 2009Mail Tampering. Here's a situation family lawyers deal with from time to time. A husband opens mail that is specifically addressed to his wife. He sees something she very much wishes he had not seen. Or a husband finds some mail addressed to him that his wife has opened and has hidden from him...
David Goldman | Back to square one?
Posted on June 27, 2009The Associated Press announced today that a federal judge in Brazil overturned Judge Rafael Pinto's June 8th decision that Sean Goldman's biological father, U.S. citizen David Goldman, should have custody of his son six days a week whenever Goldman is in Brazil...
Update on David and Sean Goldman
Posted on June 25, 2009David Goldman who has been trying to recover his son from Brazil for over five years, appeared with his lawyer Patricia Apy on the Today Show today with Meredith Viera. It was a powerful interview and a fitting exclusive rebuttal of the highly objectionable CBS Morning Show interview with Sean's stepfather and maternal grandmother earlier this week...
Tough economic times | Harder for women to breastfeed?
Posted on June 25, 2009Tough economic times may be making it harder for women to breastfeed? Yes! According to a recent ABC news story, one of the fall-outs from the recession is that some new mothers are feeling forced to take shorter maternity leaves due to concerns about finances and job stability...
Several new reports about David & Sean Goldman
Posted on June 22, 2009Several new reports about Sean Goldman: According to the Latin American Herald Tribune, the Brazil federal court in Rio de Janeiro has authorized Sean's father, David Goldman, to live in Brazil with Sean while it reaches a definitive Sean and David Goldman verdict in the custody battle with the boy?s Brazilian stepfather...
Warning for parents about potentially fatal animal bites
Posted on June 22, 2009Many of my readers know that from time to time I write about children's health issues. This is in an effort to keep parents abreast of the latest information in child health care. When appropriate, I send these blog articles out to one or more of my clients because their children are at risk or have already been diagnosed with a disease or condition (autism spectrum disorder)...
Sham divorce & fraudulent transfers
Posted on June 19, 2009What is a sham divorce? Basically, these are divorces in which the parties collude in order to transfer property from the marital estate to the spouse who doesn?t have a legal problem?in other words, the one who isn?t in danger of having the assets recovered by someone he or she has defrauded.
The Sean Goldman case takes a turn for the worse
Posted on June 18, 2009Heart-breaking news on June 17, 2009: Brazilian courts have reversed an Order of Return. A lengthy appellate case will ensue. An Op-ed piece in the Wall Street Journal accuses Brazil of helping to kidnap American children. Former assistant secretary of state for Inter-American Affairs (1989-93) Bernard Aronson wrote in ?Brazil helps kidnap American children?: ?In the coming weeks, Brazil will define itself to the United States and to the wider international community by how it treats a 9-year-old boy...
Hague Convention Article 13(2) | Objections of child to return
Posted on June 18, 2009ABC News reports today on the Sean Goldman case. Sean is 9 1/2 years old. A transcript was released by the Brazilian family's lawyers on Wednesday. In the transcript, Sean Goldman tells a psychologist that if he is sent back to New Jersey to be with his father David Goldman he will "break down totally...
Social networking sites & divorce
Posted on June 17, 2009What's to hate about Facebook? Ask a family lawyer. Or, for 5 good examples of the mistakes that people make when posting on Facebook during (or before . . . or after) a divorce see "Five Facebook No-Nos for Divorcing Couples" - an "extra" article related on the Time site.
Disgracebook | Fools names and fools faces . . .
Posted on June 17, 2009Yesterday we were talking about Facebook and mySpace pages. It amazes me how much personal Disgracebook information people will put up on the Internet for all the world to see. A wonderfully funny website The Disgracebook chronicles people's stupidity on the Web...
Children | Protecting them online
Posted on June 16, 2009Here are some suggestions about how to protect your kids if they are online. Suggestions from NPR, ABC and others.
Rights regarding custody & parenting time | Unmarried parents
Posted on June 15, 2009When parents are unmarried and there is no custody or parenting time order in place, can a mother deny or suspend Dad's parenting time without it backfiring? Specifically, where there is a history of domestic abuse and of neglectful parenting, should Mom put the child in harm's way?
Preventing parental kidnapping
Posted on June 14, 2009In this age of international travel and life styles, it is very important that child custody orders are carefully crafted for the specific purpose of preventing an international child abduction. Many resources are available to help parents and lawyers identify the profile of a potential abductor and to draft an enforceable child custody determination that will help prevent abduction and will also help in recovery if a child is abducted by a foreign-born parent.
Home Alone | When is it appropriate?
Posted on June 13, 2009Questions frequently arise during the course of a divorce about about how old one must be in Michigan to be a babysitter, about how old a child must be in Michigan before she can be left alone without a babysitter or daycare, and about whether older siblings can babysit for younger ones...
Crockeller "Guilty" in parental kidnapping says Boston jury
Posted on June 12, 2009The Boston Globe posted breaking news today - the guilty verdict of the jury in the Clark Rockefeller kidnapping case. The Globe reports that the jury rejected Crockefeller's insanity defense and found him guilty of kidnapping his 7-year-old daughter Reigh Boss last year...
Parents, children - falling through the cracks?
Posted on May 22, 2009The economy is having a profound effect on families - especially single-parent families struggling with survival. Today's news brought me the story of an Albuquerque, New Mexico mother who suffocated her adorable 3-year-old child. She then buried him in the...
Significant increase in unwed births reported by CDC
Posted on May 22, 2009An alarming statistic was revealed on May 15, 2009. According to the Center for Disease Control, about 40% of all babies born alive in the United States are born to unmarried mothers.
Child sexual abuse | High quality tools for use in detection & proof
Posted on May 20, 2009Do you believe or does your client believe that a child has been sexually abused? A most important first step is to seek out capable, qualified and highly trained professional help. Your first call should be to a Child Protection Services. You should not attempt to elicit the details yourself...
Child abuse & neglect | Effect of worsening economy
Posted on May 11, 2009Today's economy and growing unemployment put huge strains on families. Some of these families may have been under pressure before the economic slowdown. Increasingly, family practitioners are seeing more cases involving domestic abuse and neglect of children...
GPS equipment to monitor stalkers?
Posted on May 09, 2009Reporter Ariana Green reports in the May 9, 2009 issue of the New York Times that twelve states have adopted legislation allowing the use of global positioning devices to track and monitor persons against whom personal protection orders have been issued.
Who Does She Think She Is?
Posted on May 01, 2009Celebrate the creativity of women. "Who does she think she is?" is a documentary that follows the lives of several working female artists. These women have vastly different backgrounds and circumstances, but share the challenges that women must overcome while they attempt to balance an art career with motherhood.
Where are the "common decency police" when you really need them?
Posted on April 28, 2009Should parties make public the messy details about their divorce? In this day of blogs, MySpace and YouTube, this question comes up more often than you'd think. April 22nd?s New Jersey paper Asbury Park Press contains an article about an attorney, John Paragano, who allegedly posted a video of his estranged wife Diana Prior on a MySpace page.
I am not making this up . . .
Posted on April 26, 2009Here's a link to some of the strangest divorce stories I have ever seen. And you know I've blogged a few . . . strange ones, I mean. No wonder my home office has my web site URL as my "home address" in the yellow pages
May it please the court & Maira Kalman
Posted on April 24, 2009Maira Kalman publishes a blog on the New York Times web site titled In the Pursuit of Happiness. Her blog features many colorful and original drawings and painting. Her ideas are fresh, provocative, artistic, and a bright spot on a gloomy day. Today she wrote about the law and her admiration for Justice Ruth Bader Ginsburg.
Should a personal protection order restrain speech?
Posted on April 24, 2009Can and should a trial court granted a request for a personal protection order (?PPO?) that prohibits a person from stalking another by continuing email or phone contact and also from writing or communicating slanderous statements with the other's employer, community, & associates?
Dance like nobody's watching; love like you've never been hurt
Posted on April 18, 2009This has been the week that has demonstrated the incredible power of the Internet. Susan Boyle. Oh my! Susan Boyle. Yes, Susan's a plain Jane, but oh what an inner beauty, what an awesome voice, what spunk and what a...
Name change in judgment of divorce | Checklist for clients
Posted on April 09, 2009Many females choose to have their maiden name restored to them in a judgment of divorce. Since a woman may have this name change without cost and without filing a formal name change petition in the probate court, it's important to offer this opportunity...
Domestic violence | Planning for safety during divorce
Posted on April 08, 2009April 8, 2009: Research shows that the most dangerous time for a victim of domestic abuse is when he or she is trying to separate from or leave the other party. Sadly, an extreme example of this was seen late yesterday in Alabama. Below you will find links to articles telling you how to make a safety plan if you are a victim of domestic abuse...
Foreclosure specialists capitalizing on homeowners' misfortunes?
Posted on April 06, 2009Recently on the Family Law Listserv participants discussed how long people can remain rent-free in their homes after foreclosure. The length of time varies from one property to the next, depending upon the amount of acreage and often contractual issues...
Your client?s money | New mortgages & re-financing
Posted on April 04, 2009According to Ron Lieber writing for the Times, recently some of the biggest companies in real estate have decided to stop working with brokers. He says that "Chase won?t lend to brokers? clients anymore" and that ?the PMI Group, one of the biggest companies in the mortgage insurance business, flat out refuses to underwrite any policies on loans that started with a broker...
Iowa supreme court voids law prohibiting same-sex marriage
Posted on April 04, 2009On Friday, April 4th the Iowa Supreme Court held unconstitutional a state law limiting marriage to a man and a woman. As a result, same-sex couples will be allowed to marry in Iowa by the end of the month. The court?s decision was unanimous decision. Iowa is the first state in America?s heartland to allow same-sex marriage.
Advising Clients Facing Foreclosure
Posted on April 01, 2009In today?s economy, more and more homeowners face foreclosure. Often, these homeowners seek advice and assistance from scam operators who hold themselves out to be ?foreclosure experts.? A new industry of companies has sprung up which purports to assist distressed homeowners in exchange for a fee...
Joint debt | Disabling use of vehicle when ex won't pay as ordered
Posted on March 29, 2009On March 25th, Jonathan Welsh wrote in the Wall Street Journal about devices used by dealerships, financing companies and leasing companies to disable vehicles if the drivers are behind in their payments. Rob Robertson of Austin, Texas, a member of the ABA Family Law Listserv, wrote today with this thought: how long will it be before we see this technology used in a divorce situation?
Modification of alimony / spousal support | The need for precise language
Posted on March 27, 2009On March 26th, the court of appeals reversed a trial court's decision to enter a judgment of divorce that included conditions regarding termination that were not included in the settlement placed on the record. This case illustrates how important it is to fully state the parties' agreement on the record in open court and to avoid making assumptions that "what we usually expect" as conditions for termination of alimony will also belong in the judgment.
Relocation motions where parents share custody
Posted on March 27, 2009Another relocation case was recently decided by the court of appeals, Skeins v Mead (March 17, 2009) Docket No. 287426. In this case, the parents shared joint legal and physical custody of the child, alternating custody on a weekly basis.
Domestic violence and judicial protection
Posted on March 25, 2009On March 25, 2009, a judge in Broward County Florida took a very proactive approach to a domestic violence case. Apparently, a man had been brought to the courtroom in handcuffs. Likely, he'd been arrested for domestic violence and had spent the night in jail...
Medicaid's role in health care reform | A client's concerns in today's economy
Posted on March 22, 2009Children in families served by family lawyers often have only Medicaid coverage for health care. The Center for Children and Families released a report on March 21, 2009 about Medicaid's role in health care reform. According to the agency, Medicaid is a cornerstone of the U...
Shaken baby cases on the increase
Posted on March 19, 2009Massachusetts child abuse specialists say that cases of ?shaken baby syndrome? which can cause devastating brain injury to infants have at least doubled in the last few months. They attribute the increase in frequency to economic stress on families in this challenging economy...
Can a dad be ordered to pay support if he's been deprived of a relationship?
Posted on March 15, 2009Today a reader asks if a biological father who has been deprived of establishing a parent-child relationship with his child by the mother who is hiding behind her marriage to another man, might later have a child support liability. The answer to the question is yes, there is a risk that this might occur.
Parentage - When Mom is married to another man
Posted on March 14, 2009As many of my readers know, I have written extensively on the topic of parentage issues involving cases where the mother is married to another man. In cases where a child is conceived or born while married to another, the husband is presumed by Michigan law to be the natural child of the husband...
Who gets to keep the family Pet? Custody of Fido
Posted on March 11, 2009Enough about custody fights over children. How about a dispute about who gets to keep the dog? On March 10, 2009, the Superior Court of New Jersey Appellate Division has approved for publication a decision in a case involving custody of the family dog.
Spousal support | Modifiable or not?
Posted on March 10, 2009In an appropriate case, spousal support may be ordered by a judge in a divorce case. Normally court-ordered spousal support will be modifiable. Most cases settle before trial, though. Some parties divorcing may agree to spousal support. If their settlement agreement and/or divorce agreement doesn't specify that the spousal support is non-modifiable, then Michigan law provides that upon proof of changed circumstances, one of the parties can file a motion in court to raise or lower the amount, or to terminate the support altogether.
Michigan court to oversee a custody dispute in same sex relationship
Posted on February 21, 2009On February 20, 2009, the Michigan court of appeals said that ?Courts can oversee a custody dispute between lesbian parents who adopted in Illinois even though Michigan doesn't formally recognize gay relationships, the state Court of Appeals said in a decision released Friday.
Responsible reproduction - give us a break!
Posted on February 21, 2009I know I am not alone in being angry about any doctor who would facilitate Nadya Suleman' s conception of octuplets . . . especially when I think about the huge cost of this project. That cost will be born by taxpayers, of course. Why didn't we get choice about whether we wanted to take on that burden?
Insanity defense in "Clark Rockefeller" kidnapping case?
Posted on February 11, 2009The Boston Globe reports on February 11, 2009 that negotiations for a plea bargain in a parental kidnapping case that captured national attention have collapsed. Christian Gerhartsreiter, AKA Clark Rockefeller, is charged with parental kidnapping, giving a false name to a police officer, and two assaults...
Services to help individuals facing foreclosure in Michigan
Posted on February 06, 2009Ann Routt, Deputy Director of Legal Services of South Central Michigan in Ann Arbor has shared the following valuable information regarding services to help individuals facing foreclosure: Legal Services of South Central Michigan (LSSCM), through its Michigan Poverty Law Program (MPLP), has launched the Michigan Foreclosure Prevention Program.
Does a state court have exclusive, continuing jurisdiction over custody issues?
Posted on February 03, 2009In today's mobile society where parents and children move from one state to another after a court has made a custody determination, the question often arises whether the state that made the initial child custody determination continues to have continuing exclusive jurisdiction over modifications of custody orders...
Representing yourself in a divorce or custody case
Posted on January 27, 2009So you want to represent yourself in a family law matter. Your case might involve something as simple as a mutual and respectfully dissolution of the marriage. But, it might involve division of assets and liabilities or, more complicated, disputes about child custody and parenting time...
Long distance parenting
Posted on January 04, 2009Families today are experiencing separations that bear some similarities to those of divorced couples. The economy has forced some parents to live long distances from each other when relocation of the entire family is not possible. Two-career families are becoming a norm...
Abstinence isn't working to reduce teen pregnancy & STDs
Posted on December 29, 2008Abstinency education isn't working, according to a recent study. According to the Washington Post, teenagers who pledge to remain virgins until marriage are just as likely to have premarital sex as those who do not promise abstinence and are significantly less likely to use condoms and other forms of birth control when they do, according to a study released today...
HPV | Changing teenagers' futures in a heartbeat
Posted on December 22, 2008I was recently struck by how easy it is for teen sex to change in a heartbeat the future of young women without a teenager even knowing what has happened until it is too late. I've written extensively about the dangers of teen sex and the rampant increase in incidence of HPV infection...
Model parenting plans help parents meet children's needs
Posted on December 20, 2008If ever there were a time to discard the concept of "one size fits all," it's when parents or courts are fashioning parenting time schedules for minor children. Clearly, this is one instance where the same plan doesn't work for all children or for all families...
How divorced parents can help children survive the holidays
Posted on December 13, 2008Many children of divorce feel caught in the middle of their parent?s battles during the holiday season. Holidays should be a time for kids to experience the love, joy and magic. Instead, many children are confused, frustrated, sad and angry. The holiday season may be more difficult than usual for children of divorced or separated families...
Virtual grandparenting visitation
Posted on November 28, 2008The New York Times today focused on grandparents' webcam visits with their grandchildren?virtual tea parties and virtual hugs. For grandparents who live countries apart or just hundreds of miles apart, there can be real benefits when children and grandparents have access to a computer that is hooked up to a webcam...
Child support | Opening a window of opportunity?
Posted on November 26, 2008In an unpublished opinion, a panel of the Michigan Court of Appeals decided on November 25, 2008 that child support would be payable on behalf of a child who was over the age of 18 and residing with a parent, even though that child might not be able to graduate from high school by the age of 19 1/2...
New IRS mileage allowances | Business use | Medical need | Charity
Posted on November 26, 2008The IRS has announced that the optional mileage allowance for owned or leased autos (including vans, pickups or panel trucks) is 55¢ per mile for business travel after 2008. That?s 3.5¢ less than the 58.5¢ allowance for business mileage in the last six months of 2008...
Divorce in the midst of Michigan's unemployment & foreclosure mess
Posted on November 23, 2008Families all over Michigan are struggling to keep their heads above water. I've just returned from the 7th Annual Family Law Institute, the premier family law conference of the year. The impact of Michigan?s failing economy on divorced and divorcing families was noted by many of the faculty.
Sperm donation | Should donors' anonymity be protected?
Posted on November 23, 2008The Boston Globe reports on November 23, 2008 of rising demands for release of donor information from sperm banks so that children may identify their fathers. Sperm donation has traditionally been cloaked with anonymity, but many young people now challenge that...
What are the risks of parental kidnapping & how can you prevent it?
Posted on November 23, 2008Given Michigan?s disastrous economy, families are increasingly mobile. The prospects of a parent removing children from Michigan in violation of a court order or in the absence of a court order have increased as a result. Parental kidnapping is a felony punishable by 1 year and 1 day in prison...
Caught in the legal recession? ABA Journal Survey
Posted on November 18, 2008The ABA Journal is surveying lawyers about the job market and the current state of the economy. We've been discussing this topic on the State Bar of Michigan Family Law Listserv. You can contribute to this survey online. It takes...
Home Alone | Is your child ready for this?
Posted on November 08, 2008One question frequently asked by parents is ?How old should a child be before he can be left home alone?? Often, I?m asked this question when holidays are coming up and parents will be at work, but children won?t be in school. The question is asked even more frequently as summer vacation approaches.
New York same-sex custody case
Posted on October 09, 2008New York County Supreme Court Justice Harold B. Beeler has allowed NY Court of Appeals Chief Judge Judith Kaye's dissent in the 1991 case of Alison D. v. Virginia M. To guide his steps in ruling that a woman should have a hearing to attempt to establish that she is a ?de facto parent? of the child born to her former same-sex domestic partner, who was also her New York City registered domestic partner and her Vermont civil union partner.
Must an engagement ring be returned?
Posted on October 05, 2008Who gets the engagement ring if the marriage doesn't occur? In Michigan, the court of appeals held in Meyer v. Mitnick that the ring was a "conditional gift" and if the marriage does not occur, then the ring has to be returned to the donor.
Joint custody awarded to same-sex partner
Posted on October 05, 2008A district judge on Monday ruled in favor of a Turah, Montana woman who sought parental rights to children adopted by her former same-sex partner. . . "To discriminate further against Ms. Kulstad because of her sexual preference in this day and age is no different than telling a person to go to the back of the bus because of her skin color," Judge Ed McLean wrote.
How to choose a divorce or custody lawyer
Posted on October 01, 2008Finding a good divorce lawyer may not be easy, but once it is apparent that divorce is inevitable, It is essential that you do so. Word of mouth is often a good first step. Talk to those you know who?ve been through a divorce. Ask your friends or family who reside in the same geographical area for a recommendation...
Hague Convention | Does it work for the left-behind parent?
Posted on September 24, 2008Recovering children who have been abducted by one parent and taken to another country are legion. The Hague Convention is often helpful is recovering a child or children. But sometimes other countries do not comply -- even countries that are signatories to the Hague Convention...
When does a state have exclusive, continuing jurisdiction?
Posted on September 19, 2008In today's mobile society, the question often arises whether the state that made the initial child custody determination continues to have exclusive, continuing jurisdiction over modification of custody orders. The Michigan Court of Appeal ("COA") recently answered this question, relying upon decisions from Oregon and California for assistance.
Childhood schizophrenia treatments questioned
Posted on September 16, 2008I do not usually write so frequently about social issues, but the troubling news about off-label prescription of powerful medications for children diagnosed with schizophrenia and autism spectrum disorder just keeps coming. Because many friends, relatives, and clients have children with those diagnoses I am compelled to alert parents to news that should cause them to seek a second opinion before agreeing with a child's treating physician or psychiatrist that an anti-psychotic is the drug of choice.
FDA approves Gardasil to prevent vulvar and vaginal cancers
Posted on September 15, 2008Many of my regular readers know that I post often about social issues, in particular teen pregnancy and the prevalence of human papillomavirus (HPV). HPV is a sexually transmitted disease. Two strains of it (16 & 18) cause virtually 100% of all cervical cancers.
Teen pregnancy | Abstinence education not an option
Posted on September 14, 2008Teen pregnancy is becoming a huge issue as birth rates once again rise and as the percentages of first births to unmarried mothers increases after a hiatus between 1991 and 2006. An op-ed piece by June Carbone of University of Missouri-Kansas City and Naomi Cahn of George Washington University, both family law professors, was published in STLtoday...
Sealed divorce files?
Posted on September 13, 2008In the high profile case involving "Clark Rockefeller" and his parental kidnapping of his daughter, Reigh Boss, the Boston Globe today revealed that the court having jurisdiction over the Clark Rockefeller divorce case will unseal certain select documents from that file and is considering the release of other documents...
Native American Mother may withdraw consent to guardianship
Posted on September 12, 2008Michigan's court of appeals decided yesterday that the Indian Child Welfare Act applies to foster care placement of an Indian child, guardianships, and consent for adoption. The court held that when a mother withdraws her consent to the action prior to termination of her parental rights, the trial court must dismiss the action and return the child to the Indian parent whenever the child is an enrolled member of a tribe regardless whether the placement is voluntary.
New York to recognize out-of-state same-sex marriages
Posted on September 04, 2008A New York court has upheld an Executive Order signed by New York Governor David Paterson that requires government agencies to recognize same-sex marriages performed outside the state.
HPV Vaccine | Marketing hype or effective protection?
Posted on August 20, 2008The New York Times today (August 20, 2008) published an extensive article examining in depth manner in which Merck has marketed the drug and the controversies surrounding Merck's efforts. Merck calls the efforts "education," but critics call it marketing...
Parental kidnapping | Law enforcement response
Posted on August 17, 2008Friday's Boston Globe's Update on local news made clear the intense law enforcement response to a parental abduction in the kidnapping of Reigh Boss by her father "Clark Rockefeller" alias "Christian Chichester" alias Christian Karl Gerhartsreiter. Amber Alerts are rarely approved in parental kidnapping cases because the prevailing thought is that if the child is with a parent, the child is probably safe.
Protecting clients from financial predators
Posted on August 15, 2008The Michigan court of appeals discussed undue influence as a "recognized species of fraud" and upheld the trial court's order quieting title in Erika Fick. She alleged that because of her closed head injury, she did not understand the consequences of signing a quit claim deed to the marital dwelling that conveyed all of her interest to her husband...
"Honey, I love your insurance!"
Posted on August 13, 2008The New York Times reports today that for many Americans the cost and availability of health care insurance is a major reason in whether they marry, whether and/or when they divorce.
Amber Alerts | When are they used?
Posted on August 13, 2008Recently an Amber Alert was issued by the state of Massachusetts after Reigh Boss was kidnapped by her father, "Clark Rockefeller" (or whoever he is) from a public street in Boston. Shortly after the abduction, Rockefeller was seen with the child in New York...
Why even innocent people shouldn't talk to the police
Posted on August 07, 2008In one of the more engaging, convincing and easily understood presentations I've ever seen, Prof. James Duane, of the Regent University School of Law explains why even angels devoid of the slightest moral blemish should never speak to police officers, tax collectors or other law-enforcement agents investigating crimes...
Reigh Boss kidnapping | Child recovered unharmed
Posted on August 03, 2008On August 3, 2008, FBI agents were successful in staging a recovery operation that involved separating Clark Rockefeller from his daughter, 7-year-old Reigh Boss, arresting Rockefeller and recovering the child. The recovery was in Baltimore, Maryland where Rockefeller had leased a small carriage house...
Parental kidnapping | Risk factors Part 2
Posted on July 31, 2008Today, the New York Daily News reported that, in fact, Clark Rockefeller had talked last Christmas to friends about kidnapping his daughter Reigh. According to this report, Rockefeller was "so crushed when his ex-wife moved overseas with his beloved 7-year-old daughter that he told pals last Christmas, 'I may have to kidnap her...
Massachusetts same-sex marriage bill passes senate
Posted on July 29, 2008I wrote on July 15 to note that the Massachusetts Senate was considering a bill that, if passed, would allow same-sex couples from other states to marry in Massachusetts. Read Massachusetts to become destination for weddings here. The Boston Globe...
Parental kidnapping | Risk factors
Posted on July 29, 2008Today, the Boston Globe described an unusual parental kidnapping involving a child who, after a bitter divorce, resides in London with her mother. Reigh Storrow Boss was kidnapped by her father, Clark Rockefeller. Parental kidnappings are at risk where, as in Rockefeller's divorce case, one parent has been deprived of custody by a court and have been deprived of visitation for long periods of time...
Child support liens | When can they NOT be imposed?
Posted on July 23, 2008A Michigan statute allows the Friend of the Court to attach a lien to property the FOC locates that belongs to a person with child support arrearages. In Walters v Leech, Michigan's court of appeals held on July 21, 2008 that such a lien cannot be imposed against property held by the child support debtor and his or her spouse, where the property is held in a tenancy by the entireties.
How can a parent modify a prior custody order?
Posted on July 16, 2008Non-custodial parents want to know what the courts will consider as sufficient evidence to warrant modifying an existing custody order. It?s well-established that the court will not re-visit a previous custody determination unless the party requesting the custody modification can prove that there has been a change in circumstances or good cause arising since the most recent custody order...
Massachusetts to become destination for weddings?
Posted on July 15, 2008The Boston Globe reports today that the Massachusetts Senate will vote today on an act to repeal a 1913 state law that prevents gay and lesbian couples from most other states from marrying in Massachusetts. It seems that the repeal could spark an economic boom for Massachusetts, pumping more than a $100 million into that state's economy within the new few years.
Posthumous reproduction and today?s military
Posted on July 14, 2008On the heels of yesterday's serendipitous discovery of Professor Charles Kindrefan, Jr.'s article about assisted reproduction comes this article written by a JAG lawyer, titled "To Be Continued: A Look at Posthumous Reproduction As It Relates to Today?s Military," by Major Maria Doucettperry of the JAG Corps...
The drugging of America's children: Part 2
Posted on July 12, 2008In an earlier blog article, I criticized the use of psychotropic medications that are not approved by the FDA for use with children. Congress continues to investigate the cozy relationships between manufacturers of these powerful drugs and the doctors, recipients of enormous stipends from the drug makers, who prescribe the drugs and who perform research paid for with Big Pharma monies.
Family lawyer's duty to warn of threats of harm
Posted on July 11, 2008In the opinion of this writer, family lawyers have a "special relationship" with their clients that creates a common law duty to warn a reasonably identifiable third party" when the lawyer's client communicates a threat of harm toward a reasonably identifiable third party, notwithstanding a recent decision by the Michigan Court of Appeals.
Assisted reproduction - social and legal ramifications
Posted on July 11, 2008I read a statistic today in Steve Worrall's blog: 47% of children born in Georgia are born to unmarried women. And "on my way to the Forum," I happened upon an interesting work in progress, by Charles Kindregan, Jr., Distinguished...
Website disclaimers - essential to avoid incidental creation of attorney-client relationship
Posted on July 06, 2008How can a lawyer avoid being "conflicted out" if he/she has had some contact with a prospective client -- one who chooses another lawyer? A better question is: How can a lawyer deal with avoiding a cheap DQ by someone who is trying to conflict the lawyer out? Another serious concern is to prevent any potential liability arising because a lay person uses a lawyer's web site instead of hiring a lawyer and then blames that lawyer when something goes wrong.
Rights of biological father | Biology isn't everything
Posted on July 04, 2008What rights does a biological father have if another man has signed an acknowledgment of parentage with the mother shortly after birth of the child? Michigan's court of appeals has answered this question after 2 trips to the court of appeals. These seem to be the facts of the case before the COA in Sinicropi v Mazurek.
Approval of Gardasil for Women 27 to 45 delayed
Posted on June 26, 2008It was reported on June 25, 2008 that the FDA has completed its review of Merck?s application and has refused to approve Gardasil for use with older women within the expected review time frame. It is not clear whether this means that there is just a delay or whether the FDA will flat out refuse to approve this usage.
Parenting Plan Calculators, Planners, and Trackers
Posted on June 24, 2008Parents and family lawyers can use various software programs to help create parenting plans based on agreed-upon or court-ordered visitation schedules. These programs can calculate percentage splits, create calendar to display visitation schedules and activities (extra-curricular activities, birthdays, etc...
Mom's relocation of 91 miles causes change in custody
Posted on June 15, 2008In Powery v Wells, the mother [?Mom?] moved from Ludington to Traverse City, a distance of 91 miles. Dad filed a motion to change custody and Mom countered with a motion to modify parenting time. The trial court and court of appeals held that because Mom's move was sufficient to disrupt the established custodial environment, it was a change in circumstances that could trigger a change in custody.
Gay marriage in Massachusetts viewed as "mixed bag"
Posted on June 15, 2008The New York Times reported on June 15, 2008 that gay people who married in Massachusetts once that State enacted a statute allowing same-sex marriage report that their marital problems aren't really that much different from those experienced by other married couples.
Warning to stay away doesn't justify PPO, says court of appeals
Posted on June 13, 2008In Jasina v Jasina, Docket No. 275583, the Michigan court of appeals held that the trial court properly refused to issue a personal protection order against the Petitioner's brother. The allegation was made, and supported by a tape-recorded telephone conversation, that the Respondent had said "Stay away from me or I will punch you in the head...
Personal protection order prevents parent's contact with child
Posted on June 11, 2008In Hayford v Hayford, Docket No 276176, decided June 10, 2008 [For Publication], the Michigan Court of Appeals upheld a personal protection order that prohibited a non-custodial parent from contact with his 18-year old son. In this case, the respondent father apparently had visitation rights with his son, the petitioner, pursuant to an order of custody under the Child Custody Act (?CCA?)...
Childhood injuries | "What if" & "Oh, no!"
Posted on May 29, 2008Children | Head injuries | Medical emergencies: Today, an editorial from the New England Journal of Medicine counsels doctors and parents to pay special attention to what might appear to be minor head injuries in order to protect children under...
Sixth Circuit refines standards in Hague Convention cases
Posted on May 28, 2008In Robert v Tesson, ___ F3d ___ (2007), the Sixth Circuit Court of Appeals decided a case on November 14, 2007 that refined the legal standard to be applied in determining a child?s ?habitual residence? under the Hague Convention. The...
Mom's relocation of 91 miles causes change in custody
Posted on May 27, 2008In Powery v Wells, the mother [?Mom?] moved from Ludington to Traverse City, a distance of 91 miles. Dad filed a motion to change custody and Mom countered with a motion to modify parenting time. The trial court and court of appeals held that because Mom's move was sufficient to disrupt the established custodial environment, it was a change in circumstances that could trigger a change in custody.
Finding your child after a parental kidnapping
Posted on May 18, 2008Prevention of parental kidnapping is not always fool-proof. About 800,000 children were abducted in 2003 alone, the last year for which statistics are available. Fewer than 1% of these abductions were by strangers. So parents want to know: What can I do to make sure that I can find my child or children if the non-custodial parent takes off with them? Several products are available for parents who fear a parental abduction...
Mom's relocation of 91 miles causes change in custody
Posted on May 15, 2008In Powery v Wells, the mother [?Mom?] moved from Ludington to Traverse City, a distance of 91 miles. Dad filed a motion to change custody and Mom countered with a motion to modify parenting time. The trial court and court of appeals held that because Mom's move was sufficient to disrupt the established custodial environment, it was a change in circumstances that could trigger a change in custody.
Domestic violence | It's not just physical abuse
Posted on April 25, 2008Yesterday, John P. Tassinari shot his wife, Barbara, multiple times with two 45-caliber handguns in the driveway of their Quincy, Massachusetts home. She died at the scene. She left two children, one son who is 10, and a 1-year-old from...
Postnuptial agreement that encouraged separation declared void
Posted on April 23, 2008Postnuptial and prenuptial agreements are becoming ever more popular. Guidance was provided from the Michigan Court of Appeals today for practitioners and laypersons contemplating entering into a postnuptial agreement. In Wright v Wright, Docket No 281918 decided on April 22,...
Children diagnosed with ADHD
Posted on April 22, 2008Occasionally I write about social issues such as the drugging of America's children and the dangers and prevalence of HPV. Thus an article about adverse effects of Ritalin and other stimulants prescribed to children diagnosed with ADHD caught my attention...
Unaccompanied minor rules: Children traveling alone
Posted on April 20, 2008Elizabeth Sadowski posted the following helpful information on the State Bar's listserv on Friday. Summer is coming and many children will be traveling from the home of the custodial parent to the non-custodial parent's home for parenting time. Liz says...
Divorce Wars | Internet public airing of private facts
Posted on April 17, 2008The Internet gives people a new forum for publicly airing their dirty linen. Amazing! Tricia Walsh Smith, not your usual British housewife, is publishing personal and embarrassing facts about her marriage and divorce. She's angry that her husband won't offer...
Domestic violence & Address confidentiality programs
Posted on April 13, 2008Domestic violence is a pattern of behaviors involving physical, sexual, economic and emotional abuse of an intimate partner for the purpose of establishing and maintaining power and control over the other partner. When batterers fear that they are losing control...
Judgment amended to correct error or omission
Posted on April 12, 2008Michigan?s court of appeals decided in an unpublished opinion that the trial court committed error by not permitting Husband to amend a consent judgment of divorce to add language that the payments would terminate upon Wife?s death and would therefore...
International parental kidnapping | Can parent avoid return of child?
Posted on April 11, 2008As many of my readers know, parental kidnapping is a topic of great interest to me. Thus when James Ryan of Plymouth Michigan sent me the decision handed down by the Sixth Circuit Court of Appeals in Simcox v Simcox,...
Divorce & Civility | Part III
Posted on April 09, 2008The April 2008 issue of the American Bar Association Journal has an interesting article about civility, and citations to four recent decisions in which a trial court sanctioned opposing counsel for incivility. In one case, the infraction cited was the...
Divorce and Military Families
Posted on April 06, 2008The stress faced by military families, frequent moves and deployments can spell disaster for military families. For you, as for most families, divorce can be a life tragedy. You and your spouse entered into marriage with plans for a happy...
Depositions | Helpful tool in some divorces cases
Posted on April 06, 2008James J. Harrington, III, an outstanding family lawyer from Novi, Michigan offers this valuable advice about discovery depositions in family law cases: Depositions are certainly not required in every case or even most cases or even 70% of cases? however...
Civility & Divorce | Part II
Posted on April 06, 2008Attorneys Michael V. Kattelman and Robert Cerceo wrote an excellent article on civility that was published in the November 2006 State Bar of Nevada Bar Association's journal "Nevada Lawyer." Recently, the article was quoted on the ABA Family Law Listserv...
Divorce: Bullying vs. civility
Posted on April 04, 2008I often tell my clients that if opposing counsel and I can get along . . . if there is civility in the process . . . that it will save them money. This much I can say is true:...
Connection between domestic violence and ill health
Posted on April 04, 2008Violence against women by intimate partners results in similar health effects worldwide ? regardless of culture, class, or race ? Lancet reports. World Health Organization researchers interviewed some 20,000 women from South America, Asia, and Africa, first about their current...
High rate of divorce among females in military?
Posted on April 02, 2008Don Moore reports on the blog Divorce360 that women soldiers in the United States military are more than twice as likely to become divorced as their male counterparts, according to figures released by the Department of Defense. And no one...
What if father opposes adoption of child born out-of-wedlock?
Posted on April 02, 2008I am sometimes asked whether a biological father must automatically lose his rights to a child conceived out of wedlock if the mother places the child for adoption and he hasn?t been involved up to that point in time (i.e,...
More about using the Internet safely
Posted on March 31, 2008Recently, a Michigan family lawyer wrote to ask some very good questions. Her questions and my answers are below. Please note that my answers are generalized, and do not cite to specific laws. The Stored Communications Act referenced below is...
LINK TO GR
Posted on March 31, 2008The Grand Rapids Press ran an article on this topic. You can read it here. Do Dogs Belong in Divorce Court? http://www.mlive.com/news/grpress/index.ssf?/base/news-40/1200122154152460.xml&coll=6"
'Til death do we part?
Posted on March 20, 2008This is the week of bizarre divorce news, I guess. Yesterday, it was the $48.6 million award to Heather Mills [plus $70,000/year in child support, school tuition, and about $50,000/year for a nanny] in her divorce from Sir Paul McCartney....
Cohabitation - Finally a test for trial courts to apply
Posted on March 19, 2008In Smith v Smith, decided on March 18, 2008 (For Publication), the Michigan court of appeals adopted the test from an Ohio decision to determine what constitutes ?cohabitation? in order to invoke terms of a judgment of divorce that mandates...
McCartney - Mills divorce decision released
Posted on March 19, 2008Heather Mills asked for $250 million from Sir Paul McCartney in the recent divorce trial in London, England. The judge awarded her about $48.6 million. Not bad for a 4-year marriage. Mills tried to make the relationship seem longer, claiming...
Electronic evidence used more frequently
Posted on March 16, 2008Steve Worrall, author of the outstanding Georgia Family Law Blog, has written many posts recently about the increasing frequency with which electronic evidence is being sought and used in court proceedings. A recent blog article entitled Law evolving as divorces...
When a party asserts the Fifth Amendment in a divorce proceeding
Posted on March 15, 2008A very interesting article on remedies available when a party asserts the Fifth Amendment and refuses to answer questions in a divorce proceeding was posted today in Diana Skagg's Blog, Divorce Law Journal. See Remedies Available Following Claim of Fifth...
Internet safety | Some comments
Posted on March 12, 2008Some good comments have come from fellow family law practitioners to my post on safe Internet use. One, from P. Rowland Graff of St. George, Utah says, and the emphasis is mine: I am sure that we will see more...
Alimony | Imputing income & impeachment
Posted on March 12, 2008In Andrews v Andrews, decided by the Michigan court of appeals on March 11, 2008, Husband claimed that the trial court erred in not enforcing a prenuptial agreement that limited alimony to his net income as reflected by his federal...
STDs | One in 4 teenage girls has one
Posted on March 12, 2008One-fourth of American girls aged 14 to 19 have a sexually transmitted disease, CDC researchers reported yesterday at the 2008 National STD Prevention Conference in Chicago. As part of the National Health and Nutrition Examination Survey, some 800 teenage girls...
Safe Internet use | For those divorcing
Posted on March 11, 2008Whether you are researching the Internet while doing pre-divorce planning, whether you are in a relationship with an abuser, or whether you are discussing divorce strategy with your lawyer or a friend, if you do not take precautions, you may...
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Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
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You local court will probably have someone to offer you some assistance as you p...
My husband's Grandmother died intestate. She had one sole heir, my husband's Father. He and his wife kept paying taxes on the property.Then he also died intestate. Now, my Mother-in-law wants to sell this property. Accor
Based on my research, his wife would have a 1/3 interest in the property. The ot...
How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
I am an only daughter, and my brother will not give me my mothers jewelry that she wanted to go to me . Can I sue to get what is rightfully mine?
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