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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: 4.5/day

Last Entry: March 31, 2011 at 12:07:04

Clarification of ruling about Sean Goldman's testimony

Posted on August 03, 2009
Brazilian 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, 2009
As 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, 2009
Another 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, 2009
While 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...

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Social workers as expert witnesses in family and child welfare cases

Posted on July 31, 2009
Lawyers 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, 2009
In 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, 2009
People 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, 2009
A 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, 2009
Several 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, 2009
How 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, 2009
How 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, 2009
The 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, 2009
On 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, 2009
Family 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, 2009
NPR 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, 2009
Mail 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, 2009
The 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, 2009
David 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, 2009
Tough 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, 2009
Several 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, 2009
Many 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, 2009
What 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, 2009
Heart-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, 2009
ABC 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, 2009
What'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, 2009
Yesterday 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, 2009
Here 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, 2009
When 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, 2009
In 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.

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