UPDATES IN MICHIGAN FAMILY LAW

Presumption of Joint Custody

Michigan parents and family lawyers are beginning to rally around to debate and to advocate their positions on pending legislation that would have courts exercise a presumption that joint physical custody is in the best interests of children, according to an article in today's Oakland County Press. HB 5267 is currently scheduled for debate. See the Bill as presented to the House.

We Don't Need No Stinkin' Judges

Many family court practitioners in Northern Michigan were pleased when Michigan's last non-lawyer probate judge (whose second job was as a school bus driver) retired about eight or so years ago.

Today's New York Times report on tribunals in that state makes clear the hazards of low standards for justice:

"Some of the courtrooms are not even courtrooms: tiny offices or basement rooms without a judge’s bench or jury box. Sometimes the public is not admitted, witnesses are not sworn to tell the truth, and there is no word-for-word record of the proceedings.

Nearly three-quarters of the judges are not lawyers, and many — truck drivers, sewer workers or laborers — have scant grasp of the most basic legal principles. Some never got through high school, and at least one went no further than grade school.

But serious things happen in these little rooms all over New York State. People have been sent to jail without a guilty plea or a trial, or tossed from their homes without a proper proceeding. In violation of the law, defendants have been refused lawyers, or sentenced to weeks in jail because they cannot pay a fine. Frightened women have been denied protection from abuse."

Read the entire article, Click here: In Tiny Courts of New York, Abuses of Law and Power - New York Times on the New York Times site or click here.

The New York Times ran a second article on September 27, 2006, explaining how New York's justice system got into this fine mess. How a Reviled Court System Has Outlasted Critics.

To contact Jeanne Hannah with your questions or to view her Family Law website, click here.

Why We Need a Federal Putative Father Registry

I had a phone call from Lisa Church, a reporter for the Lansing State Journal last week. She called to discuss what rights a biological father has to block an adoption of his child. She was calling, really, for comment about a Michigan father whose parental rights were terminated in favor of adoptive parents. In that case, the father says that the mother deceived him about her pregnancy and then, when he learned about the baby, refused to accept any money for support.

He was unable to establish a father-child relationship because he had no access to the baby. Thus, a court terminated his parental rights because under Michigan law, he is a "do-nothing" parent. Lisa wanted to know if there was anything a father could do to protect his rights so that he could raise his child even if the mother did not want to do so.

The Five Wishes: A "Living Will" with "a Heart & Soul"

In an earlier post, I wrote about why people should consider having an advance medical directive that appoints a trusted relative or friend to make medical decisions for her if she is unable to make those decisions herself because she’s in a coma, or is otherwise unable to communicate with doctors. This post concerns the form in which a medical directive should or could be made.

One well-known directive is called Five Wishes. Many hospitals distribute this directive, which meets the requirements of the District of Columbia and 35 states. It can be ordered from the Internet at www.agingwithdignity.org/5wishes.html, and there is a list on the website of the states where it is legal. Persons who live in other states should consult with a lawyer in their state to see how the requirements compare. Five Wishes is also available from Aging with Dignity at P.O. Box 1661, Tallahassee, Florida 32302-1661.

Roadmap: How to Win a Relocation Motion

A difficult issue is raised when a parent wants to relocate with the parties' children to another state. Michigan child custody orders typically provide that neither parent may remove the children from the State of Michigan without the court's approval. Since the enactment of "the 100-mile" law, clear-cut standards are developed for trial courts to follow in deciding whether to grant a motion brought by a parent who wishes to relocate.