UPDATES IN MICHIGAN FAMILY LAW

"De-Baptism" -- Families' self-initiated separation from the church

As my readers know, not all of my posts are about substantive family law. Many are about parents' concerns during this age of Internet dangers to children and of other safety or social concerns. Today's post comments on the trend in Europe to separate from the Roman Catholic Church because of the church's posture and approach to the issue of sexual abuse of children over an extended period of decades by priests.

The Global Post online reports from  Belgium that "(f)aced with ever-more harrowing revelations of child sex abuse by Roman Catholic clergymen, Belgians are turning in record numbers to apostasy — formally breaking with their religion through a process of “de-baptism.” [My emphasis]

Medical Marijuana Act | Custody and Parenting Time

Perhaps this is the decision many family lawyers are waiting for . . . and perhaps not. Judge O’Connell surely intended no pun: “I will attempt to cut through the haze” of the Medical Marijuana Act [“MMA”] [Concurring opinion at page 3]. O’Connell and the majority found the MMA to be inartfully drafted and much in need of revision, and declined to engage in judicial legislation.

According to the COA, in People v Redden [For Publication, decided September 14, 2010], under the MMA, a person may not be denied custody or visitation of a minor for acting in accordance with the act unless his or her behavior is such that it creates an unreasonable danger to the minor which can be clearly articulated and substantiated.

Sexual assaults on college campuses | Prevalence | Protection

A recent New York Times article cited statistics about sexual assaults on college campuses as well as off-campus places where young people congregate. Certainly parents need to be talking with their young adults about staying safe while at college.

"Money can buy many things to help children excel academically, like tutors and private school educations. But as those children go off to college, the one thing otherwise protective parents typically do not spend money on is making sure their children do not become victims of a crime. One reason is cost.

Parents | Protecting your children from real dangers

"Shoomp shoomp shoomp. Hear that? That’s the sound of helicopter parents hovering over their children, worrying every second of the day that terrorists could strike Johnny's school or a stranger will snatch Jane from the bus stop.

"Scary stuff. But it turns out most parents are worrying about all the wrong things. " 'These worries that we have are so rare,' says Christie Barnes, mother of four and author of The Paranoid Parents Guide. 'It’s like packing a snow shovel in case it snows in Las Vegas.'

"Based on surveys Barnes collected, the top five worries of parents are, in order:  1. Kidnapping; 2. School snipers; 3. Terrorists; 4. Dangerous strangers; 5. Drugs"

Vodvarka standard applies to both custody and parenting time modifications

In Stelman v Stelman, Docket No. 294105 [Unpublished August 3, 2010], the Court of Appeals affirmed the trial court’s order denying his motion to modify a parenting-time schedule, refusing him an evidentiary hearing. The plaintiff there claimed that because he sought only a modification of parenting time, rather than a full change of custody, he was not obligated to demonstrate proper cause or a change in circumstances.

Families homeless in America

On September 11th, the lead story in the online New York Times focused on family homelessness. I don’t know what it’s like in other cities, other parts of the country, but here in Traverse City, Michigan every time I go to town, it seems that one more storefront is empty, one more restaurant is closed. What does that mean? People have lost their jobs. What will they lose next?

Thanks to Paula Aylward, family law attorney in Marshall, Michigan for bringing this story to my attention.

In the wake of infant death / abandonment, moms need more information

Over the past four months, four dead infants have been found in the Traverse City area alone. One body was found in a dumpster, one in a back yard, one in a basement, one in a backpack. In each case, the mothers have been identified. Criminal investigations have been launched and in some cases, charges are pending.

In May 2010, I wrote about Michigan Safe Delivery of Newborns Act that allows mothers to drop off newborn infants anonymously at hospitals, fire departments, police stations. No questions are asked. In the wake of two recent news reports in the Record Eagle of infants who have been abandoned / who have died, I feel that we are not doing a good enough job in getting information to young mothers who need help. I am compelled to plead with young moms who feel that they have no other options. Choose adoption, not abandonment, infant death and prison time. You'll have a brighter future and so will your child. There are people out there to help you and your baby. No names. No judgmental attitudes. Please see the important information below.

Formation of a binding settlement through E-Mail exchange

Wayne Scheiss has written a terrific article discussing how lawyers should and should not approach the use of email in their practices. The use of email is particularly important to those lawyers who have clients residing in other states in order to facilitate the prompt transmission of documents between lawyers and clients. However, care is needed to ensure that the lawyer makes a good impression [spell check!], ensures privacy and confidentiality, and fully incorporates with specificity all issues that the client needs to resolve, all well-stated in this article.

After reading Scheiss' article, I was prompted to go back and review a 2007 published case involving the formation of a binding settlement through an exchange of emails between counsel for the parties shortly before trial. The points Scheiss makes about using emails as carefully as though you were writing a formal letter or settlement offer are underscored by what transpired in that case involving Kloian (lessor of a building) and Domino's Pizza, L.L.C.

Derry | The rest of the story

Some of you will remember Paul Harvey, a radio commentator. in June 1944, Harvey began broadcasting from the ABC affiliate WENR in Chicago. He quickly became the most popular newscaster in Chicago. In 1945, he began hosting the postwar employment program Jobs for G.I. Joe on WENR. Harvey added The Rest of the Story as a tagline to in-depth feature stories in 1946. Harvey was also known for catch phrases he used at the beginning of his programs, such as "Hello Americans, I'm Paul Harvey. You know what the news is, in a minute, you're going to hear ... the rest of the story."

In two earlier posts, Scott Bassett and Kathleen Goetsch offered their differing views on the recent relocation case, Derry v Derry, decided by the Michigan Court of Appeals this week. Both Scott and Kathleen offered to let me post "the rest of the story," which is their continued private discussion of the impact of relocations on families and children.

Relocations | Another view of the Derry decision

One of the distinct pleasures of being part of the State Bar of Michigan Family Law Section's Listserv is the ability to participate in the exchange of ideas about evolving Michigan law and policy in the area of Family Law. As you might expect, the members of the Listserv--at least 750 lawyers, judges and Friend of the Court employees--express differences of opinion from time to time. Usually these exchanges are diplomatic.

The other day, Scott Bassett posted an insightful analysis of the Derry case involving relocations. [You may read that here since Scott was a guest blogger on Updates in Michigan Family Law.] I've known Scott for about twenty years and know that he has structured his specialty practice in appellate family law around his family commitments, that he has an established successful career in the difficult and unique area of third-party custody and parenting time concerns.

In response to Scott's analysis, Kathleen Goetsch offered her view. While one would never say that either's opinion is right or wrong, it is true that some of these fact-specific cases do find people on one side of the fence or the other. One of the first things I tell a new client (right after I say: "Tell me everything. I can only help you if I know the whole story, the things that favor you and what the other side will use against you.") is this: Every family law case is unique. It is the specific facts of your case that will determine how the judge is going to decide your case within the framework that the law has provided.

Assistance for grandparents and others providing kinship care

Lately, I've written about grandparents providing kinship care for their grandchildren. Usually, but not always, this occurs in connection with relative placement where the parents have been involved in child protective services cases, and in family courts in neglect and abuse cases. In the latter, relative placement is always preferred to placement in foster care with non-relatives.

In 2009, the state legislature passed 2009 Public Act 0015, amended in 2008 Act. PA 0015 became effective April 9, 2009.

It amends the Guardianship Assistance Act (MCL 722.871–MCL 722.881) to do the following:

• Revise the criteria for a child to be eligible for guardianship assistance.
• Require a guardian to be a licensed foster parent and to undergo a criminal background check, and provide for a central registry to check for child abuse and neglect.
• Allow the DHS to enter into a written, binding, guardianship assistance agreement with a prospective guardian.
• Require the DHS to pay up to $2,000 for the total cost of nonrecurring expenses associated with obtaining legal guardianship of an eligible child.
• Require the DHS, if a child’s permanency plan includes placement with a guardian and the receipt of guardianship assistance, to include in the case service plan the steps taken to determine that reunification or adoption is not appropriate.

You can read the Guardianship Assistance Act here.

Court of Appeals remands relocation case to trial court

Scott Bassett of Bradenton, Florida--a successful Michigan family law appellate lawyer--is today's guest blogger. He writes about the remand from the Court of Appeals of a case involving a Wayne County trial court's denial of a relocation motion.

In an interesting unpublished decision, the Court of Appeals, in a 2 to 1 decision, vacated Judge Halloran's (Wayne Co.) denial of a change of domicile request and remanded for a new hearing before a different judge.  (Congrats to Anne Argiroff for her success in this appeal). 

Second time around: Help for grandparents raising grandkids

I met a grandfather the other day, the courtesy driver for the car dealership servicing my car. He had no other passengers so we chatted while he drove me back to my office. I was interested to hear about how he and his wife, both over 60, are raising three teenagers. These children were born to his wife's daughter from an earlier marriage whose parental rights were terminated because of neglect.

Mostly, I was impressed by what an active life this family leads. All of the kids are in sports and other extra-curricular activities. All are doing well in school and have college plans. He has a 5th wheel trailer that he bought for the express purpose of making sure the family has affordable housing when they are traveling to accommodate the many activities in which these children participate . . . and also camping, etc.