UPDATES IN MICHIGAN FAMILY LAW

Extended Family Care | A Better Alternative than Foster Care?

An Op-Ed piece in the New York Times was brought to my attention recently by Marshall, Michigan Family Lawyer Paula Alyward. The author, Daniel Bornstein explains that foster care for neglected and abused children is not working. It doesn't work for the children, it doesn't work for society.

As Bornstein writes, there were about 424,000 young people in foster care in the U.S. as of Sept. 30, 2009. About 30,000 of these children turn 18 (or 21 in some states) and “age out” of foster care every year. He asks, "What happens to them?" Bornstein cites a major study published in 2010 that demonstrates that the answer to that question is discouraging.

How to Tell Your Children You are Divorcing

One of the most difficult parts of divorce for parents is "what do we tell the children?" Bottom line: You have to tell the children. Surely, you don't think they don't know? Experience shows that children know, children pick up on tensions, overhear arguments. They worry. They wonder: Was it my fault? Can I fix it? What's going to happen to me?

Author Donna Ferber shares the following wisdom about how to tell your children that their parents are divorcing. This is an "everybody in the living room" discussion. These are Ferber's tips for telling the children about impending divorce:

1. If possible, both parents should be present.  This illustrates to the children that you will still be able to co-parent.

2.  Tell them close to the time that one of the parents is planning to move out.  Telling them months in advance does not “prepare them.”  It only makes them anxious and worried.

Celebrate Uniqueness | Autistic Savant | Human Camera

Steven Wiltshire from the United Kingdom is autistic. He is also a savant nicknamed "The Human Camera." See why below. I think you will rejoice in the joy his gift brings to him and to others.

 

Appreciating the gifts of other people is very important, and it's good to see that Steven is being celebrated for his unique abilities.

Cyberbullying, Social Media | Impact on Children and Families

Cyberbullying is a major problem in many communities today. As earlier noted on this Blog, bullying can lead to depression and sometimes suicide in teens. Parents are advised by the American Academy of Pediatrics to monitor their children's online behavior. The AAP recommends that parents take a central role in their children's online activities. A recent report published in Pediatrics cites a survey finding that a fifth of teens visit social media sites more than 10 times a day. That report is available below with many more free resources for parents. The AAP recommends that pediatricians:

Texas May Consider "Loser Pays" Law Regarding Legal Fees

According to the New York Times, Texas is considering passage of a "loser pays" law that would force those who lose a lawsuit to pay the legal fees of the opponent. American jurisprudence has long used "The American Rule" [as opposed to "The English Rule"] and each party has paid his or her own legal fees and costs, with some exceptions. The American Rule keeps court access available to poor litigants. A serious consequence of a "loser pays" rule would be that many lawyers would not agree to represent injured people on a contingency fee agreement.

First Children Return from Singapore under Hague Convention

There is a wrenching report on Karl Hindle's website today detailing the psychological damage done to children who are abducted by a parent and subjected to parental alienation. Karl has posted a message from Andrew Ko relating that he is finally flying his abducted twin sons home from Singapore. There is much to be grateful for--this is the first return of abducted children from Singapore, where the Hague Convention on International Parental Abduction came into force only March 1, 2011!

Andrew described his children and the leave-taking process that was very complicated and distressing. Andrew's children were only gone from their father for 18 months. Imagine the damage done to children who are missing for years.

IRS Resources for Divorced and Divorcing People

The IRS has released updated publications and forms that help divorced and divorcing people understand and deal with these issues:

• income tax filing status
• the right to claim tax exemptions
• how to protect against tax liabilities arising from FOC intercepts of tax refunds on joint returns when, in fact the intercept is for child support arrearages of only one spouse and some of the tax refund belongs to the other spouse.
• how to claim "innocent spouse" relief from liability caused by unreported income by the other spouse are now available.

Klooster v Charlevoix | Transfers that "Uncap" Real Estate for Reassessment

On March 10, 2011, in a 22-page decision, the Michigan Supreme Court decided Klooster v Charlevoix, ___ Mich ___ (2011). The case involves the General Property Tax Act (GPTA) and two particular circumstances in which a conveyance of property may or may not permit a taxing authority to “uncap” and reassess the value of that property. Two issues of importance to family estate planning were addressed by the court:

(1) whether a “conveyance” as that term is used in MCL 211.27a(3) must be by means of a written instrument and

(2) whether, under MCL 211.27a(7)(h), petitioner’s property was uncapped for purposes of property-tax reassessment by either the death of the other joint tenant in January 2005 or the creation of a subsequent joint tenancy in September 2005. 

Reverse Mortgages | Dangers Disclosed by NY Times

In these troubled economic times, many older people must find a source of money. Taking out a reverse mortgage, if there's sufficient equity in the house, may seem (or may have seemed in the past year or so) a good idea. The New York Times today explains why many elderly people are losing their homes after the death of a spouse as a result.

"HUD sets the rules for these loans and insures them as well. For years, most borrowers and lenders read HUD’s rules to mean that a borrower or the heirs would never owe more than the loan balance or the value of the property, whichever was less. This is all well and good for couples who are both on the mortgage. Even if one of them dies, the other can stay in the home and keep drawing on any remaining money from the reverse mortgage until he or she no longer lives there.

Prenuptial Agreements on the Rise

According to a 2010 survey of the American Academy of Matrimonial Lawyers, 73 percent of divorce lawyers reported increased demand for prenuptial agreements in the past five years. Middle-class couples were reported as most often seeking a prenuptial agreement.

The survey was disclosed amidst speculation that Britain's Prince William may ask his fiancée, Kate Middleton to sign a prenuptial agreement. The rumor was sparked by an October 2010 decision by the U.K.'s Supreme Court ruling in favor of enforcement of a prenuptial contract for the first time.

David Goldman prevails in grandparenting time action

On February 17, 2011, Judge Michael Guadagno of the Superior Court of New Jersey Chancery Division – Family Part (Monmouth County) issued an opinion in the Goldman case in favor of David Goldman, denying the maternal grandparents the right of visitation. Patricia Apy of Red Bank, NJ is David Goldman's attorney. Here are some of the salient facts and highlights of the judge’s opinion:

Acknowledgment of Parentage is not an "initial custody determination" | UCCJEA

I have fallen behind in writing digests of recent Michigan cases. One important case recently decided is Foster v Wolkowitz. The Michigan Supreme Court’s Opinion was published on July 1, 2010. The Court held that the presumptive award of custody arising from execution of an acknowledgment of parentage does not constitute an “initial custody determination” under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), MCL § 722.1101 et seq. As a result, it doesn't confer subject matter jurisdiction upon the state court where another state is the child's home state under the UCCJEA.

Under Michigan's Acknowledgment of Parentage Act, MCL § 722.1101 et seq., once two parents sign the Acknowledgment of Parentage [“AOP“]  the mother is presumptively awarded custody of the child, without prejudice to the father's rights to seek custody and parenting time. An AOP is a valid agreement into which parents may enter.  An AOP may be set aside only when a custody determination has been made by the judiciary.