UPDATES IN MICHIGAN FAMILY LAW

Separate Property | State Bar Takes a Position on Pending Legislation

Thanks to talented family lawyer James P. Ryan of Plymouth, Michigan for keeping family lawyers advised of pending legislation. He advised today that the SBM’s position on these House Bills was announced in the newest Public Policy Update.

HB 4672 Family law; marriage and divorce; division of property in divorce; enact statutory standards. Amends secs. 18 & 19 of 1846 RS 84 (MCL 552.18 & 552.19).
HB 4673 Family law; marriage and divorce; division of property on divorce; enact statutory standards. Amends sec. 1 of 1949 PA 42 (MCL 552.401).

Home Alone | Part VI | Assessing Readiness

One 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. Of course, there is no simple one-size-fits-all answer. This decision is complicated because much depends upon the individual child and also family dynamics. A parent has to consider not only whether his or her particular child is "old enough," but is ready enough to be left home alone. The issue becomes more complicated if there are younger siblings. Is the oldest child ready to stay home alone and to be "in charge of" the younger children?

Overcoming Challenges | How Parents Approach Child's Challenges

Give yourself a gift today--watch this 2 1/2 minute video of a teenager playing the piano. This is not any ordinary teenager. She is beautiful, talented, and has no fingers on her right hand. Many children with challenges are fortunate if they have ordinary lives. Many are unfortunate and suffer.

This young lady is poised and your heart will melt as you watch her performance. "Souvenir D'enfance" by Richard Clayderman is not an easy piece to play. The girl plays beautifully, with the sort of lyrical maturity not often found in youngsters new to their instruments. Even more impressive, she first sat down at a piano a mere three years ago.

Protecting Parental Rights of Biological Fathers | A Father's Anguish

The following is a true story, provided to me to help others understand the importance of ensuring that Michigan law will reflect today's world. Parents today are mobile. Many parents are unmarried. Some parents are married to others. And in the latter, therein lies the rub. Under Michigan law, a biological father may never have access to his child if the child was conceived and/or born during a marriage. This is one father's account, written in a letter to his legislative representative:

Dear Representative Smith:    I am the biological father to a beautiful boy, and married to his biological mother, but I don't have, nor under current Michigan law can I even fight for, legal rights to my own son.  Instead, Michigan law gives those rights and joint custody to another man who insists on making my son call him daddy, who tells my son that he has 2 daddies, and who constantly introduces chaos and confusion into my family's life. 

If I can't have them neither can you | Domestic Violence | Forever Lost?

What is it that makes some parents decide that it is up to them to decide whether their child or children should be with the other parent--or that "If I can't have them neither can you?"

Today's news report states that there is new evidence concerning the three Skelton boys who have been missing since Thanksgiving in lower Michigan. Darling boys, really. John Skelton was caring for the boys, only 5, 7 and 9, went they went missing after Thanksgiving. John claims he gave the kids to an organization, but he claims he doesn't know any last names and therefore he cannot provide any details about the group to authorities.

John has been charged with kidnapping charges and his trial is set to begin in mid-August. Morenci’s police chief is calling the disappearance a murder investigation, but John hasn't yet been charged with murder. See Channel WXYZ coverage on this case here.  [Last accessed July 11, 2011]

In another case of "I don't want him but you can't have him," a 1996 case bumped onto my radar screen today when I heard from my former client. He has a child who has a unique heritage. He is Chinese-American. My friend and former client was born in Taiwan and later was brought with his family to the United States.

My former client, who has remained a friend after the representation, sent an email today saying that his 16-year-old son was now living with an unknown third party. In 1995, the mother kidnapped their child in utero, tricking his father into giving her thousands of dollars that she used to move to Michigan from northern California.Then she invited him to join her in Michigan for the birth. Hmm. Not such a good idea. It turns out she just wanted court jurisdiction for her paternity and support case. Not long after the child's birth, she charged him with domestic abuse (thrown out). But she never wanted to share the child.

My friend's extended efforts to have a parent-child relationship were extensive and expensive. It took a court hearing to get the child on a plane almost every time. Then there'd be a court hearing after the parenting time because the play therapist said that the child, upon return, exhibited violent play demonstrating that in her professional opinion, the child should not be forced to have parening time with his father.

Today's report is that the mother emailed him telling him that his son is back in our community. She declined to tell him with whom the child is living. He wants to know whether his parental rights trump third party rights, and of course I assured him that they do. But he worries about how the mother has convinced their child that everything that has happened in the past 16 years is Dad's fault. The child has expressed hatred for his father.

As family lawyers, my colleagues and I see all manner of sad cases. I tell all of my child-related clients that "no one wins. Everybody loses." The real question is: How significant are those losses to be?

Headaches for Same-Sex Couples | WSJ Family Values Section

On July 9, 2011, the Wall Street Journal reported in its Family Values section the following:

"Same-sex couples can get married in five states and the District of Columbia—and in New York starting July 25. But the happily-ever-after part doesn't necessarily extend to their personal finances.

Such couples still can't file a joint federal tax return, share retirement benefits, shield each other's assets from estate taxes or benefit from many other tax breaks provided through federal law.
As a result, same-sex couples who marry have to stay on guard, doing even more financial and legal planning, in some cases, than those who don't choose to tie the knot."

Zero to Three: Parenting Issues and Parenting Plans for Young Children

Richard Gould-Saltman, Esq. esteemed family lawyer from Los Angeles, CA will moderate and
Aaron Robb, M.Ed., NCC, LPC-S, Professional Counselor and Doctoral candidate at University of Texas at Arlington’s School of Social Work in Keller, TX will participate in an online CLE about devising appropriate parenting time plans for very young children. This CLE is sponsored by the American Bar Association Section of Family Law and the ABA Center for Continuing Legal Education.

Program description:     Infants and very young children pose challenges in the best of circumstances. Structuring parenting plans that meet children's needs for security and consistency in order to foster healthy long-term relationships with both parents provides a critical foundation for young children and parents who often struggle with what is 'good' for their babies.