UPDATES IN MICHIGAN FAMILY LAW

Impact of Social Media on a Divorce Case

Tomorrow, September 13, 2011, the ABA Litigation Section is sponsoring a Webinar about use of social media in divorce cases. From the promotional material? “More and more, divorce attorneys are using social media to dig up dirt on their clients, even before hiring a private investigator.  Are you familiar enough with social media to represent your client best?”

This program will provide not only a general overview of the use of social media in a divorce case, but will also highlight:

•     current case law trends regarding gathering evidence through the use of social media;
•     evidentiary burdens; and
•     the forensic components behind social media.

ABA Members and non-members may register. In fact, if you cannot attend tomorrow, you can order the program on a CD. For more details see:

The Impact of Social Media on a Divorce Case: Big Brother Is Watching   [A thought: It's probably not "Big Brother" watching . . . it's Husband or Wife watching.

ERISA-based Plan not Required to Pay Surrogate's Birth-related Expenses

Is an ERISA-based employee medical benefit plan required to pay birth-related hospital expenses incurred by a surrogate mother? In an unpublished Michigan appellate decision, the answer is NO.

Facts of the case: Lehr (“surrogate mother”) became pregnant with triplets after being implanted with embryos created by third parties. Spectrum Health Hospital (Spectrum) treated the surrogate mother during her pregnancy. Third-party defendant NGS American, Inc. (NGS), the administrator of the surrogate mother’s employee medical benefit plan, denied coverage for Spectrum’s services.

Deployments | May Service Member Leave Children with Step-parent?

        I've had several cases this year involving deployed parents who have sought to maintain family continuity for their children during deployments. Spiteful ex-spouses in each case have sought to limit contact between the children and their step-parent and/or the children and the service member's parents.

        Frequently, the inability to be with a step-parent or grandparent will deprive the children of contact with the deployed parent through Skype or even telephone. My patience wears thin when I see mean-spirited parents (usually mothers) refuse to permit the children to keep building memories of the absent parent. In 2007, however, a Colorado appellate court held that a deployed parent had the right to leave the children with his new spouse during his deployment.  According to the court, this isn't much different from a custodial parent leaving the children with a daycare provider, a friend, etc. So long as both parents are fit, the court ruled, each can make day-to-day decisions during his or her allotted parenting time. Wouldn't it be great if other service members in other states could get similar relief from their family courts!