UPDATES IN MICHIGAN FAMILY LAW

Step-Parent Adoptions | Meeting the Tests of Support and Contact

Because not every reader will see all of the many comments and responses to comments, I want to call your attention to a very wonderful comment on a step-parent adoption blog post. In this comment, Nate explains the difficulties and the success his family experienced in terminating the parental rights of the biological father so the adoption could take place.

As many of you know, if the biological parent won't agree to the adoption, then the other parent must prove that the parent whose rights are sought to be terminated (a) did not have "regular and substantial contact" during the two years immediately preceding the filing of the petition for adoption and (b) did not have a "regular and substantial support relationship with the child" during the two years immediately preceding the filing of the petition for adoption. Parents pursuing a step-parent adoption feel caught in a dilemma where there is some sporadic contact and/or support.

iPad vs. Kindle Fire? Scott Bassett Reviews & Recommends

Today's guest blogger is Michigan family law appellate lawyer Scott Bassett. Scott has many talents, including bass-playing in a jazz band and he is the consummate techie. In fact, I never purchase hardware or software til I have checked with Scott. Scott consults with law firms through Affinity Consulting and writes a blog for them. Today Scott reviews iPad vs Kindle Fire. He says:

"iTablet computers can be useful productivity devices for lawyers - if the hardware and software are up to the task.  From my use of a Kindle Fire over the last week to read and annotate transcripts for an appeal, do legal research, manage email, and edit documents, I must conclude that it isn't up to the task. 

Fact Sheet on Passports for Family Law Judges and Lawyers

While using the U.S. State Department website, I happened across this excellent fact sheet for family court judges and lawyers. It might also be a good resource for your clients.The factsheet addresses some known and many unknown ways in which passport issues can affect custody cases and also recovery issues for children who are now missing.

You may access it and print it here on the State Department website.

 

Facebook Again | "Identity Theft" & Spite Goes Wild

Dana Thornton, 41, of New Jersey has been charged with identity theft after she allegedly created a fake Facebook page in the name of her ex-boyfriend, a narcotics detective in Parsippany and posted all kinds of unflattering and outrageous photos and fake posts. The latest news: Superior Court Judge David Ironson in Morristown, NJ has refused to dismiss the indictment. Thornton, has pleaded not guilty; she faces up to 18 months in prison if convicted.

According to Ironson, the evidence presented to the grand jury showed Thornton had allegedly "injured" the detective’s reputation with her "impersonation." Thornton’s attorney argued the current law prohibiting identity theft on the Internet does not include "electronic communications" and that the indictment should be dismissed. Judge Thornton ruled, however, that the law is "clear and unambiguous," and does not specify the "means" by which the injury could occur.

Facebook & Dating Websites: Judge Orders Couple to Exchange Passwords

In what may become a controversial decision, a Connecticut judge has ordered lawyers representing a divorcing couple to exchange passwords to their clients’ Facebook and dating websites.

As reported in the Forbes blog The Not-So Private Parts, Judge Kenneth Schluger ordered the password exchange in the divorce of Stephen and Courtney Gallion. The judge's September 30 order states that the exchange should be carried out by the lawyers, and neither spouse may post messages purporting to be the other.

Stephen Gallion is asking for full custody of the parties' children. He believes, according to his  lawyer, Gary Traystman, that the social networking accounts will provide evidence about Courtney Gallion’s ability to take care of their children.

Controversial anti-bullying legislation | "A picture is worth a thousand words."

You have to see it to believe it. Mike Thompson, long-time talented political cartoonist for the Detroit Free Press has an on-line blog. The cartoon is priceless (as in "A picture is worth a thousand words.")

Thompson says:

"Schoolyard bullies in Michigan can breathe a sigh of relief. Just when it seemed society was beginning to take the issue of school bullying seriously, along comes the Republican-controlled Michigan State Senate, that last week inserted a bizarre exemption into anti-bullying legislation know as Matt’s Law. The exemption would give a green light to verbal bullying, provided it was motivated by 'a sincerely held religious belief or moral conviction.' "

And who elected those people? We actually pay them a salary? This gives new meaning to the old joke "Vote early and often."

Thompson's blog and editorial cartoon are here.

401k: Get a Spousal Waiver If Your New Spouse is not Intended to Inherit

Second and third marriages are common these days. Sometimes parties protect their premarital assets with a prenuptial agreement to provide for distribution of their separate assets to children of a prior marriage. But sometimes, despite best intentions, a desire to make one's children the beneficiaries of  the proceeds of a 401k retirement plan by naming them as beneficiaries can lead to an unintended result and the surviving spouse will get the proceeds when the Participant dies. The reason is that the beneficiary form is trumped by federal ERISA rules. Under ERISA, to avoid distribution of a retirement plan to a surviving spouse, in addition to naming his children as the beneficiaries, the Participant must obtain a written waiver of rights from the new spouse and file that with the Plan Administrator.

The Bully at School Goes High Tech: Protecting Students in the Internet Age

On Wednesday, November 16, 2011, the American Bar Association will webcast a seminar on cyberbullying for those attempting to protect students at school. The public is welcome to register for this program. The program will also be available on a CD for those unable to attend.

Titled "The Bully at School Goes High Tech: Protecting Students in the Internet Age," this webcast will explore how changes in technology have created new ways for students to bully one another and new legal challenges for schools and society. The program will