UPDATES IN MICHIGAN FAMILY LAW

Legal Research | Online Database Services

When is the last time you held a law book in your hands? For me, a sole practitioner, it was about 1996. Prior to that, I had the West Michigan Digests and some treatises--books to help me out in the middle of the night if I awakened with a deep concern about a case. [Home office disavantage!] I could read the cases at the courthouse. Then I had Lexis, then West Law online. When I moved in 2006, I gave my entire library (except for my ICLE books) to a young lawyer I was mentoring.

I use TheLawNet and I supplement with volumes from the Institute for Continuing Legal Education at University of Michigan--the online versions that are keyword searchable. We all learned keyword search--with digests, etc. at law school. As a member of the Law Review at Detroit College of Law, I had unlimited access to LexisNexis, and refined my skills at Boolean research to the point that I can reduce a search on any database from 2 million (for example) to 12. [See a tutorial on Boolean research here.] But I have chosen TheLawNet as my online database legal research tool for several reasons.

From New England Medical Journal: Good News on ART

A New England Journal of Medicine study reports today that live-birth rates after assisted reproductive technology can approach those seen after natural conception. Using registry data, researchers estimated cumulative live-birth rates for almost 250,000 women undergoing more than 470,000 assisted reproductive cycles from 2004 through 2009.

• The researchers found

Free Document Conversion Tools

Now you can put to good use some of your tax dollars. The U.S. National Library of Medicine's (NLM) document conversion tools make the exchange and use of electronic information easier for librarians, library users, and the general public. The DocMorph Web site and MyMorph software are two free conversion tools that allow users to convert more than 50 types of files into alternative, usable formats. DocMorph allows users to convert files one at a time into PDF, TIFF, or text through their Web browsers. In addition, NLM has created a mashup using DocMorph and Google Language Translation, which permits DocMorph users to translate uploaded files into many languages.  This extends the file types translatable by Google to include scanned image files (e.g., image PDF, TIFF, and JPEG2000).

The downloadable MyMorph client software replaces the browser for the case where users need to mass migrate files to PDF, TIFF, or text. You can download the DocMorph and MyMorph here.

Judith S. Wallerstein Dies at Age 90

Judith S. Wallerstein, a psychologist who touched off a national debate about the consequences of divorce by reporting that it hurt children more than previously thought, with the pain continuing well into adulthood, died on Monday in Piedmont, Calif. She was 90.

The New York Times coverage is here.

Third Party Custody Claims - Sometimes the Non-Parent Wins

While it is not clear from the Court of Appeals' Opinion why the children were not in the custody of their mother, what is clear is that several children were living with their aunt who was, at the time of the custody trial, the guardian for the children. It is not clear where their mother was, but she was obviously not available to care for the children.

Their father sought custody. Thus, this case presents a third party with an established custodial environment with the children seeking custody and the biological father as to whom, under Hunter v Hunter, the parental preference applies. The third party, thus, had the burden of proof by clear and convincing evidence to prove that it was in the best interests of the children to remain with her rather than to live with their father.

Relocation Decision

The Michigan Supreme Court, on June 20, 2012, in lieu of granting leave to appeal, reversed a March 2012 decision by the Court of Appeals in a case involving a mother's motion to relocate with the parties' minor child from Northern Michigan to Fayetteville, Arkansas, and reinstated the trial court's decision denying Mother's motion. What happened in this case illustrates the danger of committing to a move without having the agreement of the other parent.

Unfortunately, Mother committed to the move prior to obtaining a decision from the trial court and Father opposed the move. Mother's move was related to a lateral transfer with the company she worked for with a slight raise in salary, a signing bonus, and her claim of future possible advancement.

Pre-birth DNA Testing? It's a Reality

Following up on my most recent post about sweeping legislation that will open up the door for many Michigan biological fathers to establish their paternity with respect to children born or conceived during a marriage, this article from the New York Times caught my attention today.

In Before Birth, Dad’s ID, reporter Andrew Pollack writes:

"It is an uncomfortable question that, in today’s world, is often asked by expectant mothers who had more than one male partner at the time they became pregnant. Who is the father?"

Sweeping New Changes to Parentage Laws in Michigan

Legislation inspired by a Livingston County man’s story was signed into law Tuesday by Governor Snyder. Public Act 159 of 2012 gives biological fathers more rights to establish parentage when a child is conceived or born during a marriage. It may remedy some biological father's plights--for example, those of Daniel Quinn of Hartland Township who says he has been prevented him from seeing his daughter for the past four years. The new Act is titled "the Revocation of Paternity Act." It permits a biological father to establish paternity of a child born or conceived during a marriage provided certain specific circumstances exist. In fact, although generally, it only allows paternity to be established if it is done during the first three years of a child's life, there is a savings clause that would permit the filing of an action if it is done within one year of the enactment of the legislation--in other words, not later than June 12, 2013.

Radiation from Childhood CT Scans Increases Risks for Leukemias, Brain Tumors

Does your child (or your client's child) play football, soccer, or another contact sport? Has your child, or your client's child fallen from a trampoline, fallen from a height while unattended by a caregiver or the other parent? If so, the information below is something you'll want to read and share with the other parent, with a child's medical caregiver, with your client(s). Who would have thought  CT scans would pose a danger to children?

As my subscription readers know, although my blog Updates in Family Law is dedicated to discussions of legal issues faced by families and children, I sometimes write about tech issues that affect those separating or that help families keep their children safe. I also write about medical issues affecting children and/or parents--such as the epidemic of HPV virus.

Childhood CT scans carry a distinct — if very small — risk for leukemias and brain tumors, according to a large observational retrospective cohort study in the Lancet.

Revisions to UCCJEA and Uniform Deployed Parents Custody and Visitation Act Proposed

Thanks to Ron Nelson, Esq. of Lenexa, Kansas for this information. Ron is well-known as an expert in the UCCJEA as well as a terrific family lawyer. Significant changes are proposed by the Uniform Laws Commission. The Annual Meeting Drafts of proposed updated/new uniform laws are now online at: http://t.co/fLEI4WZ4

Included are the Revisions to the Uniform Child Custody Jurisdiction and Enforcement Act for Implementation of the Hague Convention on Protection of Children (Jurisdiction), which is up for its "first read" and on the Uniform Deployed Parents Custody and Visitation Act, which is up for final consideration.

Michigan Supreme Court: Leon Walker Headed for Trial on Hacking Charges

The Michigan Supreme Court won't intervene in an Oakland County case of a man charged with getting access to his estranged wife's email. Leon Walker was charged with a computer crime after his then-wife accused him of going through her email after he suspected infidelity.

In an order last week, the Supreme Court said it wouldn't step in before Walker's trial. Justice Marilyn Kelly wanted to hear the appeal, saying she doubts the hacking law was aimed at a case such as Walker's.

Justices Robert Young Jr. and Stephen Markman urged lawmakers to revisit the hacking law. They say it seems to cover an "extremely broad range of conduct."

You may read the supreme court's opinion here.

Resource: The American Veterans and Servicemembers Survival Guide

Hat-tip to Mark E. Sullivan, family lawyer from Raleigh, North Carolina, for pointing out this resource: The American Veterans and Servicemembers Survival Guide. This resource is chock-full of information on disability issues, legal assistance, the Servicemembers Civil Relief Act, military disability retired pay, recall to active duty, benefits for those who have served, medical care, survivor benefits, and lots more. Download Survival%20Guide-102309

Mark E. Sullivan is the author of The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families, Second Edition, (Am Bar Assn 2011). There are discounts available for members of the ABA.