UPDATES IN MICHIGAN FAMILY LAW

Fault-based Divorce London-style | Seriously: It's About the Tuna Casserole?

Recently Justice Matthew Thorpe, commented about accusations of fault that have come before him in divorce petitions to support allegations required as grounds for a divorce in England. Justice Thorpe said that there would have be no need for the painful allegations and investigations if the government had enacted past proposals to allow no-fault divorce. The current system, said the judge, "seem to represent the social values of a bygone age.”

Under current English law, there are only five grounds for divorce, including adultery and abandonment. Grounds for divorce alleged in about half of the cases now filed fall into a general allegation of "unreasonable behavior." In this category, one party has to accuse the other of acting so unreasonably that living together has become intolerable.

Step by Step Guide for using the Hague Service Convention

Today's guest author is Pamela Brown, a legal services lawyer in Texas. Many lawyers are asking recently about how to serve process on someone who resides outside of the United States. Ms. Brown has some practical and valuable advice. She says:

Last year, I prepared and disseminated an elaborate step by step guide as to how to properly and practically serve a defendant/respondent residing in Mexico via the Hague Service Convention ("HSC"). I noted then that while the Convention itself provided a rather streamlined process for accomplishing service in its signatory countries, some countries, including Mexico, had essentially disregarded parts of the treaty and required attorneys requesting service of process within their borders to jump through several hoops not contemplated by the Convention as drafted.

Well, I am happy to report that the Permanent Bureau of the Hague Conference on Private International Law was also keen to the problems associated with some its signatory countries' implementation of the treaty and has been taking some steps to remedy the situation. Fortunately, Mexico is among the countries embracing the Permanent Bureau's recommendations.

Man held in Contempt for Facebook Rant, Ordered to Apologize on Facebook

Mark Byron was angry about a domestic relations court protective order that ordered him to stay away from his wife and affected his custody of his son. So he vented on his personal Facebook page, stating:

". . . if you are an evil, vindictive woman who wants to ruin your husbands life and take your son’s father away from him completely – all you need to do is say that you're scared of your husband or domestic partner...”

When his wife learned of it, her lawyers filed a motion to have him held in contempt for violating the protective order that prevented Byron from doing anything to cause his wife “to suffer physical and/or mental abuse, harassment, annoyance, or bodily injury.”

Teens and Risk of Suicide | Do You Know Where Your Children Are?

I'm so old I used to babysit for 25 cents/hour and all the Coke and potato chips I could eat. The cool thing was getting to watch TV (black and white) until all hours of the night. There was always a public service announcement that said in a dark, ominous voice: "Do you know where your children are?"

The risks to teens today must be twenty times the risk back then. A recent New York Times article pointed out that parents and friend of teens today have option to access an alert that may let them know where their children "are" today. Teens today are subject to many more stressors than teens in my youth. Depression, bullying, lack of self-esteem . . . all kinds of things are going on that make it important to stay in touch with where teens "are" -- not geographically, but emotionally.

Happy Birthday, Mom. And by the way . . .

Over 400 news sources have picked up the story published on February 17, 2012 about Mary Kantorowski. It seems that her 71-year-old son wants to evict her from her home. She has lived in the home about 59 years. On Dec. 13, 2011, his mother's 98th birthday, Peter Kantorowski had his mother served with eviction papers. He claims she'd be better off living with people her own age.

According to news sources, Mrs. Kantorowski lives in a house that her husband worked two jobs for dozens of years to build, including several additions. The house is assessed at more than $333,000 dollars.

Nag, nag, nag, nag, nag

My family law colleagues are all talking about yesterday's column in the Wall Street Journal about nagging as a source of toxin to marriage. Today's marriages are under plenty of stress given the economy, job loss and job insecurity, deployments, service members coming home from deployments. There are many sources of stress. But seriously, nagging. How is that going to help problems. What about the damage to the marriage relationship?

See Meet the Marriage Killer: It's More Common Than Adultery and Potentially As Toxic, So Why Is It So Hard to Stop Nagging? By Elizabeth Bernstein for the Wall Street Journal, January 25, 2011 

Is nagging a problem in your relationship? Ms. Bernstein has some tips for both partners to help curb it.  Death by a Thousand Reminders

Leon Walker Case: Unauthorized Access of Email is a Felony

On December 27, in an unpublished decision, 2011 the Michigan Court of Appeals decided a case involving Leon Walker's unauthorized access of his wife Clara Walker's password-protected email account. Leon Walker does (or did) work for the Oakland County Information Technology Department maintaining and setting up computers. Following the preliminary hearing, the district court bound Leon over on two charges, one a violation of MCL 752.795, which prohibits fraudulent access to computers, computer systems, computer programs, and computer networks.
The district court found that Clara did not share her computer password with defendant, and defendant did not ask Clara for her information. The trial court said: “Gmail allows a user to create a password which creates an expectation of privacy and creates security for the user. It’s the user that decides who can have access to the information inside of the computer account, which in this case is like a vault.”

Facebook | Divorce & Total Recall

Well, Jane Smith, filing for divorce and asking for primary custody—you think you can avoid some of the stupid things you posted on Facebook a year ago? You think it might never see the light of day—those comments about how drunk you got—where you were, with whom, doing what? Guess again! And think about how Facebook will supplement your resume’ as you begin job-hunting. [See this blog article on Lexis-Nexis' use of Facebook in making decisions about whom to hire.]

Last Thursday (December 8, 2011), Facebook began updating Facebook accounts with a new and revamped profile feature called Timeline. Timeline allows a person with access to the account to see a user’s entire history of photos, links and other things shared on Facebook accessible with a single click. 800 million members of Facebook are about to see just how many digital fingerprints they have been leaving on the site — and on the Internet in general. This will make it more difficult to erase past identities, past comments, past bad behavior memorialized in a moment of sheer stupidity.

Change for a Dollar | Making a Difference

In these difficult economic times, families are under a tremendous amount of stress, much of it caused by unemployment, necessary relocations, divorce and all of the financial issues that arise in those situations. It's nearly the holiday season. Family lawyers see these issues on a daily basis.

Here's another look at the issues -- sort of a "Gift of the Magi" kind of story. It's very moving. I hope you will find the time to view it.

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.

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.

The Two-Minus-One Pregnancy | Modern Family of Choice & Its Ethical Dilemma

Ruth Padawer has written a fascinating article, “The Two-Minus-One Pregnancy,” recently published in the New York Times Magazine section. I have to say Padawer literally took my breath away. There are so many questions; the choices are so personal. The reduction of a multiple pregnancy involves ethical, religious, social, moral, emotional and personal dilemmas. Obviously, ultimately, the choice is made by the prospective parents.

The reduction of a pregnancy from twins to a singular child, however, is a procedure only recently available. Padawer writes of young and not-so-young mothers pregnant with twins each of whom chooses, for various reasons, to have reduction in the pregnancy so that she will bear only one child. Most often, this procedure is sought after fertility treatments.

Special Interests Attempt to Eviscerate Michigan Family Laws Re Property

Brian Dickerson wrote an insightful article published in the Detroit Free Press today. The past week has aroused deep concern among Michigan family court judges and family law attorneys who were only recently made aware of proposed legislation--two bills introduced last month by state Rep. John Walsh, R-Livonia--that would make radical changes in Michigan law about the division of appreciation in separate property of one spouse that has accrued during the marriage and also about how a trial judge may treat separate property if a division of marital property is insufficient to maintain a former spouse and children in his/her care.

The current laws in Michigan would allow the trial court judge to award an equitable share of the appreciation built during the marriage to a stay-at-home parent. In addition, a trial court judge could invade separate property of one spouse if the division of marital property would leave the non-titled spouse with insufficient means to support that spouse and any children in his/her care. The proposed statutes, if enacted into law, would eviscerate existing law and would take women and children back to the dark ages, resulting in servitude and poverty.

Scam Marriages of Elders | Voidable or Not?

Rob Robertson, Family lawyer from Austin, Texas provides as a follow-up to a recent post about scam marriages of elders, the following statute from Texas. [Prior post: "Predatory Marriage: Do You Know Where your Parent Is?"]  As I receive statutes from lawyers in states where this has been addressed, I will continue to provide them to you. It is interesting that the Texas statute was enacted in 2007. Perhaps Michigan should consider a law similar to this. What do you think?

Predatory Marriage: Do You Know Where your Parent Is?

When I was growing up and babysitting for 25 cents per hour (plus all the Coke and pretzels I could consume), the best part of the job was that I could stay up late and watch TV [black and white]. Right around midnight, a public service announcement would say in an ominous voice: "Do you know where your children are?"

Today the question might be: "Do you know where your parent is?" As Kelly Greene reports in the Wall Street Journal, many adult children are surprised to learn the day before a parent's funeral that their parent had married a hired caregiver and the surviving spouse is claiming the bulk of the estate. Ownership of bank accounts has been changed. Retirement account beneficiaries have been changed. Greene asks: Is there anything that children can do to defeat statutory rights of surviving spouses when it's obvious that it was just a scam?

According to Greene, in a few states, courts and lawmakers are starting to make it easier to unwind a "twilight union." Florida closed a loophole last year by enacting a law that gives heirs and others the legal standing to challenge any marriage—even after a spouse's death—on the grounds of fraud, duress or undue influence.

Foreclosures | 60 Minutes Segment

The foreclosure mess is a major story. A 60 Minutes segment aired on April 3, 2011 states that as more and more American homeowners face foreclosures, the loan documents the banks are relying upon may be bogus. There are several related stories, including one about some folks who were able to avoid eviction. The 60 Minutes show can be seen online here.

An earlier post on this issue can be read here.

MERS & Foreclosure Defense | NY Times

A New York Times article explains the legal issue that forms the basis for avoidance of foreclosure by publication by MERS. In a sentence: MERS has no title to the real estate; thus MERS has no "power of sale." This is a must-read for those of you who are facing mortgage foreclosure by publication and also for family lawyers who have clients facing this issue. Read Mortgage Electronic Registration Systems (MERS) Inc., New York Times, October 14, 2010 here.

My earlier post discussing a new Michigan Court of Appeals case dealing with this issue is here. That article also contains a link to state-by-state case law around the United States where this issue has arisen to protect homeowners.

Foreclosures | Defending against Foreclosure by Publication

I've just finished The Fifth Witness, Michael Connelly's latest legal thriller, which features Mickey Haller. [You may remember him from The Lincoln Lawyer, about to be released as a movie]. In this new novel, the L.A. lawyer, who uses the back seat of his Lincoln town car as his office, has switched from criminal defense work to "foreclosure defense." The plot thickens as Haller elects to defend one of his mortgage foreclosure clients who has been charged with murder.

As the story unfolds, Mickey Haller crafts an impressive effort to interject reasonable doubt at the trial. He struggles to work in "the fifth witness." Connelly's understanding of the obscure and mysterious world of mortgage foreclosure is fascinating.

I have to confess that the fine points of the mortgage industry's much criticized practices have largely gone unnoticed by me. It is only coincidence that brings Michael Connelly's novel and me together at the same time that the Michigan Court of Appeals has decided, for publication, a case finding some mortgage foreclosure practices illegal under Michigan law for exactly the same reason that Haller's clients were able to successfully defend against foreclosure by publication.

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.

House foreclosures | Break-ins by banks?

The New York Times published an article about cases around the country involving banks sending contractors to houses when the homeowner is in default. There were some horror stories about contents being thrown away, utilities being shut off, causing food spoilage and other damage to the house. A clause in most mortgages allows banks that service the loan to enter a home and secure it if it is in default, meaning if the mortgage payment is 45 to 60 days late, and if the house has been abandoned, banks said. How many of our clients who are in financial trouble know that?

Why you want to teach your kids to talk to 911

Sometimes there are family emergencies and the only person available to call 911 is a child. Today I saw the most amazing video with a recording of a 911 call between the dispatcher and a 5-year old. "Stay calm, Dad," says little Savannah. You'll not only find this video poignant, but it may convince you to teach to your children or grandchildren how to call 911, or even do a little role-playing so they learn how to handle emergencies.

Federal judge | Celebration of boys and girls

As Jeff Goldberg wrote in The Atlantic this week, Judge Kimba Wood granted a lawyer's unusual  request in a manner that was charming and progressive. She was persuaded by a letter from a lawyer litigating a trial in her courtroom that was very unique and tongue-in-cheek, heart-on-sleeve. Bennett Epstein's daughter is expecting her first child on December 3--in the middle of trial. Mr. Epstein wrote the judge requesting that the court adjourn a trial for one day in the event that his daughter gives birth to a son, which would compel under Jewish law, a bris during daylight on the 8th day after birth. Bris, is defined in Mr. Epstein's 6th footnote, "Hebrew for 'convenant,' for 'the Convenant of Abraham,' i.e., ritual circumcision, joyous to everyone, apparently, except the baby."

To her credit, Judge Wood granted permission for Mr. Epstein to attend the bris, with the caveat that "[i]f a daughter is born, there will be a public celebration in Court, with readings celebrating girls and women."

You may read Mr. Epstein's unusual request and Judge Wood's hand-written Order here. Goldberg, Jeffrey. Judge Kimba Wood, Standing up for Women. The Atlantic, (November 19, 2010)

Tacky lawyer solicitations

Lately, on the State Bar of Michigan's Family Law Listserv, we've been discussing the practice of monitoring filings in the county clerk's office by certain lawyers who then send out a letter advising the defendant that his/her spouse has filed for divorce. Often this letter arrives prior to the time that the spouse has been served. In cases where domestic violence is a factor, this could lead to harm for the filing spouse and perhaps also for the minor children.

The consensus of opinion among the 900+ lawyers who participate in this discussion group is that it's tacky and should not be permitted. Most believe that filings should not be disclosed by the court clerk until a notice of service of process is filed.

Speaking of tacky, what do you think about this marketing technique? I personally find it offensive. Since  I don't have to scrape the bottom of the barrel to find clients, however, I don't see the lawyer involved as being a competitor. But really, how low can you go?

Families homeless in America

On September 11th, the lead story in the online New York Times focused on family homelessness. I don’t know what it’s like in other cities, other parts of the country, but here in Traverse City, Michigan every time I go to town, it seems that one more storefront is empty, one more restaurant is closed. What does that mean? People have lost their jobs. What will they lose next?

Thanks to Paula Aylward, family law attorney in Marshall, Michigan for bringing this story to my attention.

How can you make sure that your property will pass to your children?

The Michigan Court of Appeals decided an interesting case this week, for publication, that should provide a heads up for lawyers preparing what are often called "pour-over Wills" and "simple trusts" for their clients. There are some traps for the unwary, lawyers and laypersons alike. The case, In Re Estate of Leix, makes those clear.

Sometimes folks want to do what they call "simple estate planning." They may make a contract / agreement to make mutual wills. Ultimately these people intend that their mutual promise to devise real estate, bank accounts, and other property to particular people--generally their children--is carried out after the first of the couple passes away. In Re Estate of Leix points out how easy it is to defeat this plan after the death of a spouse.

Same-sex marriage | The decision in Perry v Schwartzenegger

In a fascinating Op-ed piece in the New York Times on August 12, 2010, Linda Greenberg analyzes the decision in Perry v Schwartzenegger, the recent California appellate decision overturning Proposition 8 that outlawed same-sex marriage in California.

Greenberg has this to say about the decision:

"Of the many smart moves Judge Walker made in his 136-page opinion last week, the smartest was his unveiling of a central hiding-in-plain-sight fact: the change in society’s expectations about what partnership in a marriage entails. 'Marriage between a man and a woman was traditionally organized based on presumptions of a division of labor along gender lines' until recently, he said. 'Men were seen as suited for certain types of work and women for others. Women were seen as suited to raise children and men were seen as suited to provide for the family.' ”

Staying married, living separately | Pros & Cons

The New York Times published an interesting article today about people who opt to stay married for 25 to 40 years or longer. What’s odd about that? The article is about folks who stay married but live separately. Some continue to function as a married couple, filing joint tax returns, enjoying company perks like health care insurance, etc. Others live separate lives. Often financial reasons keep them together, particularly if one party has a debilitating disease and the other has great health care coverage.

One man quoted in the article said: “Since separating we get along better than we ever have. It’s kind of nice.” Because their children are grown and no longer live at home, he sees no reason to divorce. He said: “Why bring in a bunch of lawyers? Why create rancor when there’s nowhere to go but down?”

Survey of judges indicates unrepresented litigants are hurting their cases

The weak economy has increased the number of litigants representing themselves in foreclosures, domestic relations, consumer issues and non-foreclosure housing matters according to a survey of nearly 1,200 state trial judges around the country. Judges surveyed say the increase in self-representation has two primary serious results. The say litigants are doing a poor job presenting their cases and that they are burdening courts already hurt by cutbacks. The judges cite the most important mistakes these folks are making.

The study was conducted by the ABA Coalition for Justice. You may read a preliminary report on the survey in the ABA Journal online here: Judges Say Litigants Are Increasingly Going Pro Se—at Their Own Peril

Pilot programs for informal divorce process

According to the Detroit Free Press, two Michigan counties will try an informal divorce process. This will involve the judge meeting informally with the parties to discuss recommendations for child custody and parenting time. The two counties in this pilot program initiated by the Michigan Supreme Court are Gratiot and Clinton counties.

The Supreme Court Administrative Order describing the process may be read here.

Granholm says "No" to tax on services

Lawyers in Michigan and other businesspersons are heaving a big sigh of relief. Governor Granholm has nixed the idea of taxes on services delivered, such as legal services. You may read the report in the Detroit News here.

Department of Veterans Affairs to ease rules for PTSD claims

Family law attorneys are seeing so much pain in our military families.  Here is some news about veteran's benefits for PTSD that we should send on to our military clients, past and present. Many of them may be aware of this, but it never hurts to make certain.

The New York Times reported on July 7, 2010 that the Department of   Veterans Affairs will make it "substantially easier" for veterans to receive disability benefits for post-traumatic stress disorder. The rules will apply to veterans of all wars, not just the most recent ones.

Under the new rules, first proposed last summer and scheduled to take effect as early as next week, veterans will not have to document specific events that may have caused PTSD. Claimants need "simply show that they served in a war zone and in a job consistent with the events that they say caused their conditions," according to the Times.

Service members | Foreclosures for unpaid homeowner association dues?

As if family law attorneys don't have enough to worry about in All things Considered reported on June 29, 2010 about Capt. Mike Clauer. Clauer was serving in Iraq last year as company commander of an Army National Guard unit assigned to escort convoys. It was exceedingly dangerous work — explosive devices buried in the road were a constant threat to the lives of Clauer and his men. [Photo from Mike Clauer]This NPR story wouldn't come about if we were talking about just one family. Clauer was halfway through his deployment when he got a bolt from the blue — a frantic phone call from his wife, May, back in Texas.

This NPR story wouldn't come about if we were talking about just one family. Clauer was halfway through his deployment when he got a bolt from the blue — a frantic phone call from his wife, May, back in Texas.

"She was bawling on the phone and was telling me that the HOA [homeowners association] had foreclosed on our house, and it was sold," he says. "And I couldn't believe that could even happen."

New York on brink of "no fault" divorce

In an Op-Ed piece in the New York Times on June 16, 2010, Stephanie Coontz comments on New York State pending legislation that would, if enacted, let New Yorkers join the rest of the nation in what is called "No-Fault Divorce." What a breath of fresh air that would be. Presently, New York is the last state in the nation that requires one of the parties to be the appointed "at fault" person. The fault alleged might be mental cruelty, infidelity, or worse.

No-fault divorce could not possibly, in my mind, harm a family nearly as much as the need to find “fault” and worse yet, to litigate it. As a family law lawyer, it's always my goal when parents are divorcing, to attempt to make the process non-litigious. Why? These folks are going to be co-parenting for a long, long time. Those of us who are parents know that you don't stop being a parent when your children reach the age of 18. There is much, much more: the high school graduation, the college parents' weekends, college graduation, weddings, birth of grandchildren, holidays . . . and the list goes on.

Boston Globe takes stand against presumption of joint custody

While supporting the goal of giving fathers a large presence in their children’s lives, the Boston Globe took exception Massachusetts House Bill 1400, which promotes the concept of “shared parenting.’’ The Glove argued that the bill, pending in the MA Joint Committee on the Judiciary, is “too broad an approach to a challenging issue that demands nuanced, case-by-case decisions based on the best interests of the child,” and rejected the bill as a solution to the argument that fathers aren’t getting fair court hearings.

Like other shared parenting legislation pending in other states, the MA proposed legislation would create a legal presumption for joint custody unless there is evidence of child abuse or neglect. The MA legislation would not eliminate a judge’s right to award sole custody to one parent, however it would require judges to give written justification to support decisions rejecting an automatic grant of joint custody. 

The Gratitude Campaign

I represent a fair number of service members, both male and female. Usually, I don't get to meet them and most everything is done by email or telephone. But sometimes, I do get to know them--some better than others.

This video came to me today in an email. Having heard some of the stories, having seen some of the fallout with families, children and the service members themselves, I am always concerned that they are appreciated for their service and their sacrifices. The video shows a wonderful way to express your gratitude. It's not about whether these military operations are something you approve or disapprove. It's about saying "Thank you for being there for me, for my family, for our country. Thank you for your sacrifices." And please, pass it along.

To send to a friend, copy and paste this link: The Gratitude Campaign

Cuts in child care subsidies eliminate some parents' ability to work

Young parents are finding impossible to stay employed for lack of child care assistance. The jobless rate hovers near double digits. 6.7 million people have been unemployed for six months or longer, and yet some states are cutting back child care subsidies, making it impossible for some parents who lack help from friend or families to watch the kiddos.

Increases in court filing fees

Ben Stevens of the South Carolina Family Law Blog said on May 12th that the South Carolina Legislature is considering drastically increasing certain Court filing fees.  For those in South Carolina, the proposed increases would increase filing fees (except for child support enforcement or modification) from $150 to $200; (b) increase the filing fee for Motions from $25 to $75; and (c) would impose a new fee of $50 per deposition. Michigan has recently increased filing fees as well. 

Dividing up the thousands of family photos

Nothing can be more heart-wrenching that the thought that you have to divide the family photos with your former spouse. Do you have to sit and choose them . . . this one for you, this one for me?

And there's more! How many of us really look at old family photos in an album? I suspect not many. Also, old print photos degrade, the photos become brittle, the colors faded. New digital sharing produces photos you can view like a slide show on your TV screen.

A new day coming? Lesbian has standing to seek co-parenting in Wayne County

Wayne County Circuit Judge Kathleen McCarthy ruled last Friday--a ruling that could have broad and precedent-setting legal consequences--that a Downriver woman has standing in her suit to get joint custody of three children she says she raised with the biological mother. The biological mother's attorney says he will ask for a stay and will appeal. If the decision stands up on appeal, it would be the first time gays, lesbians and unmarried heterosexuals in Michigan would have legal standing to obtain joint custody.

Dana Nessel, Renee Harmon's lawyer, said Friday that "This is a historic moment . . . Judge McCarthy's ruling really ushers us into the 21st Century."

Safety precautions to help parents prevent a fatal error | infant left in car

Gene Weingarten's Washington Post 2010 Pulitzer prize-winning article "Fatal Distraction: Forgetting a Child in the Backseat of a Car Is a Horrifying Mistake. Is It a Crime?" has stimulated some comment on the Internet. Some constructive comment was available on the Post online about how to prevent these fatal or potentially fatal mistakes.

One possibility is an electronically installed weight-triggering device. If there is too much weight on a seat, an alarm is set off. Well, that would have to be really well designed for this particular situation. My front passenger seat has a weight-triggered device. If I set my heavy briefcase on it, a red light will show up on my dashboard saying that the airbag for the passenger seat has been de-activated. In other words, my brief case weighs as much as a small child, so the airgbag is deactivated to avoid death or injury to a child in the event of a crash. But I only know that if I am not distracted and I do see the red light on the console.

Hospital visitation rights extended to gay & lesbian couples

The Washington Post reports that President Obama mandated Thursday (April 15th) that nearly all hospitals extend visitation rights to the partners of gay men and lesbians and respect patients' choices about who may make critical health-care decisions for them, perhaps the most significant step so far in his efforts to expand the rights of gay Americans.

Fatal Distraction | Infant left alone in hot car

We've all read these stories: Infant left alone in car for hours. Infant dies of hyperthermia. I remember reading one news article about a mother who left 2 children alone in a car on a hot day while she went to get her hair and nails done. Both died. Horrifying. One thinks: Of course! These parents should be convicted . . . of something. Or should they?

The Washington Post yesterday won the 2010 Pulitzer Prize for Feature Writing for a story about several parents who made a horrible mistake. They drove to work. They parked their cars. They did not remember that they had not dropped their infant off at the day-care. The child died in the car as the temperature rose. What kind of parents do this?

IVF, Designer babies & Single mothers by choice

Recently, the subject of designer babies came up on a Listserv in which I participate. The topic under discussion was Lesbian couples who have children born using in vitro fertilization (IVF) or sperm donors and the tragedies playing out around the country when these mothers split and the biological mother keeps the non-bio Mom from having contact with the child they've planned and raised together. I opined that there's got to be a way that we can combine genetic material, creating a "designer baby," so that, upon "divorce" both mothers will have an equal claim to custody and parenting time.

Divorce in Michigan | Economy affects lawyers & litigants

An article by Catherine Jun published in the The Detroit News in March 2010 should be of interest to all --not just divorcing couples who are trying to save money by handling their divorces on their own, but also by attorneys who are seeing a decrease in client base. The article confirms what I see time and again as I am sitting in the peanut gallery waiting for my case to be called for final hearing. So often, parties representing themselves are refused entry of a judgment because their paperwork is defective. The article should be of interest to Detroit area lawyers because of the local focus.

Qualifying event | Health care coverage

In today's economy, especially with health care insurers under high scrutiny, family law practitioners and families in transition need to be very clear about what is a "qualifying event" that may cause rescission of health care insurance in the future and also, perhaps, efforts by the insurer to recoup payments made for past medical treatments. In particular, folks should be aware that by the express terms of ERISA, the federal law governing employer-provided insurance, entry of a judgment of separate maintenance, as well as a divorce, is a "qualifying event" that means an employee's spouse or former spouse is no longer entitled to be covered under the employer insurance plan.

Child support | Termination of parental rights doesn't end obligation

In a case for publication, In Re Beck, decided March 4, 2010, the Michigan court of appeals held that the termination of parental rights arising out of a neglect or abuse case does not end a parent's obligation to pay child support.

The father whose parental rights were terminated argued that the trial court violated his due process rights by providing in the termination order that his “[c]hild support and other support for the children shall continue.” He did not appeal the termination order itself.

$19 million in divorce attorney fees . . . and counting?

Good grief! A divorce with $19 million dollars in attorney fees? According to
the  LA Times, the divorce between the Dodgers' owner Frank McCourt and his wife Jamie McCourt has already cost that much and the parties haven't even had a trial yet! Teams of lawyers and accountants are working on the case.

According to the Times:

Palindrome - From AARP for all generations

A palindrome is a word that may be spelled the same backwards and forwards. My last name "Hannah" is a good example. AARP has published a video on YouTube that is a little different. It is named "Lost Generation" and begins with with sentences written on a blackboard, read aloud by a teenager. This video reads the exact opposite backwards as forward.  Not only does it read the opposite, the meaning is the exact opposite. It is a brilliant assemblage of thoughts and values.

This video was submitted by a 20-year old in a contest sponsored by AARP, and titled "u @ 50"  I'm told that this video won second place, but what could possible top this? The concepts are simple, and yet they are brilliant.

See Lost Generation here:

Lancet retracts position that MMR vaccinations are a cause of autism

From time to time, I write here of children's issues. Because I see so many clients with family law problems whose children have been diagnosed with autism spectrum disorder, I feel it's important to mention that a British medical journal, The Lancet, has "fully" retracted a paper it published in 1998 that suggested a link between measles-mumps-rubella vaccination and the subsequent development of autism.

More men marrying wealthier women. What does that mean?

According to the New York Times, an analysis of census data to be released by the Pew Research Center found that women are victims of a role reversal that is profoundly affecting the pool of potential marriage partners. Key points from the New York Times:

“Men now are increasingly likely to marry wives with more education and income than they have, and the reverse is true for women,” said Paul Fucito, spokesman for the Pew Center. “In recent decades, with the rise of well-paid working wives, the economic gains of marriage have been a greater benefit for men.”

“We’ve known for some time that men need marriage more than women from the standpoint of physical and mental well-being,” said Stephanie Coontz, a professor at Evergreen State College in Olympia, Wash., and research director for the Council on Contemporary Families, a research and advocacy group. “Now it is becoming increasingly important to their economic well-being as well.”

Whenever there is economic or educational disparity between spouses, a prenuptial agreement should be at the top of the list of pre-marriage things to do.  You can read more about prenuptial agreements on this blog here.

The New York Times article More Men Marrying Wealthier Women may be read here.