Yesterday, CNN.com published an editorial from Leah Ward Sears, who has been the Chief Justice of the Georgia Supreme Court about the pros and cons to no-fault divorces and the effect that can have on father's parental rights. In my view, there are often "losers" on all sides of the equation, mothers, fathers and most of all children.
Thanks to my hubby for bringing this article to my attention (readers, you may interpret that as you like!)
If you've been following this case, fellow blogger and Michigan attorney Jeanne Hannah has included an update. Too many countries get away with keeping children from their rightful parent, Jeanne's post includes talking points to contact your legislators!
If you are seeking contribution to your legal fees, you will need to prove that the amount sought was reasonable and necessary. In other words, you will not receive an award for legal fees if your lawyer overbilled on the case or handled the case incompetantly. If you make statements to that effect, you have just made the opposing party's case! Sometimes discretion really is the better part of valor. Tameka Raymond, also known as the current wife of R & B star Usher may find this out the hard way, as she posted on twitter that her lawyer was "horrible."
Hat tip to Carolyn Elefant for her post at, Legal Blog watch.
In other posts, I have discussed the practical difficulties that can arise when litigation involves people living in different states. The problems are only compounded when people living in two countries are involved. Today, CNN posts about a case in Brazil in which a father is attempting to regain custody of his child. In this case, the mother took the child to Brazil in 2004, claiming it was for a vacation. The mother has recently passed away, and the child has been in the case of relatives in Brazil. It can be a very expensive and long process to retrieve a child who has been taken to a foreign country, with no guarantee of eventual return. The child's relatives want the child to remain in Brazil, supposedly what the child wants as well. There is another angle to this story as well...as the only remaining parent for the child, the father's rights should prevail over whatever the other relatives want to see happen. In Maryland, it is very difficult for any non-parent to gain custody over the objection of a parent. This comes up regularly in my practice, when for example a grandmother, aunt, friend, etc wants to win custody of a child. It is an appropriately high standard, as the court would otherwise be flooded with cases where a relative feels he or she would be a better caretaker. What do you think about this issue? Should a third party be able to win custody from a parent, and for what reasons?
An article on law.com discusses a case in New York in which the spouse was able to use emails from her husband's account as evidence that he was attempting to involuntarily impoverish himself. It makes a HUGE difference in how evidence is obtained....in this case, the wife logged into his email account, using the password he provided her with, and downloaded the emails. The key here is that he gave her the password and had apparently never changed it when the relationship went sour. The result would have been quite different had she stolen the password, possibly subjecting her to criminal prosecution and the evidence not being admissible. This is an area of the law that is very state-specific and complicated. Readers are cautioned to check with an experienced attorney before taking any action intercepting electronic information. With proper planning, this information can be found through proper and legal means such as subpoenas and/or hard drive imaging.
A study from De Pauw University found that people who smile more in photos are more likely to stay married. The study involved showing participants photos of people in their youth, the smiles were then evaluated and compared with data provided by the people in the photographs. Do happy people get divorced less often? Share your comments below.
As layoffs continues and businesses scale back, more and more people are finding themselves out of a job. Here are some tips in case you are out of work. Consider filing to modify your support obligation, and do it soon. Your order cannot be modified retroactively, when you are facing a contempt hearing or have a huge arrearage, it may be too late. If you are out of work, you need to be doing everything you can to find new employment, even outside of your field. It is also wise to keep excellent records of contacts made, resumes sent out, and interviews offered, in case the other party claims you are impoverishing yourself. I have found that many judges are sensitive to this issue and understand the current economic difficulties that people are facing, but be ready to back up your claims. It is stressful enough when you have a family law issue pending, being out of work makes it even more difficult. Got any job search tips, please share below!
USA Today reported on a trend of more spouses resorting to self-help to collect evidence for a divorce case. For example, one can purchase GPS trackers for a vehicle, install spyware to monitor what is being typed or viewed on a computer, or install a hidden camera. Beware, however, as the article is silent on what the consequences may be in taking those actions. Depending on the circumstances, you may be violating state or federal regarding privacy and electronic communications. For example, in some states, if your recording includes sound, you may be violating wiretapping prohibitions. Not only will you not be able to use the evidence in your trial, but you may face criminal penalties as well. Even in you can legally collect the information, consider whether it would be more credible in your case if a third party collected the evidence. Before you take any action, be sure to consult with an attorney familiar with the laws of your jurisdiction. Just because you can buy it, doesn't mean you should use it.
Today, the Wall Street Journal included an article with tips to improve your financial situation, rather than waiting to see if our new President will be able to affect the economy. Good advice is certainly worth repeating, and some of the tips included reviewing your estate plan, paying down credit card debt, evaluate your spending....all of which are also a good idea to do when you are contemplating a divorce.
Yesterday, WTOP news reported that Maryland judges will lose a week of vacation next year to save money in the budget. State budgets are tight everywhere. Recently, the state of New Hampshire suspended jury trials for a month to save money, and in Maryland money for outside attorney referrals for the Public Defender's office was cut for some time. Litigants often find that the court system is clogged, and in family law cases it is not unusual to wait several months for a custody trial. Judges face a delicate balance in making sure that a litigant has fair opportunity to present his or her case, while trying to encourage that the process moves along efficiently. There are also more pro se litigants than ever, who are often not well equipped to present their cases. These are all things to think about as your cases moves through "the system," and being cognizant of the court's concerns can help in presenting your case in the best possible light.
