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Family News & Views 2006 |
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Family News & Views 2006 |
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AFRA Newshawk
Group
See AFRA News
We are interested in recent articles you see in newspapers or online sites related to CPS, Family Rights, Kids, Education, corrupt judges, lawyers, CPS people, psychiatrists, bureaucrats. . . . You can see what we're looking for by the kind of stories we link. See AFRA News December 2006 Domestic Violence Rates Down Sharply
12-28-06 -- (AP) - WASHINGTON-Domestic violence rates fell sharply between 1993 and 2004, the Justice Department said Thursday, while noting that American Indian women and native Alaskan women are far more likely to be victimized than whites and other minorities .. . . The Bureau of Justice Statistics said "intimate partner violence" rates fell by more than 50 percent, a decline that some domestic violence experts attributed to increased training and awareness among law enforcement officials. . . . "For the first time, there are entire domestic violence units in law enforcement," said Lonna Stevens, director of the Sheila Wellstone Institute, a Minnesota-based domestic violence organization. "We've had protocols and policies developed for responding to this." . . . In 1993, there were about 5.8 incidents of nonfatal violence for every 1,000 U.S. residents above the age of 12. By 2004, that number had fallen to 2.6, the agency said. Homicides fell by about 30 percent, from 2,269 in 1993 to 1,544 in 2004. . . . The Justice Department defines intimate partner violence as violence by a current or former spouse, boyfriend or girlfriend or a same-sex partner.
Ruling: Constitution requires Massachusetts marriage vote Court says legislators must decide on one-man-one-woman definition
12-28-06 -- The Supreme Judicial Court of Massachusetts has ruled that it is unconstitutional for state lawmakers to refuse to vote on an initiative that calls for marriage to be limited to one man and one woman in that state. . . . The ruling could not have been better for advocates of traditional, biblically-based marriage, Brian W. Raum, the senior legal counsel for the the Alliance Defense Fund told WND. . . . "The plaintiff in that case had asked the court to issue a declaratory judgment and a writ of mandamus. The court (said it) didn't have the authority to force the legislature to vote, but it issued a lengthy opinion which established … that the legislature has a constitutional duty to vote," he said. . . . At issue is an initiative in Massachusetts signed by 170,000 people seeking to have a question placed on the 2008 ballot that would allow voters to decide how marriage should be defined. Massachusetts currently "authorizes" same-sex couples to be married based on an opinion from the state court system, and rules that have been implemented by officials in the state. . . . The initiative, organized by VoteOnMarriage.org, was presented to the legislature since by Massachusetts' Constitution, lawmakers must vote on any initiative presented to them.
New Jersey Legislature Adopts Civil Unions
12-14-06 -- Lawmakers, under court order, give marriage-like benefits to same-sex couples. . . . Pro-family groups are angered -- and saddened -- that both houses of the New Jersey Legislature passed a measure Thursday granting same-sex couples the right to civil unions. . . . The legislation came in response to a New Jersey Supreme Court ruling last month that determined the state either must allow same-sex couples to marry or create civil unions that provide the same legal rights and benefits. . . . The tally in the Assembly was 56-19; in the Senate, 23-12 with five abstaining. Len Deo, president of the New Jersey Family Policy Council (NJFPC), said the vote was primarily along party lines. . . . "They have basically voted against defining marriage as a man and a woman," he told CitizenLink. . . . Lawmakers actually shut down the voice of those who stand for marriage, Deo said. . . . "We had almost three-dozen pastors who were cut off from providing testimony," he said. "They weren't allowed to speak by the Senate Judiciary Chairman. He let the pastors that were advocates for same-sex marriage speak then just cut the debate off." . . . Gov. Jon Corzine is expected to sign the bill. The Silence of the Wedding Bells
12-14-06 -- Am I the only one who is worried about the collapse of the traditional American family right before our very eyes? . . . Census Bureau bureaucrats are not in the habit of making apocalyptic pronouncements, but last year Mark Mather reported that the “dramatic decline” in the married population is “one of the biggest demographic stories of the past several decades.” Now, married couples now account for a minority – 49.7% to be exact – of all U.S. households. . . . The cause of this extraordinary demographic shift is two-fold. First, Americans are getting married only half as often as we used to. Second since 1960, the share of divorced Americans rose from 2% to 10%. . . . African-American communities have been especially hard-hit. In 1960 four-fifths of all Black families had fathers and mothers at home. Three decades later, that number had plummeted to 38%. . . . As a result of the decline of marriage, illegitimacy is on the upswing. Just last week the National Center for Health Statistics announced that almost four in 10 babies were born out-of-wedlock in 2005. Retirement and Divorce Can Be Very Expensive
12-13-06 -- If you are involved in a divorce, spell out what portion of your retirement pay your ex-spouse will receive, and the Office of Personnel Management calculates the amount it will send to the ex-spouse, that’s not the end of it, as one retired fed found out. (Straiton v. Office of Personnel Management, C.A.F.C. No. 06-3325 (nonprecedential), 12/8/06) . . . John Straiton, a federal employee with NASA at the Kennedy Space Center, was divorced from his wife of 16+ years and the legal paperwork spelled out how his eventual annuity was to be divided between them. More than 13 years later, John retired and OPM made a calculation to determine how to divide up his annuity between John and his ex-wife. The calculation was based on a hypothetical amount, which was, when the divorce occurred, what John expected eventually to receive as an annuity once he retired. . . . More than three years after his retirement, OPM reconsidered its interpretation of the divorce decree and concluded that the portion to go to the ex-wife should be more since it should be based on what John’s actual annuity was rather than the hypothetical amount (which was lower).
Marriage case heard by Maryland high court
12-7-06 -- There were almost no questions from the bench Monday, December 4, as the supreme court of Maryland heard oral arguments in a case seeking equal rights in marriage licensing. That's a bit unusual and, given that a lower court had ruled in favor of same-sex marriage, it could be taken as a signal that high court took the appeal just to reverse it. . . . But Dan Furmansky, executive director of the statewide gay group Equality Maryland, is not such a pessimist. He points out that Monday morning's argument in Frank Conaway et al. v. Gitanjali Deane was also the Maryland Court of Appeals' (the state's highest court) very first live webcast of an argument. . . . "That could have had an effect on their demeanor," said Furmansky. "I don't take it as a negative sign that they were not chock full of questions." . . . Certainly it could be seen as a positive thing that plaintiffs Gita Deane and the 17 other plaintiffs represented by the American Civil Liberties Union, won at the Baltimore Circuit Court level against the city clerks, including Baltimore City clerk Frank Conaway, who refused them marriage licenses. Circuit Court Judge M. Brooke Murdock ruled last January that the state law's prohibition of same-sex marriage licensing violates the state constitution's prohibition of discrimination on sex. . . . And certainly it could be seen as a positive that six of the seven judges are appointees of a pro-gay Democratic governor.
SJC rules on parental rights of lesbians Woman is faulted for not adopting
12-11-06 -- The state's highest court ruled yesterday against a lesbian who sought to establish parental rights to the 5-year-old biological child of her former partner, because she did not adopt the child during the 18 months they were together after the infant's birth. . . . The case reflects the Supreme Judicial Court's view that same-sex couples who fall out of love while raising children must abide by the same legal rules as any other dissolving couples: What counts in the court system are birth certificates, marriage licenses, adoption papers, or proof that you share equally in the nurturing of the youngsters. . . . In a complex legal case that stretched over three years, a lesbian from Middlesex County put forward some novel legal theories to establish her parental role. She said she deserved to be a legal parent because she and her former partner had effectively formed an agreement to raise a child together. She also argued she should be, at least, a de facto parent with visitation rights, because what she lacked in time with the child she gave in money as the primary breadwinner.
Domestic-assault case tests effects of ’04 marriage law
12-13-06 -- When Ohioans voted two years ago to outlaw same-sex marriages, they also might have stripped away defenses for unmarried partners in abusive relationships, domestic-violence attorneys will argue today in a case before the state Supreme Court. . . . The state’s 2004 Marriage Protection Act seems to limit domestic-violence laws to married couples, the attorneys say. . . . "It would be a disaster for a large number of couples, both gay and straight," said Michael R. Smalz, attorney for domestic-violence groups that have filed friend-of-the-court briefs with the Supreme Court. "Certainly a large number of people who are gay and straight will be denied the protections of domestic-violence law, both civil and criminal." . . . Smalz said a third to a half of all domestic-violence victims are not married to their abuser. . . . The case before the state’s highest court began as a felo- ny domestic-violence charge in February 2005 against a Warren County man for possibly assaulting his live-in girlfriend.
November 2006
NY Partner With Slipping Practice Denied Revaluation in Divorce
11-30-06 -- The valuation in a divorce case of a lawyer's partnership interest in his firm should not be revised to account for a practice-altering change in the law or the departure from the firm of a major client, a Long Island judge has ruled. . . . The partnership interest of the lawyer, whose name was redacted from the decision but who was identified elsewhere in court records as Allan B. Mendelsohn of Zavatsky, Mendelsohn, Gross, Savino & Levy, had been valued by a court-appointed expert at $195,000, as of Dec. 31, 2002, and $273,000 as of Dec. 31, 2003. . . . Those valuation dates were near the May 2003 date when Mr. Mendelsohn's wife, Nancy, filed for divorce. But Mr. Mendelsohn had asked Nassau County Supreme Court Justice Anthony J. Falanga to instead tie the valuation to start of trial on August 9, 2006. U.N. Rejects Report On Violence Against Women
11-30-06 -- Hot off the presses: On Wednesday, the United Nations decided to “note”, but not to “acknowledge” the dangerous Secretary-General’s report on Violence Against Women assembled under the corrupt administration of Kofi Annan. This means that the report will probably not be acted upon. . . . It appears this took place because of tremendous pressure placed on the United Nations by RADAR and its hundreds of affiliates and co-signatories. . . . This is a major gain for reformers working diligently to replace senselessly-destructive feminist social frameworks with truly beneficial pro-family solutions. It is also a step forward in achieving a major goal: ending terrorism by world feminists. Radical feminism has been a focal point of the bitter major cultural disagreement between Muslims and the West in recent years. . . . America must now adopt moderate approaches to gender with respect to social power, law, divorce, and family policy if it wishes to reduce stark cultural tensions that have culminated in radical Muslim attacks on the West. Feminist policies must be ended. Marriage must be restored as the social norm, for this is the only arrangement assuring equal social rights and power sharing between men and women. . . . This event now points directly to the outrageousness of the Violence Against Women Act (VAWA), which was strongly supported by past Democrat and Republican-dominated congresses and presidents.
Making A Difference - One Billboard At A Time
So, what would drive second wife Shelly Barreras to spend half of her 2006 Thanksgiving Day perched atop a billboard 50 feet above the ground in Albuquerque, New Mexico? . . . The facts are not in dispute. Essentially, first wife Viola Trevino gave new meaning to Paternity Fraud when she created a “virtual daughter” based on a DNA sample from her ex-husband’s adult daughter. With the help of accomplices, she created a Child that Never Existed but that came complete with a Birth Certificate, a Social Security Card, a Medicare Card, and a judicial claim for child support that reached the sum of $20,000. . . . Never mind that ex-husband Steve Barreras had a vasectomy a year prior to the alleged “birth” which left him with a zero sperm count. Barreras made multiple attempts to set the record straight with the New Mexico Department of Human Services, without success. With their “business as usual” attitude, the ever-willing Child Support Enforcement Division went after Barreras and collected and collected and collected. Finally, it took court action forced by media exposure to get Governor Bill Richardson to demand an investigation into how his state agency not only collaborated in the fraud but resisted attempts to expose it. . . . The immediate problem leading to a Thanksgiving Day for Shelly Barreras atop an Albuquerque billboard is that Governor Bill Richardson’s alleged pledge to return the fraudulently obtained child support funds never materialized.
Maryland Court of Special Appeals Decimates Fundamental and Constitutional Parental Rights
11-06-06 -- The Maryland Court of Special Appeals at first blush appears to have upheld the fundamental rights of parents, secured by the First and Fourteenth Amendments, by holding that a third party non-marital partner cannot be awarded physical custody of a minor child absent some unfitness of the natural or adoptive parent. Janice M. v. Margaret K., 2006 WL 3114248 (Md. Ct. Spec. App. Nov. 3, 2006). In reality what appeared to be upheld with the right hand was dealt a devastating blow with the left hand by allowing third party visitation against the will of a fit parent. Essentially the court has determined that the fundamental rights of a parent extend only to the retention of physical custody of one's child, but not to the right to determine the child's associations (i.e. third party visitation). What right could be more central to the ability to raise one's child than the right to control the child's associations under the First and Fourteenth Amendments? . . . Historically, several United States Supreme Court precedents have upheld the fundamental right of a legal parent to determine school choices, religion, associations, and grandparent visitation. (e.g. Pierce v. Society of Sisters, Wisconsin v. Yoder, and Troxel v. Granville). Based upon these precedents and others, state courts have determined that a third party, had to show parental unfitness to overcome the presumption that a parent's determination of what is best for his or her child could not be second-guessed by the courts, the state, or any third party.
A Case for Strengthening Marriage
For the first time in history, less than half of U.S. households are headed by married couples. And on Sept. 29, the Centers for Disease Control and Prevention released data showing that almost 36 percent of all births are the result of unmarried childbearing, the highest percentage ever recorded. . . . In family law, as in the rest of American society, there is an intensifying debate about how we should respond to this kind of news. Should law and society actively seek new ways to support marriage? Or should family law strive to be marriage-neutral by providing more rights and benefits to its alternatives, such as cohabitation and single parenthood? . . . Some family law experts argue that our most pressing need is to find ways to equally support a wide variety of family forms. For example, the respected American Law Institute, an organization of judges, lawyers and legal scholars that periodically drafts model laws and other proposals for legal reform, has proposed a new set of laws that promotes this "family diversity model." In "Principles of the Law of Family Dissolution," some ALI scholars argue that family law should focus less on trying to channel people into marriage and more on being "fair" to people in different relationships -- in other words, that it should take families as it finds them.
Why are we paying for Planned
Parenthood? October 2006 NEW JERSEY How justices on N.J. Supreme Court voted on gay marriage
10-25-06 --A summary of how the justices of the New
Jersey Supreme Court decided the gay marriage case. Under New Jersey
tradition, no party has more than four members on the court. . . . In a
4-3 ruling, the court modified and affirmed an appellate court ruling,
determining that same-sex couples have the same rights as heterosexuals,
but sent the question of gay marriage to the Legislature. DISSENTERS: Chief Justice Deborah Poritz, a Republican, appointed by former Gov. Christie Whitman, a Republican. / Justice Virginia Long, a Democrat, appointed by former Gov. Christie Whitman, a Republican. / Justice James R. Zazzali, a Democrat, appointed by then-Gov. Christie Whitman, a Republican. / In her separate opinion, joined by Long and Zazzali, Poritz concurred with the majority that denying rights to homosexual couples violates the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution. / She dissented from the majority's distinguishing those rights and benefits from the right to the title of marriage. She also dissented from the majority's conclusion that there is no fundamental due process right to same-sex marriage in the "liberty" guaranteed by Article I, Paragraph 1.
N.J. Supreme
Court ruling:
TEXAS Texas Attorney General Announces Child Support Debit Cards 10-25-06 --Texas Attorney General Greg Abbott introduced the Texas Debit Card that gives parents in the Dallas/Fort Worth Metroplex a new way to receive child support. The Texas Debit Card can be used for purchases at grocery stores and other merchant locations worldwide that take VISA debit cards. The card is safer and more convenient than using cash or checks. Parents do not need a bank account to get this card. . . . "The Texas Debit Card makes life easier for parents who receive child support because there is no worry about lost or stolen checks or wondering if a deposit has cleared," Abbott said. "The card is another example of my commitment to quality customer service and making sure child support payments reach families as quickly as possible." VIRGINIA 10-25-06 --Virginia has an amendment to its Constitution on the ballot this November. It's a little institutional concrete to shore the riprap before the next big storm of Judicial Tyranny. The arguments for marriage may be illustrative for folks in other states who need the same protection for a fundamental institution. . . . The Marriage Amendment on the Virginia ballot asks: Shall Article I (the Bill of Rights) of the Constitution of Virginia be amended to state: "That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."
NEW YORK 'DeSilva v. DeSilva': Consideration of Fault
10-21-06 -- Domestic Relations Law (DRL) §236 was amended, effective July 16, 1980, to add as Part "B" the availability of multiple financial relief including equitable distribution. Left in place as Part "A" of the statute were the provisions for "alimony" (termed "maintenance" for the first time in Part "B") for all actions begun before the effective date of the amendment. . . . Under Part "A" alimony had been statutorily barred for a spouse found guilty of fault. While buried in the text, here is the language which led to that result: . . . Such direction may be made notwithstanding that the court refuses to grant the relief requested by either spouse . . . (2) by reason of the misconduct of the other spouse, unless such misconduct would itself constitute grounds for separation or divorce, . . . In plain English, this meant that, under Part "A," a spouse could not receive alimony as a matter of law, if found guilty of fault sufficient to constitute grounds for separation or divorce (whether or not a separation or divorce were being sought on those grounds). . . . Upon the enactment of Part "B," which did not contain this language, the question immediately arose: what effect, if any, would fault have upon the awarding of equitable distribution and maintenance? As to child support, the statute explicitly barred consideration of fault in fixing child support: "The court shall not consider the misconduct of either party." (DRL §236(B)(7)). TENNESSEE Tamara Ford claims she is a victim of the judicial system 10-21-06 -- "I will expose these judges that don't know (expletive)." . . . Tamara Mitchell Ford says she is a victim of a corrupt judicial system. . . . Ford continues, "Every time I drive down the street, I'm arrested...You can't arrest me no more cause I don't have a car." . . . The ex wife of former state senator John Ford says child support payments for the couple's four children weren't spelled at they time they divorced. . . . Mitchell Ford's case was transferred to juvenile court but earlier this month, it was rescheduled for late January. . . . "I'm losing my house because the judicial system has said he is not going to be held accountable," continues Ford. . . . Meanwhile, Mitchell Ford wants to know why a judge IS considering a child support request from Dana Smith, Ford's former mistress. Gadgetry Makes Marital Spying Easier, but Creates Tricky Legal Issues Nanny cams and spyware heat up divorce proceedings
10-18-06 -- While marital spying could land a spouse in hot water, it's also putting attorneys in some sticky situations. . . . Divorce lawyers say they are treading very carefully as to how they handle feuding spouses who spy on each other, noting that a growing number of clients are using controversial -- and sometimes illegal -- methods. Given the technological boom, they note, husbands and wives have taken spying to a new level, using gadgets like nanny cams and spyware. . . . "We are finding ourselves in situations where we're viewing this material as contraband. We don't want it in the office," said Atlanta divorce attorney John Mayoue, who in the last year has handled about 100 divorce cases involving marital spying. "Today there are a lot of devices that allow people to engage in self-help spying, which is really brand new to us." . . . The subject of marital spying grabbed national headlines last month in New York, where federal prosecutors announced they were investigating whether Jeanine F. Pirro, the Republican candidate for state attorney general, illegally wiretapped her husband to find out if he was having an affair. Pirro conceded that she had her husband followed, but denied using wiretapping, or any other illegal means, to spy on him. Married Couples No Longer Majority
10-18-06 -- If you're married, you're officially outnumbered. . . . For the first time in U.S. history, married couples have slipped into a minority, according to an analysis of new census figures by the New York Times. . . . The American Community Survey, released this month by the Census Bureau, found that 49.7 percent, or 55.2 million, of the nation's 111.1 million households in 2005 were made up of married couples — with and without children — just shy of a majority and down from more than 52 percent five years earlier, the Times reports. . . . A closer look at the numbers shows that marriage is far from dead. In fact, the total number of married couples is higher than ever, and most Americans eventually marry. But the new figures are a reflection of the realities that more adults are spending more of their lives single, living unmarried with partners, or outliving their spouses.
ALABAMA Court of Appeal: Divorce Attorneys May Collect Interest on Fee Award, Even if Client Objects
10-18-06 -- Family law attorneys whose collection of fees from the opposing party was delayed by an objection from their ex-client are entitled to interest on the award, the Court of Appeal for this district ruled Friday. . . . Div. Three reversed Los Angeles Superior Court Judge Richard E. Denner’s order quashing a writ of execution in favor of Freid & Goldsman, in which the Century City firm sought to recover post-judgment interest on attorney fees awarded against their former client’s ex-spouse. . . . The firm had represented Jude Green in dissolution proceedings beginning in 2000. In October 2003, after the court entered a status judgment of dissolution and Green’s ex-husband subsequently died, Green and the trustee of her late ex-husband’s living trust signed a marital settlement agreement. . . . The agreement required the trust to pay, as the trustor’s contributive share of Green’s attorney fees, $850,000 to Freid & Goldsman. / Trustee’s Actions . . . In December 2003, Green replaced the firm with Westwood attorney Martin S. Friedlander as her attorney of record and then sought to set aside the settlement agreement as unenforceable. CALIFORNIA Subject: New case law on visitation in California In re Hunter S. 9/18/06 CA2/8 10-18-06 -- The juvenile court cannot impermissibly delegate to the child’s therapist, DCFS or any third person, unlimited discretion to determine whether visitation is to occur. (In re Donnovan J. (1997) 58 Cal.App.4th 1474, 1476-1478.) In no case, may a child be allowed to control whether visitation occurs. (In re S.H., supra, 111 Cal.App.4th at pp. 317-318; In re Julie M., supra, 69 Cal.App.4th at p. 48.) . . . Charmaine consistently raised the issue of the juvenile court’s failure to enforce its visitation order for over two years. Through her attorney and her own letters, she complained to DCFS and the court itself, but received no assistance in response. While the original visitation order was never changed, neither was it enforced. At one hearing the court stated that, although “from a legal standpoint” it had made a visitation order, from a “practical standpoint” it did not believe it had the power or duty to ensure visits actually took place. Instead, the court impermissibly abdicated its duty, delegating to Hunter’s therapist and to Hunter the power to decide whether, when and how the case would “move forward” with visitation. (See In re Julie M., supra, 69 Cal.App.4th at p. 51 [The “ultimate supervision and control over this discretion must remain with the court, not . . . therapists, and certainly not with the children”].) The visitation order was never enforced simply because Hunter continued to refuse any contact with his mother. This failure to enforce the order was error. (In re S.H., supra, 111 Cal.App.4th at pp. 318-320; In re Nicholas B. (2001) 88 Cal.App.4th 1126, 1138-1139 [“Visitation may not be dictated solely by the child involved”].) WEST VIRGINIA Family law: ‘Changing the way we think’ Overhaul made in divorce, child custody regulations
10-18-06 -- If you’ve filed for divorce in the last six years and you have children, you’ve noticed some significant changes to West Virginia’s family law system. . . . Senate Bill 2003, approved by the Legislature during a special session in June 1999, started an overhaul of the state’s domestic relations system. The bill made changes in the divorce and child custody laws, changing terminology and adding steps to the process. . . . Marion County Family Court Judge David Born said there are some variations from county to county, but the primary components are the same. For example, required mediation sessions take care of minor issues before the couple goes back to court. Also, divorcing parents are required to attend a three-hour parenting course. . . . “They sound like big changes, but not really,” family law attorney Marci Carroll said. “They’re changing the way we think about things.” NORTH DAKOTA Shared Parenting Helps Women, Too
10-4-06 -- Jane is a successful career woman. She has moved up rapidly in a competitive field, and is advancing her career by attending business school at night. Bob works out of their home and does most of the childcare. If Bob decides he doesn’t want Jane anymore, should he be able to take her kids away and push her to the margins of their lives? . . . The opponents of the North Dakota Shared Parenting Initiative think he should. . . . Under the NDSPI, unless a parent is unfit, both parents in a divorce will have joint legal and physical custody of their children. By contrast, the North Dakota Concerned Citizens for Children's Rights Committee and its allies support the current system of awarding sole custody to the children's primary caregiver--that's Bob--and oppose the NDSPI. They contend that family courts should not require custodial parents to allow noncustodial parents like Jane to spend substantial time with their children after divorce. PENNSYLVANIA Support Order May Require Parochial School Tuition Family Law / Court rejects religious freedom arguments
10-4-06 --A court may order a father to pay for his child's private parochial school education, a Superior Court panel ruled in an opinion that addresses how support should change as children grow. . . . The three-judge panel rejected the father's claim that private education is beyond his family's standard of living and that being forced to support a Roman Catholic School violates his constitutional right of conscience. Gibbons v. Kugle, PICS Case No. 06-1300, (Pa. Super., Sept. 22, 2006) Colville, S.J. (16 pages) . . . Senior Judge Robert E. Colville wrote the opinion, in which judges Michael T. Joyce and Jack A. Panella joined. . . . Jody A. Leighty, Stock & Leader in York, represented the mother of the child for whom the father was ordered to pay tuition. She said the decision provides more guidance on when private school tuition may be awarded. . . . The decision in Gibbons is unique because it addresses the question of when private school is appropriate for a child who had not yet attended school at the time of the parents' divorce, he said. September 2006 LOUISIANA
Louisiana Makes Divorce Harder to Get 9-29-06 -- Last summer Louisiana passed a landmark reform of "No Fault Divorce" that, for the first time in two generations, will make divorce harder to get. . . . Couples with children seeking a divorce in Louisiana after January 1 will have to live apart for a year, and not just six months as the current law allows, if they want a divorce. . . . "The longer period of time makes it more likely they are not going to divorce," explained Rep. Ernie Alexander, the bill's primary sponsor. "We're trying to hold the marriage together for the sake of the children. . . . "We know that in one-parent families, a child is twice as likely to drop out of school, three times as likely to become pregnant as a teenager, six times more likely to be in poverty and 12 times more likely to be incarcerated." He cited a study that the change could cut the divorce rate by 23 percent. . . . That's a reasonable estimate. Maryland has the 8th lowest divorce rate (3.1 divorces a year per 1,000 people), largely because it requires a year of living apart before a divorce can be granted, and two years if the divorce is contested. By contrast, Vermont has the same six-month minimum as Louisiana, and a divorce rate of 3.9 per thousand. AFRA President Achieves International Acceptance! For Distribution To All Groups And Email List... 9-20-06 -- AFRA President and CEO William O. Tower has been appointed to the International Board of Commissioners for The Citizens Commission On Civil Rights... The AFRA BOD wishes to congratulate Mr. Tower on this prestigious appointment... Mr. Towers appointment to this position in the CCHR Hierarchy greatly improves our working relationship with CCHR and our ability to fight for CPS Reform and Family Rights Issues... Mr. Tower will remain as President and CEO of AFRA and do double duty on our behalf as an International Commissioner for CCHR..
Two More State Supreme Courts Uphold Grandparent Visitation Laws
- 9-5-06 -- In 2000, the Supreme Court handed down an important family law opinion, Troxel v. Granville. There, it held the State of Washington state's third-party visitation law unconstitutional as applied to the case before the Court. (I wrote at length about the case in a prior column.) . . . At the time, many predicted the demise of parallel laws in other states. But now, six years later, more state statutes have withstood challenge than have not, and courts are once again facing claims that grandparents have a right to seek visitation with a grandchild, even over the objection of the grandchild's parents. . . . Indeed, recently the highest courts of Pennsylvania and Utah upheld their states' laws with respect to grandparent visitation against a constitutional challenge based on Troxel. . . . In this column, I'll explore why Troxel did not have the effect many predicted, and why the Pennsylvania and Utah courts reached the results that they did.
Have a nice divorce ... and keep the family alive It is possible, says a Seattle attorney, if you stay out of court
9-5-06 --A parent rarely utters the words "happy" and "divorce" in the same breath, but a Seattle lawyer is pushing a new practice to break up marriages without tearing apart families. . . . After spending decades helping parents dissolve their marriages, Carol Bailey thought she could improve the system. In April, she created a practice dedicated to keeping divorces out of court, but not because the twice-married Texan is opposed to the practice. She just thinks it doesn't always belong in a courtroom, where families often break down. .. . The idea isn't new. For years, some divorce lawyers have worked to avoid nasty courts fights and preserve families. Bailey took it a step further by consciously dedicating an entire practice to the approach, highlighting a growing trend among family lawyers to skip litigation and get couples to cooperate. . . . "People think of divorce and imagine 'War of the Roses,' " said Lisa Gilmore, a veteran family lawyer at the Seattle-based law firm Helsell-Fetterman. "I think people don't realize there is an easier way to do it." . . . At the heart of this style and Bailey's Integrative Family Law practice is the belief that, after a marriage dies, the family still lives and that much of what occurs in court weakens the bonds parents need to raise their kids. . . . "It is about a family that is going to be in a huge transition, but it's still going to be a family," Bailey said from her downtown Seattle office. "My whole thing is to ask people, 'What is winning? What does that mean in the divorce?' ". . . Too often married couples lose because matrimony remains the coin toss of American society, with up to 50 percent of couples that tie the knot these days eventually divorcing or separating, according to Rutgers University's National Marriage Project. NEW JERSEY Deadbeat parents facing interest charges
9-2-06 --Being a deadbeat parent is getting more expensive in New Jersey. . . . Parents who owe child support can now expect to pay interest on outstanding balances under an appeals court ruling that was recently upheld. . . . Judge Philip Carchman, acting director of the New Jersey courts, issued the directive last Friday, ordering probation departments throughout the state to start collecting interest on overdue child support. . . . The state Department of Human Services, which oversees the program, had asked for more time to implement a system after an appellate panel initially ordered the state to start collecting interest. . . . The court ruling only requires interest is charged when the entire amount owed is being paid off, and when a parent seeking the money requests such interest be calculated. Interest rates on overdue child support are set annually by the courts. NEW YORK
The Financial Penalty for Spousal Abuse:
UTAH
Grandparent visitation rights upheld The Utah Supreme Court on Friday declared the state's grandparent visitation law constitutional, rejecting a father's argument that the statute interfered with his rights to "manage the care, control and custody" of his daughter. . . . In a unanimous opinion, the high court said the law does not infringe on the liberty interests of Darryl Thurgood, who has battled his former in-laws over their requests to see the girl since his ex-wife died in 2000. The decision enables Darlene and Robert Uzelac to resume regular contact with their granddaughter, now 10, for the first time in six years. You can access the ruling at this link. NORTH DAKOTA
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