Child-custody bill: Limit court action while soldier-parents overseas - Pennsylvania

Child-custody bill: Limit court action while soldier-parents overseas

Excerpt:

Pennsylvania soldiers sent into battle overseas would not have to worry about custody battles back home under a bill that cleared the Senate last week and moves to the state House.

Sen. Mike Folmer, R-Lebanon, sponsored the bill that would prevent courts from making permanent changes to custody arrangements involving the children of any serviceman deployed for active duty.

And when a soldier returns home, the bill would prohibit courts from siding against the serviceman on the grounds that his military duties are not in the child's best interest.

Michigan NOW Declares 'Action Alert' Against Shared Parenting Bill

Michigan NOW Declares 'Action Alert' Against Shared Parenting Bill

This is verbatim from an email:

Michigan shared parenting advocates and the Michigan chapter of the National Organization for Women are squaring off over HB 5267, a Michigan shared parenting bill which will be heard by the House Families and Children Services Committee on December 6. Last week NOW issued an "Action Alert" against the bill. Michigan shared parenting groups, including Dads of Michigan, the American Coalition for Fathers & Children's Michigan affiliate, the Family Rights Coalition of Michigan, and others, are rallying support for the bill.

You can access a list of Michigan legislators, their phone numbers and their email addresses by clicking here.

The Case for HB 5267

Michigan NOW makes its case against shared parenting and HB 5267 here.

I laid out the case in favor of HB 5267 and discussed many of NOW's criticisms in my co-authored column HB 5267 Will Help Michigan's Children of Divorce (Lansing State Journal, 5/28/06). Mike McCormick, Executive Director of the American Coalition for Fathers & Children, and I wrote:

"HB 5267 is primarily sponsored by Rep. Leslie Mortimer (R-Horton), who has been joined by 10 other legislators. When parents cannot agree on custody arrangements, the bill instructs courts to order joint custody unless there is clear and convincing evidence that one of the parents is unfit, unwilling, or unable to care for his or her child. A mediator will then help the parents draft a shared parenting plan based on each parent having substantially equal time with their children. The principle behind the bill is difficult to dispute--as long as both parents are fit and there are no extenuating circumstances, they should both share in parenting their children...

"NOW claims that HB 5267 'places the interests of parents over the child's interests.' Yet when researchers have examined children of divorce, and studied and queried adult children of divorce, they've found that most prefer joint custody and shared parenting.

"For example, a study by psychologist Joan Kelly, published in the Family and Conciliation Courts Review, found that children of divorce 'express higher levels of satisfaction with joint physical custody than with sole custody arrangements,' and cite the 'benefit of remaining close to both parents' as an important factor.

"When Arizona State University psychology professor William Fabricius conducted a study of college students who had experienced their parents' divorces while they were children, he found that over two-thirds believed that 'living equal amounts of time with each parent is the best arrangement for children.' His findings were published in Family Relations in 2003.

"Under current law, judges decide custody cases based on the 12 factors delineated in Michigan's Best Interest of the Child Test. Both the Michigan Bar and Michigan NOW assure us that this system is effective and should not be changed. However, the 12 factors fail to place sufficient emphasis on protecting children's relationships with both parents. According to the Michigan Family Independence Agency, the most common parenting time schedule in Michigan allows children only 15% physical time with their noncustodial parents.

"Moreover, the custody decisions based on the factors are often subjective and arbitrary. Under HB 5267 a court cannot deny requests for joint custody without stating its reasons on the record.

"Michigan NOW also asserts that HB 5267 will 'further impoverish children of separated or divorced parents' because in Michigan, as in most states, the amount of physical time divorced parents spend with their children and the concomitant expenses are calculated into the child support obligation. These fears are also unwarranted.

"Research demonstrates that joint custody leads to higher rates of child support compliance. This isn't surprising, since parents who are permitted little role in their children's lives have less motivation to make sacrifices for them. Also, under the current system noncustodial parents are often forced to wage expensive court battles in order to protect their time and relationships with their children. These parents end up supporting lawyers instead of kids.

"While Michigan NOW is correct that there are fathers who put their pocketbooks above their children's best interests, they ignore the obvious converse. If a dad may seek 40 or 50% physical time with his children simply to lower his child support obligation, doesn't it also hold that a mother may seek 85% physical time in order to increase it?

"Both Domestic Violence Escape and NOW claim that the bill will put abused women in harm's way. According to DOVE, HB 5267 'sends a clear message to battered women and children that the 'rights' of a batterer take precedence over their safety and wellbeing.' Yet under HB 5267 only fit parents are eligible for joint custody--battered mothers should and would receive sole custody.

"Unfortunately, NOW, DOVE and other misguided women's advocates seem capable of recognizing only two types of divorces--ones where both spouses agree on a custody arrangement, and divorces involving domestic violence. However, the overwhelming majority of breakups fit neither profile. Instead, decent, fit parents often cannot agree on custody. In such cases, HB 5267 will ensure that children won't see one of the two people they love the most pushed to the margins of their lives."

You can access more information about HB5267 on Family Rights Coalition of Michigan site.

IowaFathers.com works to Oust Judge Pelton

IowaFathers.com is encouraging residents of District 7 in Iowa (Cedar, Clinton , Jackson , Muscatine , and Scott Counties) to vote no to Judge Pelton on November 7th.

An article about their efforts can be seen here: Group works to oust judge

This is all verbatim from email:

The Quad Cities Times article did not report that Judge Pelton is asking voters of District 7 to give him a six (6) year, guaranteed salary of $875,000 without stating where he stands on the issue of joint physical care. The article failed to mention that Judge Pelton refused to respond to a survey requesting information from him about joint physical care and child custody arrangements. The article failed to state that Judge Pelton received the lowest ratings in his district and ranked second lowest in the state by the Iowa Bar Association in their 2006 Plebiscite. Many other issues were not touched in the article.

When Judge Pelton restricts access of children to good loving qualified parents, without meeting any compelling state interest, he is acting as an activist judge, trampling on constitutional rights, and no longer are citizens of Iowa going to tolerate such judicial activism.

On November 7, 2006, please encourage all friends and family members residing in Cedar, Clinton , Jackson , Muscatine , and Scott Counties to Vote NO for Judge Charles Pelton.

New Link - The Online Lawyer

Stop by and visit The Online Lawyer. The site includes all kind of general legal information including info on divorce and custody.

Clinic to offer free legal help, guidance - Washington County, Ohio

Clinic to offer free legal help, guidance

Washington County residents who have legal questions, but who cannot afford to hire an attorney, now have another resource available for legal help and guidance.

Members of the Washington County Bar Association and Southeast Ohio Legal Services are joining forces to offer a free legal advice clinic, starting this Wednesday.

A family of four can earn up to $3,900 monthly and still qualify for the free clinic, Bozian said.

Local, private attorneys will be available to discuss legal issues in confidence with residents from 6 to 9 p.m. Wednesday at St. Luke's Episcopal Church, 320 Second St. Bozian said the goal is to hold the clinic at the same time and location on the third Wednesday of each month.

Sharon Wolboldt, paralegal with Southeastern Ohio Legal Services, said legal advice will be available on a wide array of topics, including landlord/tenant disputes, divorce, custody issues, financial matters, Social Security disability and property loss.

2 Valley events to offer free legal assistance, consultations - AZ

2 Valley events to offer free legal assistance, consultations

Excerpts:

Valley attorneys will offer free consultations and advice at two events as part of an annual effort to better connect the legal profession and the community.

Attorneys will address a range of issues, including business, immigration, bankruptcy, child custody, construction defects and landlord-tenant issues. Participants can either meet in person with an attorney or phone in questions during the Law Week 2006 events, hosted by the Maricopa County Bar Association.

The first event, the Ask-a-Lawyer Fair, is from 9 a.m. to 3 p.m. Saturday at Lamson College, 1126 N. Scottsdale Road, Tempe. Participants should come prepared with questions and documents to privately consult with attorneys. Typically, the meetings are limited to 15 minutes.

Attendees are encouraged to donate non-perishable food for the Desert Mission Food Bank in Phoenix, run by the John C. Lincoln Health Network.

From 6 to 9 p.m. May 2, residents can call for legal help at the Phone-A-Lawyer event at Channel 8 (KAET). The phone number, (480) 965-1998, will run across the bottom of the television screen during the event.

Spanish-speaking attorneys will be available at both events.

Going Pro Se - Uncontested Divorce in CA

On Uncontested Case for Divorce - Part 1

By: Atty. TONISITO M.C. UMALI

THIS primer can help you get a divorce (also called "dissolution of marriage"). This article assumes that the divorce will be uncontested and that both parties live in the State of California.

Excerpts:

What are the forms I need to start my case?

You need to complete and file 2 forms to start your case (3 forms if you have children). In some cases (or in some counties, there are more forms). The two California Judicial Council and the Administrative Office of the Courts forms (“forms” for brevity) you need are the following: 1) Petition-Marriage (Family Law); and Summons (Family Law).If you have children under the age of 18 with your spouse, complete also Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

If you need more space on your petition to enumerate your property and debts, you may use the Property Declaration (Family Law) form.

After completing these forms, make at least 3 copies of each form. One copy will be served on your spouse while the 2 copies are for your records.

Arizona Divorce, Custody & Support Info

Arizona Constitution

Arizona Revised Statutes Title 8 - Children Title 25 - Marital and Domestic Relations

Arizona Child Support Guidelines and Calculator

Arizona Self Service Legal Forms

AZLawHelp.org

Arizona Legal Services Resources

FAMILY COURT WEB SITE

ARIZONA FATHERS' RIGHTS

Alaska Divorce, Custody & Support Info

The Alaska Legislature

The Alaska Constitution

Alaska Family Law Self-Help Center

Filing for Dissolution, Divorce or Custody

Alaska Civil Rule 90.3 (Child Support Awards)

Alaska Child Support Calculator

Alaska Legal Services Corporation (Help resolve serious legal problems of low-income Alaskans)

Alabama Divorce, Custody & Support Info

The Alabama Code and Constitution can be viewed here.

Title 30 (Marital and Domestic Relations) can be viewed here.

Alabama Child Support Guidelines

Alabama Child Support Calculator

Alabama Coalition for Fathers and Children(ALCFC)

Alabama Family Rights Association (ALFRA)

Alabama Legal Services Programs

THE ALABAMA LEGISLATURE

Family law workshop - Albuquerque, NM

Family law workshop: "Divorce, Custody, and Child Support":
6 p.m. TVI South Valley Campus multi-purpose room, 5816 Isleta Blvd. S.W.
Presentation by lawyer Thomas Mucci, followed by a question-and-answer period.
Free. 797-6048.

Child Support Calculators

SupportGuidelines.com maintains a fairly complete list of state specific child support calculators.

Other sites with calculators include alllaw.com and divorcelawinfo.com.

Societal Shift in Role of Fathers

Societal Shift in Role of Fathers

This is the latest article from Wendy McElroy.

Excerpts:

On March 28, the New York State Assembly's Children & Families Committee is scheduled to hear Bill A330 on shared parenting. The bill seeks to establish "the presumption in matrimonial proceedings for awarding shared parenting of minor children in the absence of an allegation that shared parenting would be detrimental to the best interests of the child."

In short, a parent seeking sole custody (most commonly the mother) would assume the legal burden of proving why a shared arrangement would harm the child.

Father's rights advocates view New York as "a battleground state" not only because of the influence its policies exert but also because New York is one of the few states to resist a national trend toward statutes favoring joint custody.

Because A330 is vehemently opposed by mainstream feminist organizations like the New York Chapter of the National Organization for Women, the bill's hearing may become raucous. But, given that almost three dozen State Assembly members have endorsed the bill as sponsors or co-sponsors, A330 stands a good chance of passing.

Lawdragon Web site will lift veil on judges

Lawdragon Web site will lift veil on judges

Excerpts:

The "secret society" of U.S. judges is about to be invaded by a Web site that lets people who have appeared before them rate judges in the first such public forum.

Lawdragon set out last summer to become the first Web site to allow legal professionals and clients to evaluate the nation's 1.1 million lawyers and judges.

Next week, http://lawdragon.com begins posting thousands of evaluations of judges and lawyers submitted by colleagues, clients and legal watchdogs -- a sort of Amazon.com of legal professionals.

Lawdragon.com now receives about 100 evaluations per day and last week scored 400,000 hits for its legal news content and lawyer directory.

The site also plans to offer a comparison of attorneys fees.

"This is a legal community online where you can have your voice heard," Dewey said. "At Lawdragon, they will be able to find the best lawyer, the cheapest one or somebody that can see them right away."

New Site Addition - Real Family Law

Lisa Scott's Real Family Law site has been added has been added to the links section. From the site:

Lisa Scott is a family law attorney based in Bellevue, Washington. Tired of having her stuff rejected by elitist bar publications and politically-correct newspapers, she decided to start her own website. Co-founder of TABS: Taking Action Against Bias in the System, she has been fighting for equal justice and gender equality in the family courts for years. Lisa hopes you enjoy the humor, satire, absurdity, and occasional seriousness contained on this site. And be sure to give us your contributions on the Blog.

Legal line offers free advice Tuesday - Indiana

Legal line offers free advice Tuesday

INDIANAPOLIS -- Free legal assistance is available by calling Legal Line, sponsored by the Indianapolis Bar Association (IBA), 6-8 p.m. Tuesday.

Call (317) 269-2000 to speak with a qualified attorney who will answer questions and give advice on legal matters on a variety of topics including divorce, child custody, child support, landlord/tenant issues, bankruptcy, personal injury, employment law and more.

Callers with more complex legal issues should call IBA's Lawyer Referral Service, (317) 269-2222, 8:30 a.m.-4:30 p.m. Monday-Friday.

Virginia Support Groups

Fathers United for Equal Rights -- Information about divorce, custody and support proceedings. 559-7090.

Kid Care -- Resource and referral service for parents looking for child care in the Richmond and Tri-Cities area. Training and resources for child-care providers. 282-5993.

Virginia Lawyer Referral Service Monday-Friday, 8:45 a.m.-4:15 p.m. (800) 552-7977.

Commission aims to make courts more user friendly - NH

Commission aims to make courts more user friendly

Excerpts:

A commission charged with making the state court system more affordable and easier to use may recommend that the state develop classes, how-to kits, and a Web site that would help people represent themselves in court without a lawyer.

With nearly 70 percent of Granite Staters already representing themselves in divorce or child-custody cases, providing more aid to those who try to avoid hiring a lawyer promises to be one of the largest challenges for the New Hampshire Citizens Commission on the State Courts.

Indiana Senate Bill 40

Usually I don't blog from home but I wanted to get this up. This is copied verbatim from an email.

Dear Friends of Indiana Families:

Senate Bill 40 increases the requirements on a person who has court-ordered parenting time (including grandparent visitation) and intends to move.

Bill information can be found here.

The bill has been referred to the Senate Judiciary Committee for a hearing on Wednesday, 1/11/2006 at 9am in room 233 of the Statehouse. It has the backing of the Indiana Child Custody and Support Advisory Committee (a committee of the General Assembly), the Domestic Relations Committee of Indiana Judicial Administration (the "guidelines" folks), the Family Law Section of the Ind State Bar Association, Children's Rights Council, Parent's and Children's Equality of Indiana and a lot of parents!

In spite of that, I'll tell you that this is the Committee where most family law legislation dies. If you can come to the committee hearing, please do so and let them know of your support by your presence, if not your testimony on its behalf.

Judge Spencer announces visitation schedule revision - Ohio

Judge Spencer announces visitation schedule revision

Excerpts:

Judge Brett M. Spencer of the Adams County Court of Common Pleas has announced the adoption of a revised Court Rule 16 as it pertains to the visitation schedule with minor children. This revision will replace the previous visitation schedule, and went into effect on Jan. 3 in both domestic and juvenile cases where visitation is an issue.

At the request of Judge Spencer, the Adams County Bar Association formed a committee to review the current visitation schedule and those of surrounding counties. Led by Adams County Bar Association's President Douglas McIlwain, the committee sought to bring the visitation schedule in line with neighboring counties, which have recently increased the amount of time a child spends with the non-custodial parent. Studies have shown that a child's best interest is served by having significant, positive contact with both parents. Towards this end, the revised rule will expand non-custodial parenting time. Copies of this new rule are available from the Clerk of the Adams County Common Pleas Court.

In addition to the revised Rule 16, Judge Spencer has mandated in all new divorce and/or dissolution filings, where minor children are involved, both parents must attend a seminar on custody and parenting issues. The seminar will also be mandatory in all post-decree motions for change of custody and/or visitation, and in juvenile cases wherein custody and/or visitation are an issue.

Bar Association President Douglas Mcllwain, states the revised visitation rule 16 is prospective only, and anyone whose visitation falls under the previous Court Rule 16 will be required to apply to the appropriate division of the court, domestic or juvenile, in order to benefit from the new rule.