Same-Sex "Parenting Time" to be considered in Michigan in the Post-Adoption Context

In an unusual decision by the Michigan Court of Appeals, a lesbian couple who adopted three children in Illinois in 2003, and who are now ending their same-sex relationship, will have the opportunity to present evidence to a family court judge in support of their respective claims for custody and parenting time. The decision is unusual to the extent that the Court of Appeals did not consider the transcript of the arguments made before the lower court because the appellant, representing herself without legal counsel, did not bother to file the transcripts before the appellate court.Michigan does not recognize same-sex marriages nor can a same-sex couple adopt the same child. This case presents a procedural twist where a family court judge will now have to consider the competing claims of each...

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Invoking 100-Mile Rule Could Cost a Parent Custody

A recent Michigan Court of Appeals decision changed physical custody of the parties' minor child from the Mother to the Father when Mother moved from Ludington to Traverse City. Since the move was less than 100-miles, Mother believed that she did not need to seek the permission of the court to "endorse" the move. She was wrong. At the time of the impending move, Father filed a motion to modify his parenting time due to Mother's proposed move. The family court conducted an evidentiary hearing on the parenting time and custody issues because the move would have unavoidably transformed one of the parents into a "weekend parent", and also appeared to affect the "established custodial environment" which the child had in both households.The court of appeals affirmed the family court and Father now...

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Violation of Probation on an MIP Conviction should not result in Jailtime

Recent discussions between criminal defense attorneys comparing notes about district court judges in Oakland and Genesse counties have revealed that many of their MIP clients are subjected to jail sentences when they subsequently plead guilty to a violation of probation. The law prohibits any jail sentence for a minor that pleads guilty to possession of alcohol. In recent years, some district court judges have gotten around this prohibition by citing the defendant on a "contempt of court" charge, a misdemeanor that carries up to 93-days in jail. Other judges have simply ignored the law, tossing the probation violators in jail despite the protestations of their attorneys.As the practice has spread among some judges in both Oakland and Genesse counties, members of the Criminal Defense Association...

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Republican Criminal Defense Attorneys?

Recently, I came across a humorous query posted on the listserv of the State Appellate Defender Office: is it possible for a criminal defense attorney to be a card-carrying Republican? The short answer is: no way. There are, however, some notable exceptions to this general rule.While it is largely frowned upon for a Republican attorney to represent persons charged with crimes, exceptions include the lawyer's friends, white-collar criminals, some misdemeanants (depending largely on the relationship of the defendant to the attorney's law firm), business associates, "golf buddies", and in rare instances, a golf buddy's spouse or kid.An unspoken rule among Republican attorneys is that you should not take more than one criminal client per quarter and fewer than 4 in a fiscal year. If you're unable...

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Study Finds Correlation Between ADHD, Divorce and Alcohol

A recent study referenced in the Washington Post suggests the divorce rate among parents with ADHD children is almost double from the norm. The study also correlates an increase in alcohol consupmtion for the same group.This conclusion will come as no suprise to any parent or professional that has dealt with this disorder. Difficult children, such as those that are hyperactive, inattentive and oppositional, often drive a wedge between their parents; particularly when those children reach the mid-elementary school years.The study, published late last year in the Journal of Consulting and Clinical Psychology, is covered in more detail in the attached article from the Post. Click on the link below:http://www.washingtonpost.com/wp-dyn/content/article/2009/03/02/AR2009030201787.html?sub=...

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Macomb Woman Attempts Divorce from her Grave

In a recent case originating from Macomb County, the Court of Appeals held that a woman scorned by her long-time, but absentee husband, could not effectively divorce him from her grave. In the case, the wife became ill and died of breast cancer after nearly three decades of marriage. Although the long-married couple was estranged at the time of wife’s death, they never filed for divorce or legal separation (known as separate maintenance in Michigan).Because her husband had abandoned her during the 18-months she battled breast cancer, the wife executed a trust and will which left him nothing and appointed her sister as personal representative of her estate. When she died in 2002, the wife had spent years maintaining the “marital home” as well as a vacation property near West Branch. She paid...

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Oakland Circuit's Most Prolific Jurist Retires After 32-years on the Bench

The official word is "retirement". Tell that to his law clerk, seen recently busting down the corridor of the Oakland Circuit Courthouse at a brisk clip, no time to talk; or to the attorneys on an aging civil case hanging around the docket that was just re-assigned to the new "visiting judge".As long-time circuit judge Steve Andrews' retirement loomed toward the end of last year, I wondered how he would fare in retirement. His outstanding research attorney has been reassigned to another judge, as have his courtroom and chambers, but his presence remains a strong force in the Oakland Circuit Court.Along with fellow-retiree Fred Mester, Andrews is the newest "visiting judge" at the Oakland Circuit Court. Visiting judgeships are common for judges forced to leave the bench via the age-limit statute,...

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International Marriages Disintegrate with Global Economy

International marriages that often thrive with money, may wither as the global recession takes hold and deepens. Divorce lawyers in metro-poles such as New York City and London are noting an upswing in their international clientele.International marriages and their attendant transnational families complicate the divorce process, especially when marital assets are in a country other than the marital domicile, and one or both spouses come from a pair of "old countries". In many such families, one or both spouses are professionals. Their marital estate, even if modest, is spread out. Oakland, Macomb and Wayne Counties all have their share of international marriages due to a significant Arab population and the presence of multinational corporations in the automotive industry.With layoffs in all...

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