Friday, September 07, 2007

Recent Noteworthy Blog Posts

Here are links and summaries to recent noteworthy family law blog posts related to divorce, child support, child custody and other law topics:

How Old Is Old Enough? Age-Related Concerns for Childcare and Babysitting

"In child custody cases, parents often accuse each other of leaving the child inadequately supervised. The allegations can be that the child was left home alone or left with someone who cannot properly supervise the child (such as relatives who are too old or too young). Left Unsupervised: A Look at the Most Vulnerable Children, a 2003 study published by the non-profit research organization Child Trends addressed the large number of children are left without care and supervision by their parents."

Tips for Success at Your Settlement Conference

"Many cases can get settled simply by getting the parties together to talk. This type of informal meeting is called a "settlement conference." The following steps can help you prepare for a settlement conference and improve the chances of its success:
  1. Identify the issues in your case.
  2. Understand how the law affects your case.
  3. Know the estimated costs of trial.
  4. Remain open to unique opportunities.
  5. Keep a few secrets.
  6. Be determined.
  7. Be ready for a little give and take.
  8. Be patient.
  9. Get it in writing."
Courtesy of the Georgia Family Law Blog

Grandparents Seeking Custody Must Prove Parental Unfitness by Clear and Convincing Evidence


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In Norrod v. Norrod and Laws, maternal grandparents intervened after their daughter's death seeking custody of their minor grandchild. The trial court denied the grandparents request for custody, finding that the mother was deceased, and that, as a matter of law, Father, not having been shown by Grandparents to be affirmatively unfit as a parent by clear and convincing evidence, is entitled to the care, custody, and control of the child. The court did award the Grandparents visitation rights, finding it in the child's best interest since he had lived with the Grandparents since birth and had bonded with them. Grandparents appealed.

Husband and Wife had agreed on a temporary order granting Wife/Mother custody of the minor child with Husband/Father having standard visitation rights. Because Mother suffered from epileptic seizures, she and the minor child lived with her parents. Within a year of the temporary order, Mother, who was a certified lifeguard and water safety instructor, suffered an epileptic seizure while giving swimming lessons to the minor child. Grandmother discovered both unconscious in the pool. She pulled both from the pool but was able to resuscitate only the minor child. Paramedics transported both child and Mother to the hospital where the child was stabilized but Mother was comatose. Father, who was enlisted in the Army and serving in South Carolina, returned to Oklahoma whereupon he filed a motion for emergency custody."

Courtesy of the Grandparent Visitation Blog

Mom May Have to Choose Between Nursing and Custody

"I have previously posted here and here on the issue of breastfeeding as it relates to matters of child custody and visitation. Now word comes of a Minnesota case in which a court-appointed guardian-ad-litem is urging the judge to order a mother to stop breastfeeding her baby due to the prescription medication the mother takes. The mother maintains that she researched the potential effects of the medications on a child through breast milk, and states that she would stop breastfeeding immediately if she believed that her child was being harmed. The judge is scheduled to rule on the matter next month."
Courtesey of the Penn Family Law blog

INITIAL CONSULTATIONS: WHAT ARE THEY WORTH?

"I recently read an article about a Canadian Divorce Lawyer who charges $2,500 prior to his initial consultation. I could not tell from the article whether that amount was for the initial consult, of if he was charging a flat fee for the entire divorce case. But the article did describe a lengthy consultation process, including the completion of a survey, a multi-media presentation, and parting gifts for the client, including a 2 hour dvd, a cd-rom of the initial interview (with a disclaimer), and an indication of whether the client was a "A" Client (yes, we'll take your case) or a "D" Client (Sorry, but here are names of other lawyers who might be willing to represent you."
Courtesey of the Pennsylvania Family Law Blog