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Michigan

Updates in Michigan Family Law Updates in Michigan Family Law

Updates in Michigan Family Law is a blawg written by Traverse City, Michigan family lawyer Jeanne M. Hannah. Jeanne explores developing Michigan law, and also the following topics of interest: divorce, custody, child support, paternity, domestic abuse, and adoption issues.\r\n\r\n

Post Frequency: 4.5/day

Last Entry: March 31, 2011 at 12:07:04

Recent Entries: 448

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HPV Vaccine | Marketing hype or effective protection?

Posted on August 20, 2008
The New York Times today (August 20, 2008) published an extensive article examining in depth manner in which Merck has marketed the drug and the controversies surrounding Merck's efforts. Merck calls the efforts "education," but critics call it marketing...


Parental kidnapping | Law enforcement response

Posted on August 17, 2008
Friday's Boston Globe's Update on local news made clear the intense law enforcement response to a parental abduction in the kidnapping of Reigh Boss by her father "Clark Rockefeller" alias "Christian Chichester" alias Christian Karl Gerhartsreiter. Amber Alerts are rarely approved in parental kidnapping cases because the prevailing thought is that if the child is with a parent, the child is probably safe.


Protecting clients from financial predators

Posted on August 15, 2008
The Michigan court of appeals discussed undue influence as a "recognized species of fraud" and upheld the trial court's order quieting title in Erika Fick. She alleged that because of her closed head injury, she did not understand the consequences of signing a quit claim deed to the marital dwelling that conveyed all of her interest to her husband...


"Honey, I love your insurance!"

Posted on August 13, 2008
The New York Times reports today that for many Americans the cost and availability of health care insurance is a major reason in whether they marry, whether and/or when they divorce.


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Amber Alerts | When are they used?

Posted on August 13, 2008
Recently an Amber Alert was issued by the state of Massachusetts after Reigh Boss was kidnapped by her father, "Clark Rockefeller" (or whoever he is) from a public street in Boston. Shortly after the abduction, Rockefeller was seen with the child in New York...


Why even innocent people shouldn't talk to the police

Posted on August 07, 2008
In one of the more engaging, convincing and easily understood presentations I've ever seen, Prof. James Duane, of the Regent University School of Law explains why even angels devoid of the slightest moral blemish should never speak to police officers, tax collectors or other law-enforcement agents investigating crimes...


Reigh Boss kidnapping | Child recovered unharmed

Posted on August 03, 2008
On August 3, 2008, FBI agents were successful in staging a recovery operation that involved separating Clark Rockefeller from his daughter, 7-year-old Reigh Boss, arresting Rockefeller and recovering the child. The recovery was in Baltimore, Maryland where Rockefeller had leased a small carriage house...


Parental kidnapping | Risk factors Part 2

Posted on July 31, 2008
Today, the New York Daily News reported that, in fact, Clark Rockefeller had talked last Christmas to friends about kidnapping his daughter Reigh. According to this report, Rockefeller was "so crushed when his ex-wife moved overseas with his beloved 7-year-old daughter that he told pals last Christmas, 'I may have to kidnap her...


Massachusetts same-sex marriage bill passes senate

Posted on July 29, 2008
I wrote on July 15 to note that the Massachusetts Senate was considering a bill that, if passed, would allow same-sex couples from other states to marry in Massachusetts. Read Massachusetts to become destination for weddings here. The Boston Globe...


Parental kidnapping | Risk factors

Posted on July 29, 2008
Today, the Boston Globe described an unusual parental kidnapping involving a child who, after a bitter divorce, resides in London with her mother. Reigh Storrow Boss was kidnapped by her father, Clark Rockefeller. Parental kidnappings are at risk where, as in Rockefeller's divorce case, one parent has been deprived of custody by a court and have been deprived of visitation for long periods of time...


Child support liens | When can they NOT be imposed?

Posted on July 23, 2008
A Michigan statute allows the Friend of the Court to attach a lien to property the FOC locates that belongs to a person with child support arrearages. In Walters v Leech, Michigan's court of appeals held on July 21, 2008 that such a lien cannot be imposed against property held by the child support debtor and his or her spouse, where the property is held in a tenancy by the entireties.


How can a parent modify a prior custody order?

Posted on July 16, 2008
Non-custodial parents want to know what the courts will consider as sufficient evidence to warrant modifying an existing custody order. It?s well-established that the court will not re-visit a previous custody determination unless the party requesting the custody modification can prove that there has been a change in circumstances or good cause arising since the most recent custody order...


Massachusetts to become destination for weddings?

Posted on July 15, 2008
The Boston Globe reports today that the Massachusetts Senate will vote today on an act to repeal a 1913 state law that prevents gay and lesbian couples from most other states from marrying in Massachusetts. It seems that the repeal could spark an economic boom for Massachusetts, pumping more than a $100 million into that state's economy within the new few years.


Posthumous reproduction and today?s military

Posted on July 14, 2008
On the heels of yesterday's serendipitous discovery of Professor Charles Kindrefan, Jr.'s article about assisted reproduction comes this article written by a JAG lawyer, titled "To Be Continued: A Look at Posthumous Reproduction As It Relates to Today?s Military," by Major Maria Doucettperry of the JAG Corps...


The drugging of America's children: Part 2

Posted on July 12, 2008
In an earlier blog article, I criticized the use of psychotropic medications that are not approved by the FDA for use with children. Congress continues to investigate the cozy relationships between manufacturers of these powerful drugs and the doctors, recipients of enormous stipends from the drug makers, who prescribe the drugs and who perform research paid for with Big Pharma monies.


Family lawyer's duty to warn of threats of harm

Posted on July 11, 2008
In the opinion of this writer, family lawyers have a "special relationship" with their clients that creates a common law duty to warn a reasonably identifiable third party" when the lawyer's client communicates a threat of harm toward a reasonably identifiable third party, notwithstanding a recent decision by the Michigan Court of Appeals.


Assisted reproduction - social and legal ramifications

Posted on July 11, 2008
I read a statistic today in Steve Worrall's blog: 47% of children born in Georgia are born to unmarried women. And "on my way to the Forum," I happened upon an interesting work in progress, by Charles Kindregan, Jr., Distinguished...


Website disclaimers - essential to avoid incidental creation of attorney-client relationship

Posted on July 06, 2008
How can a lawyer avoid being "conflicted out" if he/she has had some contact with a prospective client -- one who chooses another lawyer? A better question is: How can a lawyer deal with avoiding a cheap DQ by someone who is trying to conflict the lawyer out? Another serious concern is to prevent any potential liability arising because a lay person uses a lawyer's web site instead of hiring a lawyer and then blames that lawyer when something goes wrong.


Rights of biological father | Biology isn't everything

Posted on July 04, 2008
What rights does a biological father have if another man has signed an acknowledgment of parentage with the mother shortly after birth of the child? Michigan's court of appeals has answered this question after 2 trips to the court of appeals. These seem to be the facts of the case before the COA in Sinicropi v Mazurek.


Approval of Gardasil for Women 27 to 45 delayed

Posted on June 26, 2008
It was reported on June 25, 2008 that the FDA has completed its review of Merck?s application and has refused to approve Gardasil for use with older women within the expected review time frame. It is not clear whether this means that there is just a delay or whether the FDA will flat out refuse to approve this usage.


Parenting Plan Calculators, Planners, and Trackers

Posted on June 24, 2008
Parents and family lawyers can use various software programs to help create parenting plans based on agreed-upon or court-ordered visitation schedules. These programs can calculate percentage splits, create calendar to display visitation schedules and activities (extra-curricular activities, birthdays, etc...


Mom's relocation of 91 miles causes change in custody

Posted on June 15, 2008
In Powery v Wells, the mother [?Mom?] moved from Ludington to Traverse City, a distance of 91 miles. Dad filed a motion to change custody and Mom countered with a motion to modify parenting time. The trial court and court of appeals held that because Mom's move was sufficient to disrupt the established custodial environment, it was a change in circumstances that could trigger a change in custody.


Gay marriage in Massachusetts viewed as "mixed bag"

Posted on June 15, 2008
The New York Times reported on June 15, 2008 that gay people who married in Massachusetts once that State enacted a statute allowing same-sex marriage report that their marital problems aren't really that much different from those experienced by other married couples.


Warning to stay away doesn't justify PPO, says court of appeals

Posted on June 13, 2008
In Jasina v Jasina, Docket No. 275583, the Michigan court of appeals held that the trial court properly refused to issue a personal protection order against the Petitioner's brother. The allegation was made, and supported by a tape-recorded telephone conversation, that the Respondent had said "Stay away from me or I will punch you in the head...


Personal protection order prevents parent's contact with child

Posted on June 11, 2008
In Hayford v Hayford, Docket No 276176, decided June 10, 2008 [For Publication], the Michigan Court of Appeals upheld a personal protection order that prohibited a non-custodial parent from contact with his 18-year old son. In this case, the respondent father apparently had visitation rights with his son, the petitioner, pursuant to an order of custody under the Child Custody Act (?CCA?)...


Childhood injuries | "What if" & "Oh, no!"

Posted on May 29, 2008
Children | Head injuries | Medical emergencies: Today, an editorial from the New England Journal of Medicine counsels doctors and parents to pay special attention to what might appear to be minor head injuries in order to protect children under...


Sixth Circuit refines standards in Hague Convention cases

Posted on May 28, 2008
In Robert v Tesson, ___ F3d ___ (2007), the Sixth Circuit Court of Appeals decided a case on November 14, 2007 that refined the legal standard to be applied in determining a child?s ?habitual residence? under the Hague Convention. The...


Mom's relocation of 91 miles causes change in custody

Posted on May 27, 2008
In Powery v Wells, the mother [?Mom?] moved from Ludington to Traverse City, a distance of 91 miles. Dad filed a motion to change custody and Mom countered with a motion to modify parenting time. The trial court and court of appeals held that because Mom's move was sufficient to disrupt the established custodial environment, it was a change in circumstances that could trigger a change in custody.


Finding your child after a parental kidnapping

Posted on May 18, 2008
Prevention of parental kidnapping is not always fool-proof. About 800,000 children were abducted in 2003 alone, the last year for which statistics are available. Fewer than 1% of these abductions were by strangers. So parents want to know: What can I do to make sure that I can find my child or children if the non-custodial parent takes off with them? Several products are available for parents who fear a parental abduction...


Mom's relocation of 91 miles causes change in custody

Posted on May 15, 2008
In Powery v Wells, the mother [?Mom?] moved from Ludington to Traverse City, a distance of 91 miles. Dad filed a motion to change custody and Mom countered with a motion to modify parenting time. The trial court and court of appeals held that because Mom's move was sufficient to disrupt the established custodial environment, it was a change in circumstances that could trigger a change in custody.


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