I remember a saying that was bandied about when I was a child. "Sticks and stones can break my bones, but words can never hurt me." How wrong that statement is! I checked out the origin. See fn 1. We've... Continue reading

OAKLAND COUNTY COURT FILINGS. Filing of Emergency Matters and Court Communication: Please note that ALL EMERGENCY matters for Civil, Criminal, and Domestic cases ishould be filed through the SOM MiFile efiling system as of Monday April 13th. As always if... Continue reading

https://info.courts.mi.gov/virtual-courtroom-info Continue reading

I thought that you might like to see these free ZOOM backgrounds. I'm amazed at how many I see on the INTRO page of this Blog piece, But . . . then . . . if you find one you... Continue reading

In these days of Covid-19, being able to serve process upon a defendant has become a difficult issue. Many lawyers express concern about this. Some years ago, I had to achieve service of process in Thailand upon a defendant in a divorce and custody case. I was fortunate to find a then-recent case that explained a process calculated not only to give the trial judge authority to issue an ex parte order authorizing such service of process, but also to provide a framework or process by which the plaintiff could then provide the Court with screenshots showing definitively that service of process had actually been achieved. Continue reading

Michigan Governor Gretchen Whitmer signed Executive Order 2020-41 on Wednesday, April 8, 2020. The Order will reduce unnecessary in-person contact, through the use of electronic signatures, remote notarizations, remote witness attestations and acknowledgments, and remote visitations in order to protect the health and safety of Michigan citizens. Continue reading

The Coronavirus, school closures, shelter in place orders bring challenges to families. Parents working from home and children home from school. How can parents keep their children busy, happy, and productive? Art Lessons? Why not art lessons or art projects? Continue reading

The Washington Post published yesterday, as part of its free Covid-90 coverage provided to all, a terrific article/how-to / AND pattern so that people can make their own face masks. The link shows not only the pattern, which you can print on your p[rinter, but also short videos showing the process. Continue reading

Elder lawyers and Family Law lawyers in Michigan and elsewhere been discussing the issue raised so often now during Covid-19. Who gets the ventilator, whose life is worth saving? . . . Who makes the choice? And What makes life worth living? Continue reading

Michigan parents and parents in other states want to know what they are expected to do about custody and parenting time during this critical time of Coronavirus with school closures affecting so many families. They ask: Must I follow the existing parenting time order? As with so many child-related queries, the answer must be: "That depends." * * * What to do with your children to keep them busy while you Work From Home? Free resources! Continue reading

Welfare Checks: How should a court balance the constitutional rights of parents to be free from warrantless searches by law enforcement and child welfare agencies against the needs of children to be safe from neglect and abuse? Continue reading

Price. The Price of The Clock is $ 10,000 or best offer. Payment. Within three (3) days of the Agreement to Purchase, all purchases must be paid in full by cash or certified funds made payable to Seller. Bank wire transfers to an account designated by Seller will be accepted... Continue reading

It is important for you to know how to perform legal research or any other kind of research. You can readily do research into complex issues even if you don't have Lexis Nexis, West Law, The LawNet, or CaseText (free to members of the State Bar of Michigan). You can do a lot of research just by using Google Legal Scholar. However, to narrow down the search and obtain an answer quickly, one needs to use a keyword search--ideally a Boolean research query. Truly, practice makes perfect. Continue reading

Professor Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City is a frequent contributor to this blog. Professor Pollack is also a lawyer. Today he has sent along a link to an article in a journal published online this date: "Text Taunting to Suicide: The Role of Child Protective Services" discusses the role that Child Protective Services workers should play in today's complex world where texting seems to be the most favored means of communicating. Continue reading

Twenty-one children have died from heatstroke in cars since just the start of 2019; more than 800 children have died from this preventable tragedy since 1998. Technology exists to solve this problem. How simple it would be for auto manufacturers to install an alarm to remind a driver that there are children remaining in the car. After all, there are alarms to remind passengers to put on their seat belts. Pending legislation would make installation of a similar alarm when weight on the back seat(s) could mean that there is a child to be removed. Continue reading

As Michigan contemplates modifications to Michigan law regarding surrogacy and A.R.T., the issue raised in a 2013 Kansas case is again questioned. Should a sperm donor ever have any liability for child support for a child or children in an anonymous sperm donor case? Continue reading

The issue arises today in a query from a colleague regarding whether some kind of service of process may be used other than a process server or service by publication. In 2015, this writer had a case involving a defendant who lived in Thailand. Not only did the wife not have a mailbox to which certified mail with restricted delivery could be sent, but also, she was then living with a new boyfriend—and her address was unknown. Thailand was not a signatory to the Hague Service Convention. Husband had access however to her Facebook and he also had two email addresses for her. The trial court allowed service of process by Facebook and by email. Continue reading

After both the mother and the father properly sign the acknowledgment of parentage and it is filed with the state, the mother has initial custody of the child (including legal custody), without prejudice to the determination of either parent’s custodial rights, until otherwise determined by the court or agreed by the parties. MCL 722.1006. However, this initial custodial grant to the mother does not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time Continue reading

In today's mobile society where parents and children move from one state to another after a divorce or custody action, the question often arises whether the state that made the initial child custody determination continues to have exclusive, continuing jurisdiction over modifications of custody orders. Continue reading

Domestic abuse is an issue that family lawyers should discuss with clients frequently. This conversation is part of my intake procedure and continues during representation. In fact, the first advice I give someone who is making an appointment by telephone is this: "Set up a new email address that is to be used exclusively for your attorney / client communications. Do not save the password so that this account may be accessed by your spouse or anyone else in your household. Use a unique password and do not leave it around where it can be found. Be very, very careful to erase your history each time you do research on the computer. Password protect your computer and your smart phone." Continue reading

Thank you to Pat Morgan for reaching out to request that I review and post the Campus Safety Guide. This is a very comprehensive guide to help college students stay safe from sexual abuse / sexual violence on college campuses. After Dr. Larry Nassar, after Dr. Christine Blasey Ford's courageous testimony in the Kavanaugh hearings, it occurs to me that ALL college students need to learn more about staying safe on campus. I've reviewed the online campus safety guide. It is comprehensive and contains practical advice about dangers inherent on college campuses. The tools suggested for staying safe are chock full of common sense. Continue reading

When domestic abuse and children are involved, divorce and custody can be the epitome of high-stakes conflict and frustration and all too frequently protective parents lose custody of their child to a named abuser. Domestic Abuse, Child Custody, and Visitation helps mental health professionals, attorneys, and lay readers navigate the judicial process so that decisions are truly made in the best interest of children. Continue reading

The Michigan Judicial Institute publishes many benchbooks. These are helpful to judges and other court personnel in case management of family law cases in which domestic violence is an issue. They are also helpful to attorneys working with courts and clients. Domestic Violence Bench. The fourth edition was initially published in 2013, and the text has been revised, reordered, and updated through August 22, 2018. Continue reading

Take a look at this wonderful tool to help parents and children decide which films and books are age-appropriate and good choices for kids. Continue reading