Shortly after donning his green jacket, Bubba made the announcement that he would be stepping aside temporarily to attend to family business as he and his wife welcomed their son into their lives, highlighting an important family law issue. Instead of capitalizing on the hot streak that catapulted him to national fame, Watson decided to forgo the Wells Fargo Championship in Charlotte, North Carolina, as well as last weekend's The Players Championship to be with his new son. Watson tweeted that although the tournament is one of the highlights of the golfing year, being with his family took precedence.
]]> Watson's decision may be surprising, but for many families with a desire to expand by adoption, it's a no-brainer to want to spend as much time with one another as possible. Watson acknowledged that he was lucky to be a professional golfer, a livelihood that affords him the ability to set his own schedule and a lucrative income -- luxuries most adoptive families do not have.Adoption can be a long and complicated process, and prospective adoptive parents may face difficulty juggling busy professional lives as they prepare to welcome a new member to their family. Consulting with an experienced family law attorney is a great first step for people who may be considering adoption but don't have the luxury of dropping everything in the process.
Source: ESPN.com, "Bubba Watson Taking Time Off," May 3, 2012
]]>Amendment One bans same-sex marriage, but it also does something that many voters may not immediately grasp: ban domestic partnerships and civil unions. The confusion likely stems from the fact that many pro-amendment groups tend to highlight the anti-same-sex marriage component of the amendment, and tend to not mention the issue of civil unions at all. North Carolina has already passed laws forbidding same-sex marriage, and many voters may be led to the false belief that this is merely making the same provision part of the state constitution.
]]> Understanding of the domestic partnership issue is crucial, as it has been indicative of the outcome of previous amendment propositions. In Arizona, for example, a 2006 amendment that outlawed both same-sex marriage and domestic partnerships failed, while a 2008 amendment that only outlawed same-sex marriage passed easily.The aftermath of Amendment One will have an impact on unmarried couples, same-sex partners and those involved in a domestic partnership. For more information on how Amendment One may affect people in these relationships, an experienced family law attorney is a valuable resource.
Source: Digtriad.com, "Amendment One: Historical Perspective," Sarah Lanse, April 27, 2012
]]>Divorce ceremonies may not be for everyone, but they're one unique way that separating couples can affirm their mutual respect and hopefully foster cooperation as they move forward in their separate ways. People seeking closure in a divorce may find a symbolic ceremony more meaningful and fulfilling than simply filing some court documents or having a judge bang a gavel.
]]> Supporters say divorce ceremonies may be most beneficial for couples with children, and work well when both divorcing parties are able to acknowledge the end of a romantic relationship and the transition into a strictly co-parenting relationship for the good of their children. A divorce ceremony can involve the children in a way that helps them to understand the events and the roles of their respective parents moving forward. Even though divorce may be difficult for a child, acknowledgment is a necessary step for children and adults alike in the healing process.No matter how spouses feel about the concept of extending a literal olive branch to each other, separation or divorce doesn't have to be a fight to the finish. Attorneys experienced in working with divorcing couples can help establish a rational and respectful approach to resolving issues arising out of a separation.
Source: TODAY Moms, "Will divorce ceremonies make parents' split easier on kids? " Jacoba Urist, April 25, 2012
]]>•· Amendment One is *not* an up or down vote on "gay marriage." Marriages between persons of the same gender are already invalid in North Carolina by statute. Whether a majority votes For or Against on May 8th, same-sex marriage in NC will remain invalid in North Carolina. Voting AGAINST does *not* change the law regarding same sex marriage.
•· It is essential that we understand that the amendment goes further than putting a "gay marriage" ban in our state's constitution. If adopted, the amendment also bans any future civil unions or domestic partnership law, and it affects the legal rights of ALL UNMARRIED COUPLES, not just same-sex couples. If a majority votes for this amendment, legal recognition of ALL unmarried couples is banned.
•· The language "only domestic legal union" is untested; it has not been used in any other similar constitutional amendment or legislation. If passed, Amendment One will undoubtedly spark hundreds of lawsuits to interpret this poorly written amendment, costing state taxpayers hundreds of thousands of dollars in legal defense costs. A majority vote AGAINST will prevent those lawsuits and the consequential cost to taxpayers.
There are many more important issues raised by Amendment One. The email below contains an informative video, as well as information on how to help defeat the amendment. Check it out, and please share it with your friends as they decide how to vote between now and May 8. We need you, and them, to vote AGAINST.
If you have questions about Amendment One, please contact Rebecca Perry through the CONTACT US page at www.gsofamilylaw.com
]]>For the parents of children who are separated by geographical or other circumstances, "virtual visitation" with their kids is becoming a new reality. The number of parents who lack regular face-to-face interaction with their children is estimated to be nearly 10 million, and if technology can provide an adequate substitute when physical proximity is impossible, many parents are eager to give it a shot.
]]> Virtual visitation, as the term is used by the court, involves the use of electronic communications between a parent and a child, including everything from texting and emailing to using Facebook or other social media and webcam conferencing utilities such as Skype.For parents in these situations, enforcement of virtual visitation rights is every bit as important as physical visitation. North Carolina is one of just a handful of states that recognize this as a bona fide right in custody agreements. Oftentimes a non-custodial parent will be awarded virtual visitation rights as part of the parenting plan, and the court may dictate details such as the frequency and duration of these virtual visits.
North Carolina courts are still grappling with the framework of virtual visitation as technology improves and unforeseen issues arise, but many parents already feel that virtual visitation plays an integral role in their lives. While virtual visitation isn't intended to supplant actual physical contact, it can help parents and children interact more frequently and more intimately than a phone call may allow. Children are generally quick to adapt to technology; hopefully the courts are just as flexible when it comes to recognizing the advantageous use of technology to bring parents and children closer together.
Source: The Washington Times, "Virtual Visitation: a sensible child custody option," Myra Fleischer, April 15, 2012
]]>Giuliana recently explained on the "Today" show that the couple were not thinking of childbirth on their own, but were considering another option: a surrogacy arrangement. She said they definitely want a child, but with her health situation and medication, it isn't the right time to be considering childbirth. But they do want to have children soon.
]]> Surrogacy arrangements are increasingly recognized as an excellent opportunity for people of all kinds who, like the Rancic family, want a child but are unable or uninterested in conceiving children on their own.With so much at stake in this most delicate arrangement, North Carolina residents considering surrogacy should consult an experienced family law attorney before embarking on this road to starting a family. Having an advocate can help surrogate parents navigate the surrogacy contract and also understand the rights of birth mothers and egg and sperm donors.
As Giuliana pointed out in the interview, it doesn't really matter to loving parents how the baby arrives in their lives: naturally, through surrogacy or through adoption. For those who share in this sentiment, surrogacy could prove to be an excellent option.
Source: MSNBC, "Giuliana Rancic considers adoption, surrogacy while continuing cancer treatment," Ree Hines, April 2, 2012
]]>In a contentious divorce, it can be difficult to get information from one spouse that the other might need to complete his or her tax return. In many cases, delays can make some potential problems bigger than they might otherwise be. But aside from getting information from the other party in a timely matter, there are other considerations to take into account for recently or nearly divorced couples.
]]>Source: Business Insider, "Divorced Couples Are Walking Right Into These Tax Traps," Mandi Woodruff, April 3, 2012
]]>To have the best chance at securing some level of custody of their children, men need to be on their best behavior throughout the entire process. What does that mean? Being respectful, prudent and patient are often good strategies toward showing the court that you are a worthy caregiver.
]]> Here are five tips to practice during the process that could make the difference in men's favor:Source: The Huffington Post, "Ways To Sabotage Child Custody," Joseph E. Cordell, April 2, 2012
]]>Some legal experts feel that if the amendment is passed, it could lead to issues with enforcing domestic violence laws between unmarried couples. Because the language of the amendment says that it only recognizes married couples, that leaves out people who are in relationships but not married -- regardless of their gender.
]]> A similar referendum came up a few years ago in Ohio. The language on the ballot there was similarly ambiguous to that which North Carolina will have on its ballot soon. After Ohio adopted its new standard in 2004, several cases of domestic violence were requested by attorneys to be dismissed. The rationale was that the laws were only enforceable for married couples.While the leaders of each side's most visible groups on the amendment dismiss that such a situation could happen in North Carolina, law professors and other observers detached from the situation predict that it is a possibility. There is one key difference between the states, however, that might make a resolution speedier. While in Ohio it took two and a half years to resolve the situation in court -- the ruling was that the laws still applied to unmarried couples -- there are far fewer courts in North Carolina that would hear the case on appeal, likely shortening any extended period of uncertainty.
Source: The News & Observer, "Marriage amendment debate focuses on domestic violence," Craig Jarvis, March 4, 2012
]]>While in decades past there might have been a societal bias against single parents, and single mothers in particular, those days are now virtually gone. So many Americans -- including President Obama -- were raised by single parents that it hardly seems noteworthy to even mention it anymore.
]]> However, some state legislators in Wisconsin don't seem to agree. In fact, two of them have introduced legislation that is aimed at making a link between child abuse and children raised by single parents. One of the bill's sponsors says that a child is 20 times more likely to be sexually abused if raised by a mother and her unmarried partner who is not the child's father, rather than a mother and father.Whether that allegation is true or not is almost beside the point. The fact that it would be mentioned in legislation is the real surprise. While the move is largely being made to gain political points with those who support so-called traditional families, the fact of the matter is that many families these days do not meet the definition of traditional (one mother and one father). While it is unclear if the bill will gain any traction, it can serve as a reminder to people that attitudes about single parenting maybe haven't gone as far as some might think.
Source: Time, "According to a Wisconsin Bill, Single Moms Are a Child Abuse Threat," Bonnie Rochman, Mar. 14, 2012
]]>The man admittedly crossed into the country illegally in 2003. However, after that time he married an American woman and they had three children together, all of whom were born in the United States. However, the man was deported two years ago and legal custody of the children went to his wife. However, the woman collects disability payments for a mental illness and cannot care for her children.
]]> The state of North Carolina wants to terminate the deported man's parental rights, arguing that the best interests of the children is that they are raised in this country in foster care rather than with their father in Mexico. It can often be very difficult to get children out of the foster care system in this country if they are placed there after a parent is deported.Already, the foster parents of the two oldest children have expressed interest in adopting them. However, the deported man has not abandoned his efforts to retain the kids. He now lives with relatives in rural Mexico and works at a walnut farm. His court-appointed attorney will represent him at a family court hearing early next month in North Carolina.
Source: Fox News Latino, "Deportation Often Means Losing Custody of US-Born Children," Mar, 12, 2012
]]>When a child is involved in a divorce and the family has pets, judges often keep the pets wherever the child is placed. But when there aren't any children, the pets themselves often become the focus of custody battles.
]]> Under the law in every state, pets are considered to be property. But try telling a pet owner that his or her animal counts the same as the dining room table. People who have been around a pet for a long period of time often consider the animals to be a part of the family rather than an item to be accounted for on a list of possessions.Increasingly, couples who divorce draw up detailed custody arrangements for their dogs and cats as some people might do for their children. Many people have two sets of leashes, food bowls and pet beds so that the pet can feel at home at each parent's place.
Attitudes about using pets as bargaining chips in domestic situations seem to be changing too. One lawyer said his client's estranged wife had euthanized his family's two dogs rather than give them to her husband, and the man had no recourse. However, a handful of states now allow pets to be protected in domestic violence restraining orders, further entrenching their status as members of the family.
Source: The Washington Post, "Child may have an edge when custody of dog is at stake, but who gets dog when it is the child?" Feb. 28, 2012
]]>The ex-wife is suing the woman under the state's alienation of affection law. The woman is challenging the suit, contending that it violates constitutional rights to privacy and free speech; however, the ex-wife's legal team says that doesn't apply in cases of adultery.
]]> According to the woman who was sued, a 2003 ruling by the U.S. Supreme Court, Lawrence v. Texas, guarantees the right to privacy between consenting adults behind closed doors, and that North Carolina's law violates that right to privacy.However, the ex-wife says that the ruling doesn't preclude the government from regulating some forms of private sexual activity -- in particular the alienation of affection law, because it is designed to reduce divorces and prevent spouses from being unfaithful. However, attorneys for the woman being sued said that law isn't working, because North Carolina has the fifth-highest divorce rate in the country.
The affair had wide-ranging effects outside the couple's personal lives as well. Several of the ex-husband's business dealings were delayed or cancelled, including construction of a new Winston-Salem baseball stadium.
Source: Winston-Salem Journal, "N.C. Court of Appeals hears arguments on alienation of affection law at Wake Forest," Michael Hewlett, Feb. 8, 2012
]]>The case went all the way to the U.S. Supreme Court but also involved Chilean courts. In the case, an American mother took her son from Chile to the United States without the permission of her estranged husband, who is British. Courts in Chile had ruled that neither parent was allowed to take the child out of the country without permission from the other.
]]> The U.S. Supreme Court allowed the boy's father to continue his appeals to try to get the boy to return to Chile. However, despite that country's earlier rulings, Chilean jurists also said that the father was not a custodial parent and thus had limited parental rights.As the boy got older, he was able to express his resistance to living with, or even have contact with, his father. Ultimately, the case came to an end earlier this year. Because the boy turned 16, he was no longer eligible for Hague Convention coverage, which applies to children who have been abducted across international borders.
As a result, a federal judge in this country dismissed the case between the parents this month. The boy's mother said she was never sure if the case would come to a conclusion, but now that the boy is safe, she said nothing else matters.
Source: CNN, "Child at center of high court fight over custody gets closure," Bill Mears, Feb. 14, 2012
]]>A reminder of how same-sex couples must deal with the same stresses as married couples comes from California. A couple whose lawsuit had been the basis for the state Supreme Court to toss the ban on same-sex marriage, and who got married shortly thereafter as one of the first same-sex couples to do so in California, filed for divorce last month.
]]> The couple had originally sued the state of California in 2004 to allow same-sex marriage. Because of that, the couple was one of the first to get married when the ban was lifted in 2008. They had known each other for about three decades by the time they finally were able to get married.However, like so many marriages today, theirs will end in divorce. One member of the couple cautioned people not to read into the divorce as an indictment against same-sex marriage. One member of the couple, Robin Tyler, was quoted in a newspaper article about the split saying that the divorce shouldn't attract attention just because it involves two women. "The reasons aren't sensationalistic any more than any other long-term couple," she said.
While same-sex couples are not currently eligible to get married in North Carolina, they still may want to explore the legal benefits of a domestic partnership. An attorney experienced in family law can explain the options available to them.
Source: San Francisco Chronicle, "Couple behind same-sex-marriage lawsuit divorcing," Vivian Ho, Feb. 12, 2012
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