Divorce Law Journal

Tim Snoddy, Business Valuation Expert, Dies In Plane Crash

Tim Snoddy, a top notch business valuation expert in Lexington, died Sunday in the Comair Lexington plane crash. Our thoughts and friendship go to his family, business associates and to our Lexington colleagues who have lost too many in this tragic accident.
"Timothy K. Snoddy of Lexington was a passenger on Comair flight 5191 and passed away this past Sunday, August 27. He was 51.
A Kentucky native originally from Greenup County, Mr. Snoddy was a 1972 Raceland High School and 1976 UK graduate.
Mr. Snoddy was a prominent local businessman. He was a CPA, forensic accountant, business valuator, and litigation consultant through his company, Snoddy Consulting, Inc. Mr. Snoddy's consulting practice, based in Lexington, had branch offices in North Carolina and Florida. His planned flight was to his office in Fort Lauderdale for three days of business meetings. He flew nearly weekly between offices and was a well-known frequent flyer with Delta and Comair.
Mr. Snoddy was active in the Central Kentucky business and social community. His reputation as an expert witness in financial affairs made him a highly sought-after ally for many attorneys. Attention to detail and an uncompromising work ethic were the hallmark of his practice. He was an active lifelong UK basketball and football supporter. On weekends he would often be found on the lake waterskiing or at the stable riding his horses. He was known as a warm, generous, and charismatic gentleman epitomizing the Kentucky spirit.
Mr. Snoddy is survived by his parents, Mr. and Mrs. Clinton Snoddy of Lexington (formerly Greenup), his sister Terrie Stuart of Louisville, his three children: Matthew Snoddy of Lexington, Jocelynn Morgan of Sierra Madre, California, and Joshua Snoddy of Catlettsburg, and by his three grandchildren.
Funeral arrangements are pending. Inquiries may be directed to the family spokesman, Matthew Snoddy, at 859-619-5045 or [email protected]."
Thanks to Bill Hoge for passing on the Lexington WLEX-TV report before we had it confirmed in Louisville.
UPDATE: Tim's funeral is Saturday, September 2, 2006 at Trinity Church in Lexington, KY at Tates Creek and Armstrong Mills Road. Visitation is at 1:00 p.m. and the funeral is at 2:00. , S

Prenups

A Premarital Agreement Checklist is on Diana Mercer's website, Peace Talks. Diana is co-author of Your Divorce Advisor, a book we bought in bulk to give to appropriate clients.
Long ago we quit preparing prenups; we would rather be advocates than witnesses, and a high percentage of these agreements end up being litigated when parties divorce or a spouse dies. They are difficult to draft ( see our prior post) and who wants to have a marriage called off because of a breakdown in the negotiation of the premarital agreement? What is really interesting is Diana's concept of mediating prenuptial agreements.

Muslim Marriage Contracts

Muslim marriage contracts have "long been a Muslim tradition. Most, however, contain just one key provision, that of the "mahr," a gift usually of money, that the man gives the woman." From an article in the Washington Post.
"Islamic law experts who advocate for better treatment for women say the documents can help them assert rights under religious law that have long been played down by men. Advocates contend their approach is well within Islamic law, even though skeptics say the interpretation is too influenced by Western thinking.
The contract is especially useful in the United States, where Muslims come from a variety of ethnic backgrounds and follow different customs and levels of observance. The document can accommodate views ranging from liberal to conservative.
Karamah, an organization of Muslim women lawyers based in Washington, is developing a "model" marriage contract that can be adjusted to meet the requirements of family law in different parts of the country, said Azizah al-Hibri, a founder of the group, whose name means "dignity" in Arabic. In the United States, civil law governs divorce, but judges have taken Muslim marriage contracts into consideration, sometimes viewing them as prenuptial agreements."

Another RSS primer

Law Tech Guru Blog provides a good discussion of and link to a RSS primer.
"A lot of legal professionals read blogs. However, except for the tech-savvy, many still don't know how to use RSS feeds and readers to make this task easier and more productive. So if you're relatively new to RSS feeds or would like to pick up more web resources for finding legal content in RSS subscription form, read on. Bonnie Shucha just published a good RSS primer in this month's Wisconsin Lawyer. She's the head of reference at the U.W. Law Library, Madison, and past president of the Law Librarians Association of Wisconsin.
Bonnie does a nice job of explaining RSS and how to use it in plain language, its pros and cons, and more. Some of the legal feeds mentioned have a Wisconsin flavor given its readership, but several others covered will have broader appeal. For instance, while many use Technorati to search the blogosphere, Bonnie tells us how to use Yahoo!'s Advanced Search for limiting its results to RSS feeds, very nice."
To subscribe to this blog's feed, click the orange button at the top right.

Enforcing Child Support In Foreign Country

If your client has a U.S. child support order, but the obligor lives in a foreign country, here are a couple of websites that provide info for enforcement. U.S. Department of Health & Human Services ACF and U.S. Department of State.

Louisville, KY Drug Court

It was welcome news that the state found funding for the Jefferson County family court drug court program. Yet, it is concerning that this program was not funded in the budget, and that a front page newspaper article was required to get it back in gear. The blogosphere is full of speculating on the "story behind the story." I think the Kentucky Law Blog's queries, though, are straight on:

"Why was drug court overlooked and ignored during the normal funding cycle when the AOC web pages, chief justice resume', and press releases abound with its praise?
Why were those involved in drug court left in the dark during the funding process?
This is the second time that funds were re-allocated for a project (eg., the minority law school scholarships - CLEO and now Drug Courts) which raises questions as to the reliability of the budgeting numbers going in and/or what programs or activities are being deprived of funds?
Where was $287,000 found during financially difficult times as now, and which programs paid the price?
What effect will this funding interruption have on the program and its personnel since classes were postponed and personnel let go when the money was running out?
Does the state auditor need to look at these books to see if there are any more funds that can be wisely used?
Is it wise to now finance the program outside of the AOC and will that result in loss of AOC oversight?"

A couple of weeks ago a group of mediators met for dinner to talk about how to do things better. The waiter, learning that some judges were present (those present actually included retired judges who are now serving as mediators) asked whether Judge Ryan would be coming. When someone asked why he wanted to know, he said "because he saved my life in drug court." Family drug court not only saves the lives of the addicts, but positively impacts the next generations, too.

Race Can Be A Factor, But Not The Only Factor In Child Custody Decision

The Family Law Prof Blog points out "that the debate over how and if race should be considered in custody actions is not settled. A recent Illinois Appeals Court decision affirmed a trial judge's decision to grant sole custody of a 2-year-old bi-racial child to her African-American mother rather than her Caucasian father. The bitter custody battle included 15 days of trial, 128 exhibits and 15 witnesses (including four experts, the admissibility of whose testimony was a central issue in the appeal). The trial judge found both parents equally fit to care for the child but favored mother in part because "the mother was able to provide the child with the support she would need in a world that was potentially hostile to biracial individuals." The court considered the effect of Palmore v. Sidoti, 466 U.S. 429 (1984) and concluded that, while race cannot be the sole factor in a custody determination, "Volumes of cases from other jurisdictions have interpreted Palmore as not prohibiting the consideration of race in matters of child custody." A strongly worded dissent argued that "Despite this court's weak protest to the contrary, the remarks in the trial court's letter of opinion show that the court's decision for custody improperly hinged on the sole factor of race: that only an African-American person can properly raise a biracial child in this society."
In re Gambla, 2006 Ill. App. LEXIS 667 (July 31, 2006)
I am suprised that this area of law is apparently not settled. I am also suprised that the Illinois trial courts have 15 days of trial time to devote to any one family.

Family Law Blogs

The South Carolina Family Law Blog posted an updated directory of North American family law blogs. On our family law blog categories we list those aimed at professionals and do not list those giving advice about the law to potential clients, partly because of Kentucky ethics constraints. We also don't directly link to those blogs with a primary focus of self or firm promotion. Here's the complete list; link to the South Carolina Family Law Blog to link to the others.

Snatchbackers

"Inside The Child Recovery Industry - Snatchbacks" is the title of a post by Janet Langjahr at Florida Divorce Law Blog.
"Some of the most challenging cases for parents and their attorneys are international kidnapping cases.
Unfortunately, it can take months and years to guide these cases through the court system. And ultimate success - getting your child back - is not guaranteed, even if you win a court order.
Some people give up on the legal system before they get that far. Some never bother trying it.
The Akron (OH) Beacon Journal publishes a chilling yet compelling series of articles about the “child recovery industry”, snatchback-ers.
This is not an endorsement of extra-legal methods of child retrieval. But the article is thought-provoking and eye-opening for parents who may someday face such a nightmarish situation."
From the first in a series,
"This is a tale of hate and love, revenge and courage - of a Cherokee preacher's daughter from the pine country of central Florida whose quest to recover her kidnapped daughter transformed her from a sensitive, charitable woman into a gun-toting warrior unrecognizable to friends and family.
It is also, however, an epic, international saga that unveils the volatile, secret world of the child recovery industry, a big-money business in which the interests of desperate parents, mercenaries and governments dovetail and collide.
In this world, shady characters would come and go in Maureen's life, making grandiose promises with no intention of ever delivering. Smugglers, guerrillas, even members of terrorist groups would become allies, and men of law would turn their backs on her, leaving Maureen to push on, alone.
This account is, in large part, Maureen's version of events. It is supported by other interviews and hundreds of documents, including personal letters, entries from diaries, court papers, hospital records, foreign and U.S. immigration records, Interpol cables, State Department papers, FBI memos, and other documents obtained under the Freedom of Information Act.
It cannot all be corroborated, however, because portions of many documents have been blacked out, and others classified on grounds of national security. As a matter of policy, the government does not disclose details on cases of international child abduction. The State Department declined several requests to present its side of this story, and would only discuss snatchbacks in general terms and anonymously.
Although Maureen Dabbagh shared her story exclusively with an AP reporter, she would not discuss some of the things she did or some aspects of the snatchback world, for fear of compromising the work of agents still in the field or violating the privacy of parents who turned to child recovery agents out of desperation.
For 12 more years, Maureen would struggle to get back her daughter, exhausting every legal and diplomatic channel open to her. Whenever she turned to officials in the United States or the Middle East, she got excuses, delays, empty promises, indifference.
In many ways, her experience is typical of thousands of "left-behinds" - parents whose children have been kidnapped by estranged spouses and taken abroad in violation of U.S. court orders. Since 1977, the government has opened files on more than 16,000 cases of international child abduction. In most cases, the children are lost for good.
And experts say the problem is only worsening, as rising immigration, cheaper and easier air travel, and online dating have swelled the number of bicultural marriages in America.
When Hisham kidnapped their daughter and authorities were slow to respond, Maureen felt she had just two choices: Let go of her child forever, or attempt a snatchback."
Maureen's story certainly highlights the anguish of parental kidnapping. We look forward to the rest of the articles in the series.

ABA Finally Opposes Discrimination On Basis Of Gender Identity

At the ABA meeting in Hawaii last week the following resolution was passed:
"RESOLVED, That the American Bar Association urges the Federal
government, the states and territories, and local governments to enact
legislation prohibiting discrimination on the basis of actual or
perceived gender identity or expression in employment, housing and
public accommodations."
The passage of the resolution means that the ABA can now advocate on
this issue.

Collaborative Family Law Grows

Collaborative law groups in the news:
The Cincinnati Inquirer reports on groups in Cincy and Northern Kentucky.
The Capital Online (Annapolis, MD) "Breakin' up is always hard to do, but a movement is underway to make the divorce process a little more palatable and a lot less messy."
The Kentucky Family Law Network, Inc is having an informal gathering at Austin's in Louisville at 5:30 August 24, 2006 for members and interested attorneys, financial advisors and mental health professionals. Details of the upcoming introductory training in Northern Kentucky and the advanced training in Louisville will be provided.

Collecting Delinquent Child Support

The second annual list of Jefferson County, Kentucky Delinquent Child Support Obligors appeared in the Courier-Journal Sunday, August 13th, as an insert which we haven't yet found online. This year’s list contains the names of 936 individuals who, as of July 17th, have not made a child support payment for 6 months or longer and who have not responded to numerous attempted contacts by the County Attorney’s Child Support office. The insert listed the obligor’s name, last known address and child support owed. Readers with information on the current location of the obligors are asked to call the Child Support Hotline at(502)574-0821. All information is confidential.
Last year’s insert appeared in the Louisville Courier-Journal Sunday, July 31, 2005, and produced:
8,567 payments of $943,966.45
629 calls to the hotline number
341 new court dates set
485 non-custodial parent employers found
444 wage assignments sent to those employers
1,145 current addresses for obligors
“The results are phenomenal,” said Irv Maze, Jefferson County Attorney, in a press release. “In most cases, this is the first monetary support these children have seen from their non-custodial parent, despite numerous past attempts to collect.”
“My office continues to receive information and contacts which are resulting in payments to the children. I am very grateful for the public response to our efforts.”
Funding for publication of the Child Support Insert was granted by the Louisville Metro Council through the sponsorship of 18th District Councilwoman Julie Raque Adams.
UPDATE: The list is online at WHAS11.

It Is Unethical For Divorce Lawyer to Have Sex With Client

"We generally impose a public reprimand when a sexual relationship develops during an attorney-client relationship if the affair is legal and consensual and has not compromised client interests," the Ohio Supreme Court ruled Wednesday, publicly reprimanding divorce lawyer David Engler. He had sex two times with the client, withdrew, and gave her all her money back. Source: Youngstown Vindicator.
Many states have such prohibitions: California, Minnesota, Wisconsin, Rhode Island and Washington to name a few.
The AAML Bounds of Advocacy prohibits sex with a client during the time of representation and comments, "Persons in need of a matrimonial lawyer are often in a highly vulnerable emotional state...an intimate relationship may endanger both the client's welfare and the lawyer's objectivity."
Same goes for sexual relationships with opposing counsel or a judicial officer in the case during the time of representation. "Attorneys...must be sensitive to the threat to independent judgment and the appearance of impropriety...."
This was the first Ohio Supreme Court decision I was interested in checking out after reading from the Kentucky Law Blog that Ohio had gone to RSS feeds. The update is that apparently not everything is going through the feed. Three disbarment decisions appeared through the feed, but it appears someone may be editing what is posted. Four stars to Ohio for trying RSS fees, the fifth star will come when all published decisions are posted.

Pauline Tessler and Peggy Thompson Coming to Kentucky to Teach Collaborative Family Law

November 1, 2006: Save the date. The Kentucky Collaborative Family Network is hosting a collaborative family law training featuring national gurus, Pauline Tessler and Peggy Thompson. Details to follow.

Heuristic Theory and Contrast Effects

Mediator Blah, Blah is a consistently delightful blog for mediators, yet often very substantive. In its posting on Heuristic theory it mentions "in passing the need to understand common heuristic theory such as - anchoring and adjustment, availability, self-serving evaluations, framing, status quo bias, contrast effects, and reactive devaluation."
"In particular, contrast effects is interesting as a 'persuasion tool' and appears useful, especially if you are the kind of trigger happy mediator who puts forward mediator proposals at the drop of a hat (shame on you!).
An example of contrast effects might be:
A mediator proposal (or party offer) of $100,000 paid in -
1. two tranches on anniversary of settlement - $50,000 per year for two years, or
2. a lump sum today but NPV'ed (net present valued) over 2 years, or
3. monthly installments over 3 years starting next month
Research shows the recipient will likely take each of the options offered to them then compare it to the other payment options rather than comparing the $100,000 to their wish figure and wanting more.
This research has developed several interesting ways of using our knowledge of biases to influence party thinking....
But where's the line for us mediators on this stuff?"
Well, there is a line for mediators, but the theory and research are important for the advocates to know, so thanks to Geoff Sharp for all the online tutorials he cares to post.

First Report of Committee Studying "Quick Trigger" Adoptions

A Kentucky State Government press release sent after the first meeting of the committee studying "quick trigger" adoptions announces it will meet monthly and possibly recommend legislation in 2007. It is good news that the 12 member panel will personally be headed by The Kentucky Cabinet for Health and Family Services Cabinet Secretary Mark D. Birdwhistell.
The panel is getting off to a good start, said Tom Emberton Jr., commissioner of the Department for Community Based Services (DCBS), the office that oversees public adoptions.
Emberton said his staff is ready for the panel’s constructive evaluation.
“We look forward to working with this group to achieve good outcomes for children,” he said. “We are asking for an honest assessment of our practices.”
Thanks to Mike Stevens, of the Kentucky Law Blog, for forwarding the press release.

Military Divorce

Mark Sullivan advises us, "You can now read, review, download all the materials in the most recent Legal Assistance Course given at The Army JAG School in Charlottesville by going to Legal Assistance." Click TJAGLCS Publications, then Legal Assistance and select May '06 course book.
"Good materials on custody jurisdiction, military family care plans, current regulations on nonsupport of the various branches of service, Servicemembers Civil Relief Act (SCRA), child support guidelines [by Laura Morgan ** !!], divorce jurisdiction and the military client, survivor benefits, UIFSA the Uniformed Services Former Spouses’ Protection Act, and divorce taxation. All FREE and open to the public!"
Mark is the author of a newly released book on Military Divorce, available through the ABA.

Same-Sex Adoption Legal in Indiana

Same-sex adoptions are legal in Indiana, as Indiana Supreme Court declines to review an Indiana Court of Appeals decision. The Indiana Law Blog has an extensive report on the issue.
Comment: In Kentucky we are reduced to encouraging our "brain drain" by advising clients to move across the river.

Civil Union Partners' Custody Dispute To Be Decided in VT per PKPA and UCCJA; DOMA Does Not Trump

The Vermont Supreme Court decided a jurisdictional custody dispute between partners to a Vermont civil union, which revolved around the Parental Kidnapping Protection Act and the Uniform Child Custody Jurisdiction Act. The court rejected the argument that the federal Defense of Marriage Act might supersede either of those laws. Boston.com reports "The unanimous ruling in Vermont conflicts with a series of decisions in Virginia courts, which held that that state's anti-gay marriage laws controlled the case. Vermont Justice John Dooley wrote, though, that it's Vermont's laws that control the case because the women involved in the dispute were legally joined in a civil union in 2000 and that means Vermont family law governs their 2003 separation and subsequent child custody disagreement. A lawyer representing opponents of same-sex marriage said the dispute undoubtedly will have to be resolved by the U.S. Supreme Court."
UPDATE:
Law - Washington Post editorial provides clarity on Vermont-Virginia dispute is the headline from the Indiana Law Blog."A Washington Post editorial today cuts to the essence of the Vermont-Virginia visitation dispute. A paragraph: As the Vermont Supreme Court understood, this dispute isn't about whether Virginia is bound to honor same-sex unions. (The federal Defense of Marriage Act protects Virginia from that supposedly frightful consequence.) It's about the application of a federal law designed to help states -- and children -- avoid the sort of ugly tug of war that has ensnared Isabella here. Once one state's court has properly started hearing a case, the law provides, other states should stay out. Otherwise, parents who don't like the custody deal they got the first time could shop around for friendlier courts."The Indiana Law Blog also links to the August 5th NY Times report, written by Adam Liptak, on the Vermont Supreme Court ruling, and to the blog, How Appealing, whioh links to the Vermont Supreme Court ruling.

Family Drug Court

Eleanor Garber, Jefferson Circuit Court, Family Division Judge is surprised and disappointed that Kentucky state funding has been eliminated for her cutting edge program designed to treat drug addicts so their children can be reunited with them, the Courier-Journal reports.
"Drug Court officials said yesterday that they had thought that after meetings last summer, the state Administrative Office of the Courts would request that the General Assembly allocate funding for both the family court program and a separate Adult Drug Court program in Jefferson County.
Instead, the AOC, which manages Kentucky's judicial system, requested funds for only the adult drug court -- and even that was funded only for the 2008 fiscal year, and not this year. "I was blown away," Garber said. "For reasons unknown to us, they did not ask for funds for our drug court."
Jason Nemes, general counsel to Kentucky Chief Justice Joseph Lambert, said he wasn't involved in the meetings last summer and didn't know of any agreements made to fund the family court program.
He said the AOC focused on persuading the General Assembly to allocate money to expand the adult drug court program statewide.
"It was a calculation we made to do the best we could," Nemes said. "… I don't want to say one is more successful than the other but adult drug court is maybe more measurable."
Nemes added it's possible that funding may yet be found for the family drug court program in Jefferson County, which he agreed has been successful.
"It's premature to say it's going to close down," Nemes said. "There may be something that can be done. We're not sure at this point."
But Jefferson County Attorney Irv Maze, whose office helps run the local program, said:
"We are going to continue to fight the fight, but the likelihood of success is remote."
Officials with the Family Court drug program also complained that no AOC officials told them they wouldn't receive funding this year until a few months ago.
"Why didn't they let us know earlier?" Garber asked. "I would have done anything to try to find other sources."
Nemes said he didn't know about any communication problems and noted that "we're not at cross purposes" with Jefferson County officials."
Kentucky Law Blog comments on the story and links to the AOC budget through 2005. "With some programs being slashed within the AOC, then the question is how does a member of the public provide input to our Administrative Office of the Courts on what should or should be done and how should those priorities be affected?
Family Drug Court supporters are surely going to scrutinize the AOC's spending habits now that it has struck home and slashed a program with much local support within the courts and by the public."
Comment: Surely the heads of the executive and judicial branches can explain why funding for this program which had been jump started by a $1.2M federal grant was not sought from the legislature. Child protective services and the successful parents are surely owed an answer. ""There's lots of people that complain that we don't do enough to reunify families, and then a program like this gets cut," Sky Tanghe, a social worker with the state Child Protective Services, said of the family drug court. "To see this not available anymore is quite a shame." A mom helped by the family drug court agreed. "Without the program, I would never know that I have a disease, that I suffer from drug addiction," she said. "I learned how to live, how to be responsible."
UPDATE: The Kentucky Law Blog reports on the Courier-Journal August 8,2006 editorial and links to an AOC 2004 press release bragging about the success of drug courts.

Increase in Child Support

"The Supreme Court of Canada sent a warning to divorced parents on Monday that they better come clean when their income goes up, or they could face sizable retroactive child support bills, " reports the Family Law Prof Blog. "The Supreme Court stopped short of ordering a duty to disclose salary increases automatically, but the judges signalled that paying parents should do so as a matter of course because children of divorce have a right to a share of an income hike."
Not only is an increase in child support not retroactive in Kentucky before a motion to modify is made, but an obligee is not even entitled to discovery of an increase in income until a motion is made.Combs v. Daugherty and Jennifer Combs, Real Party in Interest,
170 SW3d 424 (Ky.App., 2005), as digested here.

Committe To Address "Quick Trigger" Adoptions; Meeting Open To Public

The first meeting of the Kentucky Cabinet for Health and Family Services’ panel on adoption is scheduled for next week.
The meeting will be from 3 to 4:30 p.m. on Monday, Aug. 7, in the music room of the Berry Hill Mansion, 700 Louisville Road, Frankfort, KY.
The meeting is open to the public.
The 12-member group’s goal is to review the process and current practices that led to the termination of parental rights and adoption of children in the state’s child welfare system and to identify opportunities for improvement.
Monday’s agenda includes an overview of the 1998 federal Adoption and Safe Families Act.
Cabinet Secretary Mark D. Birdwhistell serves as the group’s chairman.

Family Courts are Courts of Equity as well as of Law

Practitioners need to be reminded occasionally that Family Courts are courts of equity as well as of law, as The South Carolina Family Law Blog reports the case of Buckley v. Shealy.

Relocation in Joint Physical Custody: Case From MA

"The Supreme Court of Massachusetts held that the trial court's decision was not an abuse of discretion. The court cited a number of authorities from other states, and a number of law review articles on the subject, along with the ALI Principles. The court observed that:
'Where physical custody is shared, the "best interest" calculus pertaining to removal is appreciably different from those situations that involve sole physical custody... Where physical custody is shared, a judge's willingness to elevate one parent's interest in relocating freely with the children is often diminished... No longer is the fortune of simply one custodial parent so tightly interwoven with that of the child; both parents have equal rights and responsibilities with respect to the children. The importance to the children of one parent's advantage in relocating outside the Commonwealth is greatly reduced.'
Mason v. Coleman, 447 Mass. 177; 850 N.E.2d 513 (Modified Opinion July 27, 2006)
Opinion on web", from the Family Law Prof Blog.

Ky S. Ct June 15, 2006 Footnotes

Much ado has been made over the Kentucky Supreme Court footnote 16 in Lisa Baker v. Ernie Fletcher, but on June 15, 2006, (now final) it appears that another gratuitous footnote was made. In B.F. v. T.D., the same-sex custody case based on the defacto custodian statute, at footnote 1, the court says "We also note grandparent visitation is not implicated here. Such cases are governed by KRS405.021."
Of what possible import is insertion of the grandparent visitation statute into a same-sex defacto custodian case? The possible fears of grandparents that the case at issue would affect their rights? If grandparents want rights as defacto custodians rather than mere visitation rights, why wouldn't this case implicate their rights?

A Suggestion For Needed Blawgs

I came across California Supreme Court Pending Civil Cases Blog, and thought what a great idea. It is very helpful for practitioners to know particular issues of law are before a state's highest court, the outcome of which may change the law in other cases at the trial court level. Denise Howell's Bag and Baggage Blog posts about a feature of the site that allows you to request email updates for notification of future events in the case. Any takers to do that in other states, including Kentucky?

Can Boy Born to Married Parents Compel Bio Mom to Disclose Bio Dad After Legal Dad Ruled Out

Florida Divorce Law Blog posts on a pending lawsuit, Can Boy Born to Married Parents Compel Bio Mom to Disclose Bio Dad After Legal Dad Ruled Out? "After his parents’ divorce, the boy resided primarily with his legal father - the then-husband of the boy’s biological mother.(In many states, including Florida, the man married to a birth mother is presumed to be the legal father of a baby.) But, apparently, a recent DNA test proved that the boy’s legal father is not his biological father. And now the boy wants his biological mother to disclose who his biological father is, supposedly out of concerns over his family health history. And now a Michigan court must decide whether the boy has a right to compel the disclosure.
Read more in this Detroit News article: Mom, teen square off in paternity case.

Assisted Reproductive Technology: A Lawyer's Guide to Emerging Law and Science

A unique new book from the ABA Section of Family Law --Here's their announcement:

Assisted Reproductive Technology:
A Lawyer's Guide to Emerging Law and Science
By Charles P. Kindregan, Jr. and Maureen McBrien
http://www.abanet.org/abapubs/books/5130139

"Assisted Reproductive Technology" is an up-to-date summary of the emerging
legal issues and solutions in the continuing development of laws on assisted
reproductive technology. As more couples and single people are turning to
assisted reproduction technologies (ART), this book provides a timely and
thoughtful guide to assist lawyers in advising clients and handling the complex
legal aspects involved with these procedures.

The first comprehensive book to examine the legal issues involved in the
complicated and cutting-edge area of collaborative reproduction, "Assisted
Reproductive Technology" covers numerous court decisions while providing expert
analysis of evolving law. The book's scientific overview and analysis of
relevant statutes and cases are essential for attorneys advising and protecting
clients in assisted reproduction scenarios.

The legal issues of ART continue to evolve, and every state has different and
developing laws. Yet these are topics that family lawyers are dealing with
increasing frequency and practitioners need to provide solutions for their
clients. The authors of "Assisted Reproductive Technology" bring both academic
and family law practice perspectives to the book, crafting a clearly written,
easy-to-use, and comprehensive examination of numerous court decisions and
statutes in a single volume.

Among the topics covered are:
-- The right to privacy and ART
-- ART and the Uniform Parentage Act
-- Intrauterine insemination
-- In vitro fertilization
-- Cryopreserved embryos
-- Surrogacy
-- Divorce disputes arising from the use of ART
-- Government regulation of ART
-- Posthumous reproduction
-- Reproductive cloning
-- Standards of care, malpractice, and liability
-- ART contracts and documents

In addition to hundreds of citations, "Assisted Reproductive Technology"
contains selected further readings for each chapter, an invaluable glossary of
ART terminology, and index.

2006, 360 pages, 6 x 9, paper, ISBN: 1-59031-611-8

Civility Standards

The ABA Section of Family Law has adopted Civility Standards which apply to clients, to the court, and to opposing counsel.
Kentucky has long had a Code of Professional Courtesy, but family law matters have an emotional overlay unlike other litigation, which the ABA addresses in its Standards. Neither is as comprehensive as the American Academy of Matrimonial Lawyers Bounds of Advocacy. If you practice family law, please take a look.

Divorce After Death

Divorce after Death? Not in PA, a lower court has ruled. For stories on this case, see:
Indiana Law Blog, "A man can no more be divorced after he is dead than he can be married or condemned to death. Marriage is the union of two lives which can be dissolved either by death or by process of law, but after it has been dissolved in one of those ways, you cannot dissolve it again; you cannot untie a knot which has already been untied."
We first learned of this case from the Art of Divorce, which has updated it. Each of its posts link to the AP stories.