Family Law

Divorce, Kids, and Pets...

I just read a great article on Pet Custody and Divorce and agree with the commentators. See a copy of the article below: Pet custody: Divorce battles get hairy

(http://www.heraldsun.com.au/news/breaking-news/pet-custody-divorce-battles-get-hairy/story-e6frf7jx-1226285810628)

THEY still fight like cats and dogs in divorce court. But more and more they are fighting about cats and dogs.

Custody cases involving pets are on the rise across the United States.

In a 2006 survey by the 1600-member American Academy of Matrimonial Lawyers, a quarter of respondents said pet custody cases had increased noticeably since 2001. The academy is due for another survey, but there is no doubt such cases have grown steadily since then, said Ken Altshuler of Portland, Maine, a divorce lawyer and AAML president.

If there is a child involved in a divorce, many judges will keep the pet with the child, lawyers said.

"But what do you do when the pet is the child?" Mr Altshuler asked.

Breakups in same-sex marriages, civil unions and domestic partnerships are among reasons pet custody fights have become more common, lawyers said.

Pet custody cases have grown as much as 15 per cent in his office over the last five years, said lawyer David Pisarra of Santa Monica.
He is his own best example. He shares custody of eight-year-old Dudley, a longhaired standard black-and-tan dachshund, with his ex, who has remarried and introduced a step-dog to Dudley.

Pet consultant Steven May hired Mr Pisarra six years ago to handle his divorce. Besides a daughter, May and his ex worked out custody of three dogs, two cats and Tequila the parrot.

Mr Pisarra and Mr May became good friends and often take their dogs for walks in Santa Monica. They also teamed up last year to write a book about co-parenting a pet with an ex titled "What About Wally?"

Pets are considered property in every state in America. For years, they have been divvied up like furniture during divorce proceedings. But times are changing.

"Judges are viewing them more akin to children than dining room sets. They are recognising that people have an emotional attachment to their animals," Altshuler said.

"There is a shifting consciousness," Mr Pisarra said. "Pets are being given greater consideration under the law."

Don't Ask Don't Tell... Well I Am TELLING!!!

The debate of same sex couples and what "legal status" they should have is coming to a breaking point.  The article below is one reason why our country and our states need to take a hard stance on whether or not they are for or against gay marriage and/or legal unions. All I can say is THANK YOU to all of the soldiers and their families, including Marine Brandon Morgan for serving our country.

The following article is by Liz Goodwin ( http://news.yahoo.com/blogs/author/liz-goodwin/) 

Five months after the military's ban on openly gay service expired, a photo of a young gay Marine's homecoming kiss has gone viral. Nearly 15,000 people have liked the picture on Facebook, which was posted in a group for gay Marines on Saturday. The Marine, Brandon Morgan, posted a response on his Facebook wall according to the JoeMyGod blog. "To everyone who has responded in a positive way. My partner and I want to say thank you. Dalan, the giant in the photo, can't believe how many shares and likes we have gotten on this. We didn't do this to get famous,or something like that we did this cause after 3 deployments and four years knowing each other, we finally told each other how we felt," Morgan wrote. He responded to "haters" who criticized him for kissing in uniform. "If the Sergeants Major, Captains, Majors, and Colonels around us didn't care...then why do you care what these random people have to say?" In December, two female naval petty officers became the first same-sex couple to share the traditional first kiss on the pier when the ship returned from an 80-day deployment.

 

 

“My friends, welcome to the other side of the rainbow…”

Same Sex couples in the State of Washington will be legally recognized starting June 7, 2012. Washington is currently the 7th state in the nation to allow same sex marriage. (http://www.reuters.com/article/2012/02/14/us-gaymarriage-washington-idUSTRE81C15L20120214)  No matter your thought on the topic it seems as though there will be a showdown with the Supreme Court. Advocates for same sex marriages argue that same sex couples should be treated just like everyone else. Detractors argue that the sanctity of marriage will be destroyed and marriage may not be taken seriously.

Currently, same sex marriage is legal in New York, Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and Washington, D.C. The New Jersey legislature has a bill and a vote is expected sooner than later.(http://online.wsj.com/article/SB10001424052970204795304577221583559328396.html)

Even  though the State of Florida does not allow or recognize same sex marriage, the city of Orlando has allowed a Domestic Partnership Registry. (http://www.cityoforlando.net/cityclerk/domestic_partnership.htm) The Domestic Partnership Registry addresses same sex couples many rights that same sex couples are entitled to. (http://www.cityoforlando.net/cityclerk/domestic_partnership/dp_faq[2].pdf)

 

Domestic Violence and Animal Abuse....

PutzIn a shocking and tragic turn of events, Minneapolis Animal Care and Control put down Putz, the pitbull of Debra Peters, who was seized by the office on October 6, 2011 after the dog bit her ex-husband while defending her during a domestic dispute. Peters said Putz was only trying to defend her and himself. Her ex-husband had spat in her face before kicking the dog. When he took a swing at Peters, Putz came to her defense, biting the abuser on the wrist and stopping him from attacking.

”(He) kicked Putz and I said, ‘What did you do that for?’ and he went to swing his arm at me and that is when Putz jumped up and got him on his wrist,” Peters said. "He was only protecting him and me.” Her ex's injuries were confined to that one wrist.

The Coalition for Animal Rights Education (CARE) group stepped in to help Peters, convinced the dog meant only to grab the man before he could strike. ”If that dog had been angry or aggressive enough to want to do that guy in for his actions he wouldn't have had one bite and release with no puncture wound,” said Collen Meyer of CARE. "That dog probably was capable of doing far more in a short period of time."

The dog's brave act would eventually cost Putz his life. Minneapolis Animal Care and Control was asked to assess the dog, and when they did so, they declared him dangerous and recommended that he not be returned to Peters. "What we see is that if it has bitten it has a great chance that it may bite again," said Dan Niziolik with Minneapolis Animal Care and Control. Minneapolis Animal Care and Control provided the following observations as justification for PUtz's euthanization: •    That Putz was territorial and guarded his cage. •    That he didn’t sit on command. •    That he didn't respond to the vet’s touch. Ignored her patting.

Given the length of time Putz was separated from Peters, and isolated in a shelter, it would seem natural that any dog would be stressed by such surroundings and not react in a social or "happy" way. "After being locked up for so long, of course any dog is going to be jumping around, sniffing, playing with the dog toys,” Peters said.

The vet's note also stated that when a dog with bite history is "large, has great strength and no particular interest in pleasing people, it is my opinion he is not an acceptable pet."

”Who says that dog has to be nice to her?” Meyer said. “There are people who would give her the same reaction and she wouldn't put them on death row.”

Ironically, the past history of the ex-husband did not appear to have bearing on Putz's case. Police records showed a number of domestic calls at the home. Once, Debra's ex-husband was arrested after she told police he threatened to cut the throat of her previous dog while holding a large knife.

There is also another unsubstantiated report where her ex husband claims she told Putz to attack him and that he bit him in the face. Peters denies that. But the city also used this unverified incident for their case. They also decided Peter's could not own a dog over 20 lbs because she has a felony on her record.

”I just think if he were a human and intervenes for this abused woman he would be called a hero not a biter,” Meyer said.

Peters had paid kennel fees and done whatever the city asked in the past three months (she paid to have him neutered and microchipped) in the hopes they would spare him, even if they gave him to someone else, which appeared to have been an option at one point, but it fell through. In a last ditch effort animal welfare groups offered Putz a permanent home at a sanctuary where he would never be offered for adoption. But in the end it did not matter. The judge in the case disregarded the offer and ordered that Putz be put to death.

On Saturday, that order was carried out, and the dog who gave everything he had to save Debra Peters drew his last breath, and the dog she had bottle fed as a baby was gone.

Many involved in the case are justifiably furious, and believe that the city has made a tremendous mistake that will have serious repercussions in the future. “The dog had gone to protect his owner against an abusive situation and ended up at animal control,” said Meyer. Worse that that, he ended up dead. It would seem that the system failed both Peters and Putz in this case.

 

Source: http://www.dogheirs.com ( for full article )

Tommy Jordan: Police Thank Him!?!?

The following article was taken from the DAILY MAIL REPORTER The strict father who became a YouTube phenomenon when he turned a gun on his foul-mouthed daughter's laptop is standing by his actions, and he has a message for his critics.

The 8-minute clip on the video-sharing site showed North Carolina parent Tommy Jordan lecturing his 15-year-old daughter Hannah about a complaint that the teen had put on her Facebook page.

At the end, he unloads nine rounds from his .45 handgun into Hannah’s laptop, and tells his daughter that if she wants a new one, she can get a job and buy one.

Mr Jordan, now a cyberspace celebrity, said in a statement on his Facebook page on Saturday that he wouldn’t change a thing about his punishment.

Scroll down for video and Tommy Jordan's full statement

Angry: Tommy Jordan, of Albemarle, North Carolina, reads out his 15-year-old daughter Hannah's grumbling Facebook post in which she complains about having to do chores at homeAngry: Tommy Jordan, of Albemarle, North Carolina, reads out his 15-year-old daughter Hannah's grumbling Facebook post in which she complains about having to do chores at home

Mr Jordan said: 'If I had it to do again... let's see... I'd do it almost the same'.

He said that those who disagree with his parenting methods have called police and child protective services to his Albermarle home.

But Mr Jordan said he’s sorry to disappoint anyone who was hoping he would wind up arrested in the matter.

'The police by the way said "Kudos, Sir" and most of them made their kids watch it. I actually had a "thank you" from an entire detectives squad.'

He added: 'And another police officer is using it in a positive manner in his presentation for the school system. How's about those apples? Didn't expect THAT when you called the cops did you?'

He offered that those who wish to continue calling the cops on him can continue to do so.

'I'm just going to leave a pot of coffee on for the next officers who come by.'

The North Carolina IT worker said Hannah responded to the hilarious video by saying: ‘I can’t believe you shot my computer!' and had a crying fit.

Mr Jordan said his outspoken daughter later calmed down, but it was an arduous road to recovery.

The father wrote in a media statement to the Toronto Star that Hannah was initially shocked. He said he then talked to her for a long time on the patio, discussing her actions and his response.

Aim: Mr Jordon gets out his pistol to shoot the laptop
Punishment: Mr Jordan starts to fire at the laptop

Aim: Mr Jordan gets out his pistol to shoot the laptop, left, which he has placed in the dirt and grass - before he starts to fire at it, right, shooting nine bullets including one from Hannah's mother

Daddy dearest: Tommy Jordan released a long statement through his Facebook page on feedback he's getting over the YouTube sensationDaddy dearest: Tommy Jordan released a long statement through his Facebook page on feedback he's getting over the YouTube sensation

He wrote: ‘After she’d had time to process it and I’d had time to process her thoughts on the matters we discussed, we were back to a semi-truce… you know that uncomfortable moment when you’re in the kitchen with your child after an argument and you’re both waiting to see which one’s going to cave in and resume normal conversation first?’

He also said she was ‘astounded’ by the hundreds of comments, thousands of shares, and millions of views of the video.

CBS even called to offer him a TV show, he said.

From the media statement, it would appear that Hannah has calmed down over having her laptop shot, and has also learned the consequences of a single post - both hers on Facebook and her father’s on YouTube.

Mr Jordan wrote: ‘She’s seen first-hand through this video the worst possible scenario that can happen.’

Since the video has become viral, Mr Jordan has written a series of posts on his Facebook page, saying that he's not an awesome parent, nor a hero of any kind, just a 'normal guy with a reasonable moral compass that I try very hard to keep pointed North.'

He has said that the video has since been monetized to pay for attorney’s fees, as many people have tried to impersonate, duplicate, and otherwise copy his video.

In the long written response, he says he refuses to talk to the media as he believes benefiting from the ordeal would send the wrong message to his teen daughter.

The message in question: Tommy Jordan sat in a wooden chair with his daughter's rant and read it in its entiretyThe message in question: Tommy Jordan sat in a wooden chair with his daughter's rant and read it in its entirety

He writes: 'There's absolutely NO way I'm going to send my child the message that it's OK to gain from something like this.

'It would send her a message that it's OK to profit at the expense of someone else's embarrassment

Mr Jordan also lifts the lid on his daughter's reaction when she discovered the video, calling it 'a horrible day in her life'. 

He said that she 'had her crying fit, then got over it, accepted her punishment, and hasn’t let it (or people’s comments) destroy her strength'. He added that they had read through comments from viewers together and have been able to joke about the incident.

Mr Jordan also revealed how he discovered his daughter's scathing post - denying that he had been snooping through her account.

Instead, he explained that Hannah had blocked 'Family' and 'Church' friends from seeing the post - but had forgotten the family had created an account for its dog, which they would update with photos.

'If I did something embarrassing to my parents in public (such as a grocery store) I got my tail tore up right there in front of God and everyone, right there in the store. I put the reprisal in exactly the same medium she did, in the exact same manner'

Tommy Jordan

So when Mr Jordan signed into the dog's account to add pictures, the post came up on the page, as Hannah had not listed her pet as 'Family'.

Despite receiving abusive emails about his parenting choices, Mr Jordan said in the statement that he stood by his video, saying 'that's how I was raised'.

'If I did something embarrassing to my parents in public (such as a grocery store) I got my tail tore up right there in front of God and everyone, right there in the store,' he said. 'I put the reprisal in exactly the same medium she did, in the exact same manner.'

He added that the stunt was intended to show her that she cannot take possessions and her parents money for granted, claiming the video had been 'very effective'.

It had reminded her that whatever she writes on Facebook or other social networking sites will be there to haunt her in years to come, he added.

The video, in which Mr Jordan reads his daughter's post to the camera and responds to her complaints before shooting her laptop, went viral earlier this week.

He begins by reading out his daughter’s post from a computer print-out, explaining ‘since you want to hide it from everyone, I’m going to share it with everybody’.

Irreparable: He shoots nine bullets into the computer, which he tells Hannah she will have to pay for as well

Irreparable: He shoots nine bullets into the computer, which he tells Hannah she will have to pay for as well

Mr Jordan mocks his daughter for thinking her parents would not be able to see the post because of her Facebook privacy settings, ignoring the fact that he works in IT for a living.

In the post, Hannah says she should be paid for the chores she does around the home and attacks her parents for overworking her.

 

Mr Jordan laughs at this suggestion, pointing out what an easy life she gets in comparison to what he had to endure growing up. She moans about waking up at 5am and go to bed at 10pm.

BEST LINES FROM TOMMY JORDAN

  • 'Pay you for the chores... seriously? Pay you for chores that you're supposed to do around the house?'
  • 'You come home from school and you have a list of chores that are on the wall because you can't remember them if you don't'
  • 'Your responsibilities include waking up on time and getting on the bus. That's the end of your responsibilities each day'
  • 'If you have any laundry of your own, do it. And if your bed is unmade, do it. You don't have to do my laundry, you don't have to make my bed, you don't have to make the guest bed'
  • 'Are you out of your mind? You are 15, going on 16 years old. You want things for your laptop... you want a new iPod - but you won't get off your lazy ass to even look for a job'

 

 

Then after about seven minutes addressing the camera to berate Hannah, he stands up and blows holes through the laptop.

‘That right there is your laptop’, he says in a YouTube video, pointing a camera at a computer lying in a patch of dirt on the ground.

‘This right here is my .45,’ he says, moving a pistol into the frame.

He cocks the weapon and shoots nine rounds into the laptop. The video entitled ‘Facebook Parenting: For the Troubled Teen’ is dedicated to his rebellious daughter.

It’s also aimed at ‘all her friends on Facebook who thought that her little rebellious post was cute, and for all you parents out there who think your, you know, kids don’t post bad things on Facebook’.

He rounds off by saying: 'Oh yeah and after that comment you made about your mom, your mom told me to be sure I put one in there for her. So…that one's from her.'

'Maybe a few kids can take something away from this,’ Mr Jordan writes in the video description.

‘If you’re so disrespectful to your parents and yourself as to post this kind of thing on Facebook, you’re deserving of some tough love. Today, my daughter is getting a dose of tough love.’]

He said he found her hidden Facebook post while upgrading her computer. He completes his lesson by saying: ‘You can have a new laptop when you buy a new laptop and when you pay me back the $130 for the software I spent on yours.

‘I hope you’ve enjoyed your little fiasco on Facebook. I hope it was worth all this.' The video has been watched around 1.5million times since it was posted just two days ago.

Crumpled: After reading his daughter's rant bemoaning her chores, Mr Jordan crumpled the paper in his handCrumpled: After reading his daughter's rant bemoaning her chores, Mr Jordan crumpled the paper in his hand

Mr Jordan has since written on Facebook that the attention has helped him and his daughter 'deal with it' and insisted Hannah is fine, saying they both laughed about the video going viral.

But he admitted: 'I’ll agree that wasn’t a good example of me as a father. I had been reading that post again and again for about an hour, sometimes in tears, other times so mad my hands were shaking.

'I was trying very hard to be civil in my message,' Mr Jordan said, reported Fox News. 'I slipped in that and said a word I shouldn’t have. I deserve a little backlash for that, no doubt.'

'THERE'S NO WAY WE WILL GAIN FROM THIS': JORDAN'S FULL STATEMENT

Attention Media Outlets

While we appreciate the interest you're all putting forth to get in touch with us regarding the video, we're not going to go on your talk show, not going to call in to your radio show, and not going to be in your TV mini-series.

Some of you think I made an acceptable parenting decision and others think I didn't. However, I can't think of any way myself or my daughter can ...respond to a media outlet that won't be twisted out of context. The Dallas news TV news already showed that in their brief 5 minute interview with the psychologist.

Additionally, there's absolutely NO way I'm going to send my child the message that it's OK to gain from something like this. It would send her a message that it's OK to profit at the expense of someone else's embarrassment or misfortune and that's now how I was raised, nor how she has been raised.

So I say thank you from all of us. If we have anything to say, we'll say it here on Facebook, and we'll say it publicly, but we won't say it to a microphone or a camera. There are too many other REAL issues out there that could use this attention you're giving us. My daughter isn't hurt, emotionally scarred, or otherwise damaged, but that kind of publicity has never seemed to be to have a positive effect on any child or family.

If you're a news outlet that wants to ask us a question, feel free to so via email. I'm sure by now my email address is easy enough to find. It might take me awhile to get to a response because I'd have to sort through the "Die you bastard" emails to find it, but we will respond if its something that we feel merits it. Otherwise, sorry... no interviews, no talk shows, no call-ins.

If we respond to anything, it will be on here, and it will be in a way that our words can't be misconstrued or edited for appeal to specific audience or shock value.

Now, I'm going to try to get to work for the day. Best of luck to all of you out there... and PLEASE give my phone a break.

HOW HANNAH GOT CAUGHT

The Dog Did It.. no, really.

I finally came out and told her this today, partly because it was too funny NOT to share.

When my daughter made her post, she used Facebook's privacy settings to block "Family" and "Church" friend's lists. All her other friends could see it. We, of course could not.

One of our dogs is always getting in photos and therefore has her own Facebook pa...ge. It's just a cute dumb thing we did for fun. Well, the dog's profile is rarely used except when funny pictures of her are posted. Since that's not too often, and she has very few friends on Facebook, her wall is kind of bare, with relatively few posts showing up on it.

The other night we gave the dog a bath and there was a funny photo we uploaded to Facebook and tagged her in. I logged in as the dog the next morning to comment on the photo. However when I logged into the dog's profile, my daughter had forgotten to add her to the "family" list.... so our family dog's profile showed her post right there on the front page.

It wasn't any parent-hacking, computer spying, or monitoring of any kind.. the dog actually ratted her out completely by accident. She hasn't petted that dog all day today...

HANNAH'S REACTION

For those that wondered, commented, criticized, and just in general wanted to know: My daughter came through it fine.

Yes, she's in trouble, and yes she's grounded, but that doesn't mean every moment of her life has to be miserable. She's going to come to terms with the changes that will be present for a while; no TV privileges, no Internet, etc.

In the meantime, once the initial anger passed,... she sat with me reviewing some of the comments that have come in via Facebook and YouTube. One person even suggested collecting the shell casings and auctioning them on eBay. I said I’d do it if it would help contribute to her college fund! When I told her about it, she thought a minute, got a funny calculating expression on her face and said, “in that case you should shoot my phone too. We can use more bullets and I’ll go half-sies with ya on it! It’s not like I’m going to need it any time soon. And I can use the money we get to buy a new one.”

While the whole point of this story isn’t funny, what is funny to me is how weak some people out there think kids are. Our kids are as strong as we help them to be. My daughter took a horrible day in her life, had her crying fit, then got over it, accepted her punishment, and hasn’t let it (or people’s comments) destroy her strength. I don’t get any credit for that. She’s strong and able to overcome almost anything life throws at her.

Since this unsuspectingly threw her into the limelight much more strongly than either of us intended, I asked her if she wanted to make her own response video, and told her I’d let her do it if she wanted to. She doesn’t like being in front of the camera, so she declined, but I’ve told her if she wants to write a response or post a video response, I’d be OK with it. It’s only fair considering the viral nature of the whole thing. So far she’s not really interested. Quite frankly it seems she’s gotten bored of it much faster than the general public has. If that changes I’ll post it here.

FREQUENTLY ASKED QUESTIONS:

Media Response to Anita Li, from the Toronto Star

Since you took the time to email us with your requests like we asked, I’ll take the time to give you an honest follow-up response. You’ll have to forgive me for doing so publicly though; again I want to be sure my words are portrayed the way I actually say them, not cut together to make entirely different points.

Your questions were: Q: Why did you decide to reprimand your daughter over a public medium like YouTube?

A: Well, I actually just had to load the video file itself on YouTube because it’s a better upload process than Facebook, but the intended audience was her Facebook friends and the parents of those friends who saw her post and would naturally assume we let our children get away with something like that. So, to answer “Why did you reprimand her over a public medium like Facebook” my answer is this: Because that’s how I was raised. If I did something embarrassing to my parents in public (such as a grocery store) I got my tail tore up right there in front of God and everyone, right there in the store. I put the reprisal in exactly the same medium she did, in the exact same manner. Her post went out to about 452 people. Mine went out to about 550 people… originally. I had no idea it would become what it did.

Q: How effective do you think your punishment was (i.e. shooting her laptop and reading her letter online)?

A: I think it was very effective on one front. She apparently didn’t remember being talked to about previous incidents, nor did she seem to remember the effects of having it taken away, nor did the eventual long-term grounding seem to get through to her. I think she thought “Well, I’ll just wait it out and I’ll get it back eventually.” Her behavior corrected for a short time, and then it went back to what it was before and worse. This time, she won’t ever forget and it’ll be a long time before she has an opportunity to post on Facebook again. I feel pretty certain that every day from then to now, whenever one of her friends mentions Facebook, she’ll remember it and wish she hadn’t done what she did.

The second lesson I want her to learn is the value of a dollar. We don’t give her everything she asks for, but you can all imagine what it’s like being the only grandchild and the first child. Presents and money come from all sides when you’re young. Most of the things she has that are “cool” were bought or gifted that way. She’s always asked for very few things, but they’re always high-dollar things (iPod, laptop, smartphone, etc). Eventually she gets given enough money to get them. That’s not learning the value of a dollar. Its knowing how to save money, which I greatly applaud in her, but it’s not enough. She wants a digital SLR camera. She wants a 22 rifle like mine. She wants a car. She wants a smart phone with a data package and unlimited texting. (I have to hear about that one every week!)

She thinks all these things are supposed to be given to her because she’s got parents. It’s not going to happen, at least not in our house. She can get a job and work for money just like everyone else. Then she can spend it on anything she wants (within reason). If she wants to work for two months to save enough to purchase a $1000 SLR camera with an $800 lens, then I can guarantee she’ll NEVER leave it outside at night. She’ll be careful when she puts it away and carries it around. She’ll value it much more because she worked so hard to get it. Instead, with the current way things have been given to her, she's on about her fourth phone and just expects another one when she breaks the one she has. She's not sorry about breaking it, or losing it, she's sorry only because she can't text her friends. I firmly believe she'll be a LOT more careful when she has to buy her own $299.00 Motorola Razr smartphone.

Until then, she can do chores, and lots and lots of them, so the people who ARE feeding her, clothing her, paying for all her school trips, paying for her musical instruments, can have some time to relax after they finish working to support her and the rest of the family. She can either work to make money on her own, or she will do chores to contribute around the house. She’s known all along that all she has to do is get a job and a lot of these chores will go away. But if you’re too lazy to work even to get things you want for yourself, I’m certainly not going to let you sit idly on your rear-end with your face glued to both the TV and Facebook for 5 to 6 hours per night. Those days are over.

Q: How did your daughter respond to the video and to what happened to her laptop?

A: She responded to the video with “I can’t believe you shot my computer!” That was the first thing she said when she found out about it. Then we sat and we talked for quite a long while on the back patio about the things she did, the things I did in response, etc.

Later after she’d had time to process it and I’d had time to process her thoughts on the matters we discussed, we were back to a semi-truce… you know that uncomfortable moment when you’re in the kitchen with your child after an argument and you’re both waiting to see which one’s going to cave in and resume normal conversation first? Yeah, that moment. I told her about the video response and about it going viral and about the consequences it could have on our family for the next couple of days and asked if she wanted to see some of the comments people had made. After the first few hundred comments, she was astounded with the responses.

People were telling her she was going to commit suicide, commit a gun-related crime, become a drug addict, drop out of school, get pregnant on purpose, and become a stripper because she’s too emotionally damaged now to be a productive member of society. Apparently stripper was the job-choice of most of the commenters. Her response was “Dude… it’s only a computer. I mean, yeah I’m mad but pfft.” She actually asked me to post a comment on one of the threads (and I did) asking what other job fields the victims of laptop-homicide were eligible for because she wasn’t too keen on the stripping thing.

We agreed we learned two collective lessons from this so far:

First: As her father, I’ll definitely do what I say I will, both positive and negative and she can depend on that. She no longer has any doubt about that.

Second: We have always told her what you put online can affect you forever. Years later a single Facebook/MySpace/Twitter comment can affect her eligibility for a good job and can even get her fired from a job she already has. She’s seen first-hand through this video the worst possible scenario that can happen. One post, made by her Dad, will probably follow him the rest of his life; just like those mean things she said on Facebook will stick with the people her words hurt for a long time to come. Once you put it out there, you can’t take it back, so think carefully before you use the internet to broadcast your thoughts and feelings.

 

WHAT DID HANNAH WRITE IN HER ORIGINAL POST? THE FULL TRANSCRIPT

To my parents,

I'm not your damn slave. It's not my responsibility to clean up your s**t. We have a cleaning lady for a reason. Her name is Linda, not Hannah.

If you want coffee, get off your ass and get it yourself. If you want a garden, shovel the fertiliser yourself, don't sit back on your ass and watch me do it. If you walk in the house and get mud all over the floor that I just cleaned, be my guest, but clean it up after you are done getting s**t everywhere.

I'm tired of picking up after you. You tell me at least once a day that I need to get a job. You could just pay me for all the s**t that I do around the house. Every day when I get home from school, I have to do dishes, clean the counter tops, all the floors, make all the beds, do the laundry and get the trash. I'm not even going to mention all the work I do around your clinic.

And if I don't do all that every day, I get grounded. Do you know how hard it is to keep up with chores and schoolwork? It's freaking crazy.

I go to sleep at 10 o'clock every night because I am too tired to stay up any longer and do anything else. I have to get up at five in the morning, to get ready for school. On the weekends, I have to sleep with my door locked so my little brother won't come get me up at six.

I'm tired of this bulls**t. Next time I have to pour a cup of coffee, I'm going to flip s**t. I have no idea how I have a life. I'm going to hate to see the day when you get too old to wipe your ass and you call me, asking for help. I won't be there.

Signed, Your Pissed Kid, Hannah

Source:

Florida House Bill 549 and Florida Senate Bill 748: Florida’s New Proposed Alimony Laws

States throughout the nation are revisiting their Alimony Laws and Florida is no different. Late last year, Florida Representative Ritch Workman and Senator Diaz de la Portilla filed similar bills that would change how alimony is calculated. Representative Workman filed Bill 549 and Senator Portilla filed Bill 748. See: http://www.flsenate.gov/Session/Bill/2012/748

Those who oppose the Bill

Critics of the new piece of legislation stated that the new bill might pigeonhole women and men into relationships they do not want to be in anymore, because they may not be able to financially support themselves, thereby possibly having to stay in an unhealthy marriage. Currently, if there is a need for alimony and the other party can pay alimony, than alimony may be granted. In the current form, the bill would end permanent alimony; however, one can still receive payments for a certain time period.

Those who support the Bill

Supporters, such as the Florida Alimony Reform Organization, support the new legislation                                                                             ( http://www.floridaalimonyreform.com/florida-alimony-reform-bill-2012-hb549-sb748.htm). Supporters of the bill argue that it is not fair for a person to pay alimony for the rest of that person’s life and there has to be some point of “end time,” similar to child support. Currently, child support payments generally end at the age of 18 or 19, depending on high school graduation.

My Thoughts

I do believe that there should be some change to the Alimony Laws on the books, however, how far that change should go is the question. Currently there is language in the SB 748 that states:

 

The court must reduce or terminate an award of alimony if it determines upon specific written findings by the court that since               the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a                                 person with whom the obligee resides.

This proposed portion of the law makes sense if a party moves on with his or her life, and supports that the financial support from the ex-spouse should change as well. However, supportive relationship is defined a

A person is deemed to maintain a supportive relationship when he or she shares a primary residence together with or without            another person for a period of at least 3 continuous months in a common household.

I do not know if 3 months is enough time to modify or terminate alimony and establish that a supportive relationship has been established. However, the SB 748 states:

If an alimony award has been modified to terminate due to a supportive relationship and that supportive relationship does not             produce a marriage, the obligee is not  entitled to reinstatement of alimony from the obligor.

In the end, either side, supporters or non-supporters, will have valid arguments and finding that happy medium will be key; however, the best thing both parties should do before getting married to plan ahead for such concerns is enter and sign a PRENUPITAL AGREEMENT.

 

 

 

Domestic Violence and Divorce

DV PSA  ( Video Click on the Link )

My spouse has been physical with me

More than often I hear potential clients or my clients make the statement, “ my spouse has been physical with me but I never reported it.” As an attorney who practices family law, the incidents of domestic violence are not a rare occurrences; domestic violence is a form of abuse that is pervasive and unpredictable. If your spouse hits you, you need to report it. Sounds simple, but people always come up with reasons not to report the abuse. If your spouse hits you, statistically it will not be the last time. People who commit physical abuse towards their spouse need help.

Divorce and Kids

Sometimes people with kids are hesitant to call the cops because of the kids the couple may have together. However, this reasoning may not work well if there is a dissolution of marriage action filed. Under the best interest standard, the court will look at incidents of domestic violence when determining time-sharing and parental responsibility. Florida Statute 61.13 states

“Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.”

It is important not only to contact the police if there is an issue of domestic violence but also, to document (take pictures, videotape, etc.). Remember that taking those steps are not just for your safety but for the safety and well being of your children.

Prop 8, Florida, and the United States Supreme Court- Oh My!!!!

Prop 8: Just One Level Below the US Supreme Court Both sides vigorously argue that they are right and the people stand with them. However, 2 out of 3 judges ruled that Prop 8 was unconstitutional.

Judge Reinhardt wrote:

"Proposition 8 operates with no apparent purpose but to impose on gays and lesbians, through the public law, a majority's private disapproval of them and their relationships," Judge Stephen Reinhardt

 

What does Florida say about same sex marriage?

Under Florida Statute 742.212 it states,

“Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.

The statute further goes on to say:

For purposes of interpreting any state statute or rule, the term “marriage” means only a legal union between one man and one woman as husband and wife, and the term “spouse” applies only to a member of such a union.

 United States Supreme Court Showdown

 If the U.S.  Supreme Court grants certiorari for the Prop 8 case then the Florida Statute 742.212 may be in jeopardy. However, like many legal analysts have stated the chances of the U.S. Supreme Court taking the case on will be unlikely.

Maury....You ________ the Father!!!!!!!!!!!!

 

 

In the State of Florida, Paternity can be established through a variety of means. One way is governed by Florida Statute 742.12  Scientific testing to determine paternity.--

“In any proceeding to establish paternity, the court on its own motion may require the child, mother, and alleged fathers to submit to scientific tests that are generally acceptable within the scientific community to show a probability of paternity. The court shall direct that the tests be conducted by a qualified technical laboratory.”

Through Marriage

Any child born during the course of an intact marriage raises a presumption that the husband is the legal and biological father of the child and as a result all of the rights and obligations fall on the husband. This type of paternity can be overcome but remember it is public policy to make sure that each child has a “Father.”

Boyfriend / Girlfriend / Child Support

This is the type of case that I see quite often. Boyfriend and Girlfriend are together and boyfriend signs the birth certificate and along with the girlfriend provides support for the minor child. After a while the parties decide to break up and one party applies for public assistance. At that time, the Department of Revenue will get involved to make sure the parent who is applying for public assistance is receiving the necessary child support payments. During the relationship, or after DOR is involved, paternity is generally established, because before child support is placed on someone paternity has to be determined.

Contested Divorce- We Can't Agree!!!

What is a contested divorce? In a Contested Divorce, one of the parties is a Petitioner and one of the parties is a Respondent. In a contested divorce the parties have not reached an agreement as to the division of their property, responsibility for marital debts, or issues involving the children.

What Happens?

After the proper pleadings and other documentation are filed with the court and served upon each party the court will generally send the parties to mediation. Mediation is where both parties, along with their counsels, sit down with a third party, the mediator, and try to reach an agreement. The great thing about mediation is both parties have control over the process and can make decisions they feel comfortable with.

Mediation is a Bust

If a compromise is not reached in mediation then any issues that are left unresolved will be taken in front of a judge and a determination will be made. Both parties will be able to call witnesses, experts, certified divorce analysts, and other individuals to prove their case. After all of the evidence is heard, the judge will make a decision on what needs to happen for every issue that is contested.