Thursday, March 30, 2006
RANDY JOHNSON PLAYS HARDBALL WITH MOTHER OF "LOVE CHILD"
The New York Daily News reports that baseball player Randy Johnson is seeking 95 months of child care payments from the mother of his out-of-wedlock-child. It seems that Johnson, who makes &16 Million per year balked when the child's mother requested that he buy the 16 year-old a a car and pay for community college. While it appears from a review of the pleadings that "The Big Unit" is technically correct, one wonders why he would take such aggressive action--especially in view of the fact that he apparently did not support the child for the first nine years of her life.
Greed gets the best of another one. Hopefully, none of our friends will have to appear in Court immediately after Johnson.
The New York Daily News reports that baseball player Randy Johnson is seeking 95 months of child care payments from the mother of his out-of-wedlock-child. It seems that Johnson, who makes &16 Million per year balked when the child's mother requested that he buy the 16 year-old a a car and pay for community college. While it appears from a review of the pleadings that "The Big Unit" is technically correct, one wonders why he would take such aggressive action--especially in view of the fact that he apparently did not support the child for the first nine years of her life.
Greed gets the best of another one. Hopefully, none of our friends will have to appear in Court immediately after Johnson.
Friday, March 24, 2006
SAMBORA SEEKS JOINT "LEGAL" AND "PHYSICAL" CUSTODY
Richie Sambora is pursuing his his parental rights to the fullest extent allowed by law. The Bon Jovi guitarist responded to the divorce petition of his estranged wife Heather Locklear's and requested joint physical and legal custody of the couple's eight-year-old daughter, Ava. Our prediction is that Sambora will obtain the arrangement he is seeking if for no other reason that he has the wherewithal to wage a legal battle. But, should custody determinations be made on the basis of who has the most assets? Unfortunately, it often seems that fathers who can afford to wage family court war receive custody equity whereas those with more modest means are less likely to be awarded joint custody.
Richie Sambora is pursuing his his parental rights to the fullest extent allowed by law. The Bon Jovi guitarist responded to the divorce petition of his estranged wife Heather Locklear's and requested joint physical and legal custody of the couple's eight-year-old daughter, Ava. Our prediction is that Sambora will obtain the arrangement he is seeking if for no other reason that he has the wherewithal to wage a legal battle. But, should custody determinations be made on the basis of who has the most assets? Unfortunately, it often seems that fathers who can afford to wage family court war receive custody equity whereas those with more modest means are less likely to be awarded joint custody.
Wednesday, March 22, 2006
"PATERNITY FRAUD SOUTH CAROLINA STYLE"
Postings at this site chronicle the story of a South Carolina man whose present wife maintains that he is the victim of paternity fraud perpetuated upon him by a former spouse. And, while we are not in a position to comment on the ultimate issues in this case, it is apparent that once someone is saddled with the financial burden associated with paternity, the judicial system provides little or no opportunity for removing that burden. As we have said before, convicted murderers and rapists have more opportunity to prove their innocence than men adjudicated to be fathers.
Tuesday, March 21, 2006
JUSTICE IN TEXAS FOR THE WRONGFULLY CONVICTED
The wrongfully convicted man will have his record expunged and could receive as much as $250,000 from the State of Texas for his wrongful conviction. Additionally, he received an apology from the Court. “I don’t know how to apologize. I don’t know where to start, but I’ll start with me and ‘I’m sorry,”’ District Judge John Creuzot said Monday as he released Gregory Wallis, now 47.
The Associated Press has reported that a man who spent eighteen years behind bars for allegedly attacking a woman in her home has been released after DNA testing excluded him as the attacker.
The wrongfully convicted man will have his record expunged and could receive as much as $250,000 from the State of Texas for his wrongful conviction. Additionally, he received an apology from the Court. “I don’t know how to apologize. I don’t know where to start, but I’ll start with me and ‘I’m sorry,”’ District Judge John Creuzot said Monday as he released Gregory Wallis, now 47.
- This case demonstrates several continuing flaws in the Family Court system in South Carolina;
- Men should be able to utilize DNA tests to disprove paternity;
- Those who are wrongfully confined to jail for contempt should be allowed to recover damages for the wrongful incarceration; and,
- There should be an inexpensive, simple, and expedient method for those confined for civil contempt to expunge their arrest records
Saturday, March 18, 2006
UNWED FATHERS FIGHT FOR RIGHTS
* http://www.nytimes.com/2006/03/19/national/19fathers.html
Much has been written about unwed fathers who seek to avoid their financial obligations to their children. But little has been said about unwed fathers who wish to maintain relationships with their children and the difficulties they often encounter. This New York Times article* sheds some light on a little known phenomenon.
* http://www.nytimes.com/2006/03/19/national/19fathers.html
Tuesday, March 14, 2006
ANGRY JUDGE PUTS TRIAL ON HOLD
The AP has reported that an "angry" judge has placed the trial of the "20th 911" hijacker on hold because the prosecutor was caught coaching witnesses.
Judges are not supposed to display temper tandrums.
And prosecutors are not supposed to coach witnesses.
No wonder people do not trust judges and prosecutors.
What fox is watching this henhouse?
The AP has reported that an "angry" judge has placed the trial of the "20th 911" hijacker on hold because the prosecutor was caught coaching witnesses.
Judges are not supposed to display temper tandrums.
And prosecutors are not supposed to coach witnesses.
No wonder people do not trust judges and prosecutors.
What fox is watching this henhouse?
Monday, March 13, 2006
RULING MIGHT LET CHARTER SCHOOL REOPEN
An article in the Charleston Post and Courier indicates that a charter school shut down by Dorchester School District Two in August of 2004 will be allowed to reopen. The Post and Courier article also indicates that James Academy of Excellence will be seeking thousands of dollars from the County for reimbursement of the construction costs and the costs of running a private school at the same location where the charter school had been scheduled to open.
Previously, it was reported that Dorchester County Sheriff Ray Nash provided "volunteer" inmate labor for this school. Recent developments raise three questions: (1) If the inmates now want the county to pay them for the reasonable value of their services, who will be responsible for doing so--the county, the Sheriff's Office, the school district, or the charter school? (2) Will Sheriff Nash provide "volunteer" labor for the construction of the other schools that are to be built in Dorchester School District Two? and, (3) What will happen if the contractors who lost the James Academy of Excellence construction bid because they did not know that they could use free inmate labor bring lawsuits?
From our standpoint, extreme caution should be taken regarding the use of inmate labor. This is particularly true when the labor pool includes people who are neither convicts nor in contempt and there is no independent system in place to determine whether the labor is provided "voluntarily."
An article in the Charleston Post and Courier indicates that a charter school shut down by Dorchester School District Two in August of 2004 will be allowed to reopen. The Post and Courier article also indicates that James Academy of Excellence will be seeking thousands of dollars from the County for reimbursement of the construction costs and the costs of running a private school at the same location where the charter school had been scheduled to open.
Previously, it was reported that Dorchester County Sheriff Ray Nash provided "volunteer" inmate labor for this school. Recent developments raise three questions: (1) If the inmates now want the county to pay them for the reasonable value of their services, who will be responsible for doing so--the county, the Sheriff's Office, the school district, or the charter school? (2) Will Sheriff Nash provide "volunteer" labor for the construction of the other schools that are to be built in Dorchester School District Two? and, (3) What will happen if the contractors who lost the James Academy of Excellence construction bid because they did not know that they could use free inmate labor bring lawsuits?
From our standpoint, extreme caution should be taken regarding the use of inmate labor. This is particularly true when the labor pool includes people who are neither convicts nor in contempt and there is no independent system in place to determine whether the labor is provided "voluntarily."
Labels: Inmate Labor
Saturday, March 11, 2006
SOUTH CAROLINA SENATE RESOLVES ADULTERY DEBATE
The Associated Press reports that a bill to reform the family court system received key approval Wednesday after senators resolved a long debate on how to handle adultery in divorce cases. Under current law, a spouse that commits adultery during the period of at least a year between the signing of separation and divorce papers is barred from alimony. But, the new bill, as amended during debate, would allow judges to award alimony if the adultery occurs at least one year after the legal separation and did not contribute to the marriage's breakup.
Maybe the old law was "unfair" in some tortured sense of the word. But, given the fact that there are so many areas in Family Court that are crying out for reform, it is a crying shame that this is the best that the Senators can do. People are still being jailed for contempt who have done nothing wrong, child support collection in South Carolina still lags behind, and people are still having to pay child support for children that are not their biological children because they have no standing to "disprove" paternity. But, now the world will be a safer place for adulterers who can go about their business without fear of economic repercussions.
The Associated Press reports that a bill to reform the family court system received key approval Wednesday after senators resolved a long debate on how to handle adultery in divorce cases. Under current law, a spouse that commits adultery during the period of at least a year between the signing of separation and divorce papers is barred from alimony. But, the new bill, as amended during debate, would allow judges to award alimony if the adultery occurs at least one year after the legal separation and did not contribute to the marriage's breakup.
Maybe the old law was "unfair" in some tortured sense of the word. But, given the fact that there are so many areas in Family Court that are crying out for reform, it is a crying shame that this is the best that the Senators can do. People are still being jailed for contempt who have done nothing wrong, child support collection in South Carolina still lags behind, and people are still having to pay child support for children that are not their biological children because they have no standing to "disprove" paternity. But, now the world will be a safer place for adulterers who can go about their business without fear of economic repercussions.
Friday, March 10, 2006
MEN'S RIGHTS GROUP SEEKS TO TERMINATE DUTY OF CHILD SUPPORT
The gist of the argument being advanced by the group is that if a pregnant woman can choose among abortion, adoption, or raising a child, a man involved in an unintended pregnancy should have the choice of declining the financial responsibilities of fatherhood.
While we generally applaud efforts to achieve equality in the parent's rights area, the approach taken in this case seems destined both to fail and to undermine the efforts of other groups with legitimate reform agendas. As a friend of ours said, the plaintiff could have prevented the risk of having to support an unwanted child by either "keeping it in his pants or by having a vasectomy." Under the circumstances, this case looks more like an attempt to avoid responsibility than an attempt to achieve justice. And the pursuit of this type of case is the kind of thing that results in the enactment of laws that limit access to the courts for people with legitimate claims. Hopefully, the plaintiff's lawyers will be sacnctioned a hefty sum and this group will take its harebrained idea to the legislature rather than trying to seek legislation from the bench.
An advocacy group calling itself The National Center for Men has filed a a lawsuit in U.S. District Court in Michigan on behalf of a 25-year-old computer programmer ordered to pay child support for his ex-girlfriend's daughter. The suit, nicknamed "Roe v. Wade for Men," raises the issue of male reproductive rights, contending that lack of such rights violates the U.S. Constitution's equal protection clause.
The gist of the argument being advanced by the group is that if a pregnant woman can choose among abortion, adoption, or raising a child, a man involved in an unintended pregnancy should have the choice of declining the financial responsibilities of fatherhood.
While we generally applaud efforts to achieve equality in the parent's rights area, the approach taken in this case seems destined both to fail and to undermine the efforts of other groups with legitimate reform agendas. As a friend of ours said, the plaintiff could have prevented the risk of having to support an unwanted child by either "keeping it in his pants or by having a vasectomy." Under the circumstances, this case looks more like an attempt to avoid responsibility than an attempt to achieve justice. And the pursuit of this type of case is the kind of thing that results in the enactment of laws that limit access to the courts for people with legitimate claims. Hopefully, the plaintiff's lawyers will be sacnctioned a hefty sum and this group will take its harebrained idea to the legislature rather than trying to seek legislation from the bench.
Thursday, March 09, 2006
'DADDY WARS': FATHERS STRIKE BACK
Jen Brown reports that more fathers are now experiencing conflict regarding balancing work and family than women. In 2002, the Families and Work Institute reported that while women felt about the same level of frustration when it came to balancing work and life over the last 25 years, men's frustration sharply rose -- from 34 percent of men in dual-earning couples reporting a conflict in 1977 to 54 percent in 2002. The institute also found that Generation X fathers spent significantly more time with their children than baby-boomer dads, and that overall, the amount of time men spent with their children each workday had increased by 1.2 hours since 1977 while the amount women spent with their children had remained the same.
Given that Generation X fathers seem to be more involved and more connected with their children than their fathers were, one would think that a father winning custody in a disputed case would no longer be such a rare occurance.
Jen Brown reports that more fathers are now experiencing conflict regarding balancing work and family than women. In 2002, the Families and Work Institute reported that while women felt about the same level of frustration when it came to balancing work and life over the last 25 years, men's frustration sharply rose -- from 34 percent of men in dual-earning couples reporting a conflict in 1977 to 54 percent in 2002. The institute also found that Generation X fathers spent significantly more time with their children than baby-boomer dads, and that overall, the amount of time men spent with their children each workday had increased by 1.2 hours since 1977 while the amount women spent with their children had remained the same.
Given that Generation X fathers seem to be more involved and more connected with their children than their fathers were, one would think that a father winning custody in a disputed case would no longer be such a rare occurance.
Tuesday, March 07, 2006
COURTS FAVOR ANCIENT PATERNITY RULE OVER DNA TESTS
We are not yet convinced that paternity fraud is as widespread a problem as some people seem to think. However, we do think that all paternity fraud is both deplorable and preventable. One reason that paternity fraud persists is that, as Margaret Jacobs writes in the Wall Street Journal, Courts Favor Ancient Paternity Rule Over DNA Tests. However, some states are now enacting legislation that allows litigants to utilize scientific evidence to overcome legal fictions based on public policy. For example, an Ohio Law now allows men who can disprove paternity with a DNA test to terminate their child support obligation. And in California, Innocence Is Now a Defense to a Paternity Action.
Labels: DNA, Paternity Fraud
Monday, March 06, 2006
RECORDS REVIEW RAISES QUESTIONS ABOUT NEW 14TH CIRCUIT JUDGE
According to the article, "When she testified before the Judicial Merit Selection Commission in December, Mullen said she has lived on Hilton Head Island since 2004 and has maintained an office on the island since 2001. But records reviewed by The (Hilton Head) Island Packet appear to be at odds with Mullen's testimony before the panel that reviews the backgrounds of judicial candidates and nominates them for judgeships. The documents show a car owned by Mullen was issued tags in Charleston County in September 2005. They also show she acquired a business license on Hilton Head Island Head less than two weeks ago, despite maintaining a license for her practice in Charleston since 2001, the paper reported in Sunday's edition." According to the Post and Courier, "Mullen's husband, attorney George Mullen, blames the inconstancies on minor slips, like not getting her car registered in time. 'Ideally, it would probably be nice' to update addresses and tax records as soon as necessary, he said. As a practical matter, he asked, 'do people actually go and do that?' ."
* If the link does not open, try logging on to http://www.charleston.net/stories/?newsID=74276§ion=stateregion.
Read the complete article * in the Post and Courier. Of interest is that the defense offered by the judge's husband--also a lawyer.
According to the article, "When she testified before the Judicial Merit Selection Commission in December, Mullen said she has lived on Hilton Head Island since 2004 and has maintained an office on the island since 2001. But records reviewed by The (Hilton Head) Island Packet appear to be at odds with Mullen's testimony before the panel that reviews the backgrounds of judicial candidates and nominates them for judgeships. The documents show a car owned by Mullen was issued tags in Charleston County in September 2005. They also show she acquired a business license on Hilton Head Island Head less than two weeks ago, despite maintaining a license for her practice in Charleston since 2001, the paper reported in Sunday's edition." According to the Post and Courier, "Mullen's husband, attorney George Mullen, blames the inconstancies on minor slips, like not getting her car registered in time. 'Ideally, it would probably be nice' to update addresses and tax records as soon as necessary, he said. As a practical matter, he asked, 'do people actually go and do that?' ."
* If the link does not open, try logging on to http://www.charleston.net/stories/?newsID=74276§ion=stateregion.
Sunday, March 05, 2006
COMMENTARY ON PROPOSED FAMILY COURT REFORM LEGISLATION
We intend to take a stab at a critique of the proposed Family Court Legislation in South Carolina. But for those who want other viewpoints, we suggest that they read Andy Brack's commentary at http://www.statehousereport.com/columns/06.0305.court.htm.
Labels: Family Court Reform
Wednesday, March 01, 2006
THE HAZARDS OF BEING MALE
According to the National Center for Men:
According to the National Center for Men:
- After divorce, men lose custody of their children about ninety percent of the time and seldom receive child support when they win custody.
- A father who seeks custody often finds himself the target of numerous false accusations, an apparently routine feature of modern divorce.
- "No fault" divorce has become a disaster, mostly for men, since most break-ups are initiated by women.
- The economics of divorce is one reason why, according to the United States Census Bureau, female householders have a net worth 141% that of male householders.
- Furthermore, most of the money spent by consumers is spent by women, not by men.
- While men have the burden of earning more money, women spend most of it.
