New Idea: "Fathering Court"

As a domestic relations mediator and GAL, I appreciate what a complex area of law domestic relations is--parenthood is difficult, co-parenting is difficult, and some parents have special barriers to being good parents.  

Judge Milton C. Lee Jr. of the District of Columbia Superior Court recently wrote int the ABA Judge's Journal about the Fathering Court Initiative, over which he presides.  It's an exciting new idea in which a "problem-solving approach" is taken child support, and the focus is

Attachment--A Hot but Frequently Misunderstood Concept

As a domestic relations mediator and Guardian ad Litem, I frequently see parties and attorneys bandying about the concepts of "attachment" and "attachment disorder" for greater leverage in the dispute, and "[t]he concept of attachment can readily tip the scales in custody and parenting-time cases involving infants and young children."   See Pamela S. Ludolph & Mildred D. Dale, Attachment in Child Custody:  An Additive Factor, Not a Determinative One, Family Law Quarterly, Vol. 46, No. 1, Spring 2012.  However, as Ludolph & Dale detail, "attachment is often incompletely understood in both the legal and mental health communities." 

What Do You Tell Your Kids About Divorce?

As a domestic relations mediator, I see my clients struggle with how and when to tell their kids about their upcoming divorce.  I've recently come across a helpful article on the subject by Sol R. Rappaport, Ph.D., a Licensed Clinical Psychologist, in the Summer issue of the ABA's Family Advocate.  Id., Telling Your Children About the Divorce.  Here's some of his excellent comments and suggestions.

Kinship Guardianship Revisited

In my capacity as a domestic relations mediator and GAL, I have previously written about a rather convoluted Kinship Guardianship case, Freedom C. v. Julie Ann D., 2011-NMCA-040, in which the New Mexico Court of Appeals concluded that both parents must meet the grounds of § 40-10B-8(B) relied upon.  In that case, only Mom had consented to the Kinship Guardianship, and the child had resided only without Dad for the 90-day period.  See § 40-10B-8(B)(1) and (3).  However, the Supreme Court has recently reversed the Court of Appeals, concluding that "the Legislature intended that both parents need to satisfy at least one of the three conditions, regardless of whether they satisfy the same condition."  See In re Patrick D., NM Sup. Ct. No. 32,944 (May 30, 2012).

What to Bring to Divorce Mediation

As a domestic relations mediator, I'm often asked "what should I bring to mediation?"  The short answer is, "whatever documents you think you need related to custody, child support and/or property division."  This is not intended to be flip.  However, you know the facts of your own case better than I do--and the level of accord and amicability between yourself and your spouse or partner.  Specifically, what do you think he or she will need to see to accept your claims about salary, your debt, etc.? 

Chatterjee: Domestic Partner Custody Rights Revisited

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I take special interest in unusual court cases involving children.  In an important victory for same-sex parents, the Supreme Court recently reversed the Court of Appeals and held that a domestic partner and non-biological parent had plead sufficient facts to confer standing as a natural parent--and therefore to seek custody--where she alleged she held child out as her own by providing full-time emotional and financial support. Chatterjee v. King, 2012-NMSC-019.

Domestic Advisory Consultation--What is it?

Besides being a domestic relations mediator, I also am a court appointed "Advisory Consultant" for the Thirteenth Judicial District in New Mexico.  In this capacity I meet with parents, meet the children, view their interactions, and make a written recommendation to the Court concerning custody matters.  This is potentially a stressful event to the

Kinship Guardianship Narrowly Applied

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I take special interest in unusual court cases involving children.  In a recent, and rather convoluted case, Freedom C. v. Julie Ann D., 2011-NMCA-040, cert. gran., the New Mexico Court of Appeals rejected use of the Kinship Guardianship Act, NMSA 40-10B-1 et seq., by grandparents living with a parent to divest the other parent of his or her rights.

Custody and Visitation Rights of Domestic Partners

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I take special interest in unusual court cases involving children. In Chatterjee v. King, 2011-NMCA-012 (cert granted Jan. 27, 2011, No. 32,789), the State Court of Appeals has recently issued a controversial and hotly disputed ruling regarding the custody rights of non-adoptive domestic partners.