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." 

DNA Testing & Abatement of Child Support

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I occasionally meet men confronting the question of whether they can or should seek belated DNA testing to either challenge, or avoid a child support order.  As a mediator I can only provide legal information (if competent to do so), not legal advice, so I cannot answer that question directly.  However, I often encourage the parent to think of this as not just a legal question, but a personal and moral one

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.

Right to Gay Wedding Photography Protected by HRA

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I am keenly interested in legal cases of first impression involving family and home issues.  In a case involving the intersection of competing personal rights, the New Mexico Court of Appeals recently concluded that a professional wedding photographer's refusal--on personal and religious grounds--to photograph a same-sex commitment  ceremony constitutes a violation of NMSA 1978, Section 28-1-7(F) (2004) of the New Mexico Human Rights Act" (NMHRA or HRA).  See Elane Photography, LLC v. Willock, 2012-NMCA-086, cert. granted. Aug. 16, 2012, No. 33,687.

Willock first filed a discrimination claim against Elane Photography with the Human Rights

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).

Internet Child Porn, Second-hand Viewers, and Victim Restitution

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I take special interest in unusual court cases involving children.  In the September 2012 ABA Journal, Lorelei Laird details the plight of several young women in their 20s who were sexually abused as small children by predators who then put pornographic images of the abuse on the Internet for others to access and enjoy.  Laird poses the question of "should those who download child pornography pay the victims and, if so, how much?"