tag:typepad.com,2003:weblog-137406 2013-05-08T16:28:13-04:00 Jeanne Hannah Traverse City Family Lawyer discusses child custody, divorce, international and interstate parental kidnapping, military family issues, and other family law news and views. TypePad tag:typepad.com,2003:post-6a00d8341c74da53ef019101e79ca7970c 2013-05-08T16:28:13-04:00 2013-05-08T21:00:41-04:00

Wow! What a cool item for Jeanne's Toolkit. "Son of Citation machine" provides lawyers and professional researchers with a very easy way to properly cite the resources that they use. You may choose your "style"--MLA, APA and Chicago Book of Style (15th Ed.) Use this online citation creator to cite authorities in briefs, journal articles, books, etc.

Jeanne M. Hannah tag:typepad.com,2003:post-6a00d8341c74da53ef01901bef674d970b 2013-05-08T11:29:26-04:00 2013-05-08T11:29:26-04:00

Most states have enacted statutes that permit a tenant who is at risk of domestic violence, sexual assault or stalking to be released from a rental obligation. The tenant seeking release must provide notice of "intent to seek a release and written documentation that the tenant has a reasonable apprehension of present danger to the tenant or his or her child from domestic violence, sexual assault, or stalking."

Jeanne M. Hannah tag:typepad.com,2003:post-6a00d8341c74da53ef01901b99d44b970b 2013-04-26T09:56:51-04:00 2013-04-26T09:56:51-04:00

There were many changes to the Michigan Court Rules that became effective on January 1, 2013. Make sure that you are up to speed on these.

Jeanne M. Hannah tag:typepad.com,2003:post-6a00d8341c74da53ef017eea96d97a970d 2013-04-26T08:34:29-04:00 2013-04-26T08:35:05-04:00

Hors d’oervres, thaumaturgy . . . can I spell those without looking them up? No. But on my iPhone or iPad, I can choose from several handy apps to help me. [Some of these are also available for Androids.]

Jeanne M. Hannah tag:typepad.com,2003:post-6a00d8341c74da53ef017eea669f6c970d 2013-04-19T15:33:47-04:00 2013-04-21T21:12:37-04:00

In an astonishing opinion, Michigan’s Court of Appeals held that the trial court improperly granted a step-parent adoption under the adoption statute, MCL 710.51(6), even though the parent had failed to maintain a regular and substantial parent-child relationship and also had failed to maintain a regular and substantial support relationship, where the parent objected to termination of his parental rights and had joint legal custody under a judgment of divorce.

Jeanne M. Hannah tag:typepad.com,2003:post-6a00d8341c74da53ef017ee9d4ef39970d 2013-04-12T15:57:47-04:00 2013-04-12T19:16:19-04:00

The West Virginia Supreme Court of Appeals has suspended without pay an admittedly intemperate family court judge for four years. This just happens to be the remaining years of Putnam County Circuit Court Family Law Judge William M. Watkins III's term. More than 200,000 viewers have watched a YouTube video of a particularly vituperous rant during a hearing in a family law case.

Jeanne M. Hannah tag:typepad.com,2003:post-6a00d8341c74da53ef017c3837af4c970b 2013-04-01T07:52:00-04:00 2013-04-01T22:38:03-04:00

Most of the family lawyers I know do not draft a Qualified Domestic Relations Order (QDRO) for their clients. QDROs are a pretty technical beasts, and there are many fine Michigan firms that specialize in drafting them. An opinion released by the Michigan Court of Appeals last week is a good example of why drafting of QDROs should be left to an expert. The end result in this case was that Wife No. 1 received 100% of the survivor benefits, including those related to the Payee's pre-marital portion, the marital portion, and everything that accrued afterwards during the Payee's 39-year career at Ford, including during his second marriage.

Jeanne M. Hannah tag:typepad.com,2003:post-6a00d8341c74da53ef017742fa551c970d 2013-03-28T09:47:46-04:00 2013-03-28T09:47:46-04:00

Judge Paul Garfinkel of the 9th Judicial Circuit Family Court, Charleston County, SC, allowed me to share the following comments he made prior to a recent custody trial. As a family law practitioner for over 20 years, I find these words extremely insightful and wise.

Jeanne M. Hannah tag:typepad.com,2003:post-6a00d8341c74da53ef017d42540223970c 2013-03-27T10:58:15-04:00 2013-03-27T17:37:57-04:00

Helmut argued because the child was his biological child, even though his parental rights had been terminated earlier, he was still a “natural parent” and he could not be charged under the kidnapping statute. The court of appeals disagreed and affirmed. In doing so, the COA carefully defined the interpretation of “natural parent,” and held that because Helmut’s parental rights had been terminated, he is not a “natural parent” of the child and he is, therefore, not immune from prosecution under the criminal kidnapping statute.

Jeanne M. Hannah tag:typepad.com,2003:post-6a00d8341c74da53ef017c38047b60970b 2013-03-24T10:19:40-04:00 2013-03-24T10:19:40-04:00

A recent discussion among Michigan lawyers raised the question whether a parent who was subject to the jurisdiction of an adjoining county in an earlier filed child support case could lawfully file a divorce case in an adjoining county. Oddly enough, the Michigan Court of Appeals decided a case just days later holding that, yes, the divorce could be filed in another county.

Jeanne M. Hannah