Breaking News: Ex Parte Bayliss Overturned by Alabama Supreme Court
Today, the Alabama Supreme Court has issued an opinion in the case of Ex Parte Christopher, which overturns the landmark case of Ex Parte Bayliss. Bayliss is the case which gave Alabama Courts the authority to order parents to pay post-minority support and contribute to college expenses for their children after they reach the age of majority. Under Alabama law, the age of majority is nineteen (19).
If you are already under a court-ordered obligation to pay post-minority support for the benefit of your child, this decision will not effect you as the Court has stated its opinion overruling Bayliss is only applicable in future cases. If no final order has been entered in your case or it is on appeal, then the decision does apply to you. Parents are still free, of course, to voluntarily agree to pay such expenses.
Testimonial from a Recent Divorce & Custody Client
Below is a testimonial which I received from a client, whom I recently represented on a divorce and custody case. This is posted anonymously and with the client’s permission, of course!
After 2 years of an increasing decline in communication between my wife and I, it became clear to me that a divorce was inevitable. We were married for 7+ years and had 2 children together. I truly believed that our children were much better off in my primary care. I realized that I no longer could speak for myself against her and that I needed solid representation in order to litigate my situation in a court. I chose wisely. Ms. Herlihy is truly a professional. She listened to my concerns for both myself and my children, assisted in formulating the best possible approach to achieve my goals, did extensive research in order to prepare both of us for our objective, and ultimately sat by my side for what was the worst day of my life to date. She had me completely prepared, produced every fact and presented them with perfect legal standard, and ultimately dismantled all testimony against me. I am forever thankful for what she has done for me and my family. In the matter of divorce or child custody, there is no other choice than Alison Herlihy.
Grandparents’ Legal Rights in Alabama Class by Alison Baxter Herlihy
Alison Baxter Herlihy is teaching a continuing education course at the University of South Alabama in Mobile, Alabama, entitled Grandparents’ Legal Rights in Alabama. This class is being taught on Thursday, April 5, 2012 from 6:00 to 8:00 pm. It is designed as a community-oriented course to provide general knowledge to the layperson on the basics of how Alabama law addresses such family law issues as visitation, custody, and adoption for grandparents. For more information or to enroll in this course, go to www.usacontinuinged.com or call (251) 405-9928.
Supreme Court Weighs in on Rights of "Deadbeat" Parents
Michael Turner v. Rebccea Rogers Et Al.
The United States Supreme Court is hearing the case of Michael Turner from South Carolina. Turner was jailed for 12 months for failure to pay $6,000.00 in child support arrearage which he owed. Turner was described as indigent; howver, South Carolina is one of many states, as is Alabama, that does not appoint counsel for indigent Defendants in non-payment of child support actions.
Turner is being represented by a group of pro bono lawyers who have argued that his Sixth Amendment Right to counsel was violated, and that his lengthy incarceration is the equivalent of debtor’s prison. The central legal issue in this case is whether and in what circumstances the state may deprive an individual of his liberty without providing him a lawyer.
Non-payment of child support is generally an issue of civil, as opposed to criminal, contempt, meaning that the Defendant “holds the keys” to his or her jail cell and can become free by making the necessary payment. This position is what Turner’s ex-wife’s attorneys have argued in support of their position that Turner is not entitled to legal counsel in such a proceeding.
The court is expected to render a decision by Summer 2011. The far-reaching effects of this Supreme Court jurisprudence will be interesting to see unfold, as Alabama is currently in a budgetary crisis and experiencing shortfalls in funding regarding the indigent defense that we currently have in place.
The Challenges of Joint Custody with 50/50 Time Sharing
I thought this was an interesting, and timely, article, as true joint custody is an arrangement that more and more parents, particularly younger parents, find desirable, although the legal system has not come around to this way of thinking at this point.
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March 15, 2011 The Challenges of Joint Child Custody with 50/50 Time-Sharing Child custody after legal separation or divorce can be one of the most highly contentious and stressful issues parents face. Time-sharing with the child or children to maintain a relationship with both parents is of paramount concern. In situations where parents have been given shared physical custody, otherwise known as joint child custody, it may not be as simple as splitting the time in half.
New Mexico courts often discourage 50/50 custody schedules, as children may have difficulty with the transitions involved every few days. Young children are especially vulnerable to the stress involved in frequent change. But, even older kids may have difficulty handling the disruptions to their academic, extracurricular and social lives.
If a 50/50 custody schedule is granted, New Mexico courts will still take into account the best interests of the child when considering how this time will be allocated. In fact, several factors may be considered before the final schedule is agreed upon. These factors may include the child’s age, the child’s relationship with each parent, the distance between each parent’s home, the parents’ work schedules and even the child’s schedule of school, sports and other extracurricular activities. Communication between parents is one of the keys to a successful 50/50 custody schedule. Good communication will help avoid interruptions in routine, thereby creating stability for the children, and the parents. It will also help with staying on top of appointments, schoolwork and activities. Consequently, this type of arrangement may not be appropriate in situations where there is a lot of conflict between parents. Nor would this schedule work well for parents who live a great distance from each other.
Remaining mindful of the impact of transitions, considering the best interests of the child, and keeping the lines of communication open are all important things to consider when developing a 50/50 custody schedule. After all, it isn’t just time spent; it’s time spent well. And time well spend it good for the children and the parents alike.