by Oyster Shell | Mar 19, 2012 | Alabama, Custody, Family Law, Visitation
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.
by Oyster Shell | Apr 5, 2011 | Alabama, Child Support, Children, Custody, Division of Assets, Divorce, Mobile, Significant Decisions
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.
by Oyster Shell | Mar 16, 2011 | Alabama, Children, Custody, Divorce, Family, Family Law, Legal Advice, Mobile, Uncategorized
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.
