January 27th, 2010 | Posted by Leah | Posted in Family Law
CARMEL, IN – January 27, 2010 –JOCHAM HARDEN DIMICK JACKSON, PC, is pleased to announce that Attorney Meg Mercer has joined its Family Law Practice Group.
Ms. Mercer received her Bachelor of Science magna cum laude from Indiana University with a degree in Public Affairs. She received her Juris Doctor from Indiana University School of Law – Indianapolis in 2009. During law school, Ms. Mercer co-authored the June 20, 2008, Indianapolis Bar Association Bench Bar Seminar about social networking sites and their effects on litigation in family court. Truly passionate about family law, she strives to assist families navigating the divorce process by engaging in empathetic practice. As a member of the JHDJ Law team, Ms. Mercer will be assisting in cases involving legal separation or divorce, paternity, parenting time, child support, custody and other family law issues.
Ms. Mercer is admitted to practice law in the State of Indiana and is also a registered civil mediator. She is an active member of the Indiana State Bar Association and the American Bar Association.
JOCHAM HARDEN DIMICK JACKSON, PC provides personalized service with a responsive and compassionate approach. Experienced attorneys offer assertive advocacy for clients complemented by a philosophy focused on minimizing conflict and negotiating resolution. With a dynamic team of professionals, the practice assists clients in all areas of family law, collaborative law, adoption, mediation, business litigation and appeals. For more information, please contact Amber Burton Small at 317.569.0770, or visit http://www.jhdj-law.com.
According to a research study sponsored by Massachusetts Mutual Life Insurance Company, more than 60 percent of business owners have no plan in place to protect their companies in the event of a divorce. Harris Interactive recently published the results from more than 500 business owners in FamilyPreneurship: What Every Entrepreneur Should Know Before Starting a Business with a Family Member.
The report is timely considering the recent recession. Historically, bad economies have been bad for marriages. With divorce rates hovering around 50 percent, it is logical that more divorce attorneys are seeing family and small businesses as assets to be divided in the marital pot. Despite the divorce statistics, few business owners have considered the impact a divorce could have on their bottom line and even fewer have made preparations to protect their interests.
Businesses that are co-owned by divorcing couples face serious risks. Divorce can paralyze the business and cause employees to “choose sides.” Owners may be forced to sell a business with the proceeds divided by the parties depending upon a state’s statutes on property division or a party’s contribution to the business. Even if a business isn’t co-owned by a spouse, a divorce could still lead to division of the business as a marital asset, affecting decision-making and employee productivity. Owners also have to consider the potential threat the distraction of a divorce can have on the profitability of a business. Divorces, especially messy ones, are stressful, emotional and time-consuming. The attention normally paid to management responsibilities may be misdirected. This sobering information was supported by the study which indicated nearly half of the owners who divorced admitted it negatively impacted their businesses.
With those risks in mind, there are some strategies owners may want to consider with the most obvious being to execute a prenuptial agreement before marrying. For others who build a business after marriage, they may want to consider a buy-sell agreement (which can be triggered by certain events including divorce), postnuptial agreements or trusts. In order to ascertain the appropriate option, an owner should consults with a financial professional experienced in risk-management and wealth-preservation as well as an attorney experienced in family law and/or business break-ups, often referred to as “business divorces.”
The month of January is notorious among family law attorneys as “divorce month” representing the largest volume of new divorce cases each year. As everyone’s thoughts turn to tax season, business owners need to also consider options to “divorce-proof” their companies.
The above is for informational purposes only should not be considered legal advice. Each case is unique and you should consult an attorney for advice regarding your particular situation. Attorney Jill Dimick Chairs the Business Litigation Practice Group of Jocham Harden Dimick Jackson in Carmel, Indiana. She has twenty years’ experience representing parties in business breakups.
January 20th, 2010 | Posted by Leah | Posted in Adoption
A media flurry resulted today after word spread among Twitter, social networking and discussion boards about the possibility of orphans from Haiti coming to the US. Information and communication out of Haiti is limited and difficult and may contribute to misunderstandings or information which needs to clarified.
Our position:
Since news of the earthquake, the law office of Jocham Harden Dimick Jackson has been inundated with requests for information about the possibility of adopting orphans from Haiti. Attorney Michele Jackson is very involved in the Haitian adoption community and has processed adoptions from Haiti. Families immediately began reaching out to her for information on adoption availability. She has 10 years experience in international adoptions and orphan visas and has been an adjunct faculty member at the IU School of Law, Indianapolis on the subject of international adoption and international family law issues. JHDJ Law is currently representing clients who had started the process for new adoptions PRIOR to the earthquake. We were contacted by members involved with Safe Families as well as other orphanages in Haiti regarding assistance in locating families to host and/or adopt orphans from Haiti. In our adoption programs, we have between 25-50 families who have completed home studies and criminal background checks and are willing to accept children on either a temporary or permanent basis.
Further, the concept of coordinating a “hosting” program or arranging for an influx of a large number of orphans (IF approval is received from Haiti and USCIS) is something with which we are very familiar. Every year Michele arranges for hosting of orphans from foreign countries. One of our most popular programs is from Ukraine. Each year as many as 25-30 orphans are hosted by families in the Central Indiana region. Arranging for travel, translators, accommodations, etc is part of that process.
Because of her extensive experience with international adoption, Michele has worked with USCIS and is very familiar with the various options and processes for orphan travel and orphan visas. Further, Adoption Coordinator and Director of Business Development, Amber Burton Small, reads, speaks and writes French. Michele’s experience is quite unique among attorneys in Indiana and she would be valuable as a resource should the Governor’s office or DCS require assistance in working on this matter. Obviously, nothing of this magnitude has been attempted in the past and this is new ground for everyone. But we are more than willing to offer our professional experience in whatever capacity is necessary.
January 20th, 2010 | Posted by Leah | Posted in Adoption
A media flurry resulted today after word spread among Twitter, social networking and discussion boards about the possibility of orphans from Haiti coming to the US. Information and communication out of Haiti is limited and difficult and may contribute to misunderstandings or information which needs to clarified.
Our position:
Since news of the earthquake, the law office of Jocham Harden Dimick Jackson has been inundated with requests for information about the possibility of adopting orphans from Haiti. Attorney Michele Jackson is very involved in the Haitian adoption community and has processed adoptions from Haiti. Families immediately began reaching out to her for information on adoption availability. She has 10 years experience in international adoptions and orphan visas and has been an adjunct faculty member at the IU School of Law, Indianapolis on the subject of international adoption and international family law issues. JHDJ Law is currently representing clients who had started the process for new adoptions PRIOR to the earthquake. We were contacted by members involved with Safe Families as well as other orphanages in Haiti regarding assistance in locating families to host and/or adopt orphans from Haiti. In our adoption programs, we have between 25-50 families who have completed home studies and criminal background checks and are willing to accept children on either a temporary or permanent basis.
Further, the concept of coordinating a “hosting” program or arranging for an influx of a large number of orphans (IF approval is received from Haiti and USCIS) is something with which we are very familiar. Every year Michele arranges for hosting of orphans from foreign countries. One of our most popular programs is from Ukraine. Each year as many as 25-30 orphans are hosted by families in the Central Indiana region. Arranging for travel, translators, accommodations, etc is part of that process.
Because of her extensive experience with international adoption, Michele has worked with USCIS and is very familiar with the various options and processes for orphan travel and orphan visas. Further, Adoption Coordinator and Director of Business Development, Amber Burton Small, reads, speaks and writes French. Michele’s experience is quite unique among attorneys in Indiana and she would be valuable as a resource should the Governor’s office or DCS require assistance in working on this matter. Obviously, nothing of this magnitude has been attempted in the past and this is new ground for everyone. But we are more than willing to offer our professional experience in whatever capacity is necessary.
January 18th, 2010 | Posted by Leah | Posted in Adoption
FOR IMMEDIATE RELEASE:
Press Contact:
Amber Burton Small
JOCHAM HARDEN DIMICK JACKSON, PC
11450 N. Meridian
Carmel, IN 46032
Phone: 317.569.0770
Email Address: .(JavaScript must be enabled to view this email address)
Web site address: http://www.jhdj-law.com
CARMEL, IN – January 18, 2010 – Attorney Michele Jackson, who chairs the Adoption Practice Group of Jocham Harden Dimick Jackson (JHDJ Law), joined the morning show on WIBC 93.1 to discuss how the earthquake in Haiti is affecting the most vulnerable victims: children in orphanages waiting to be adopted and those who have been orphaned by the disaster.
Following the earthquake, UNICEF reported that as many as 2 million children are at risk, with 380,000 orphans in Haiti. Prior to the earthquake, approximately 300 children were waiting to be adopted by US families. Efforts are now underway to try to obtain special humanitarian visas. Jackson discussed how natural disasters delay the adoption process due to logistical problems and that countries often impose a moratorium following a disaster in order to attempt reunification of children with any surviving family. The irony is that adoptions are delayed when orphans are the most vulnerable. Limited resources in a poverty-stricken nation are even more scarce and many children may lose their window of opportunity for adoption.
Jackson is a founding member of Jocham Harden Dimick Jackson where she offers numerous legal services for domestic and international adoptions including private and agency adoptions, step-parent adoptions, second parent adoptions, and surrogacy contracts. In addition, Jackson offers other international family law services, including adoption contract reviews, international custody, abduction prevention, and orphan visa appeals. Jackson has been an Adjunct Law Professor at the IU School of Law, Indianapolis since January 2005, where she has taught classes on International Comparative Family Law and International Organizations Law. She has also directed seminars and Continuing Legal Education classes on topics such as “How to Pursue International Adoption,” “A Child Without a Family,” and “CHINS in Indiana.” A frequent speaker, Ms. Jackson has addressed audiences in Indiana, Colorado, Florida, Ohio and Illinois.
JOCHAM HARDEN DIMICK JACKSON, PC, is a Carmel law firm providing personalized service with a responsive and compassionate approach. Experienced attorneys offer assertive advocacy for clients complemented by a philosophy focused on minimizing conflict and negotiating resolution. The practice assists clients in all areas of family law, adoption, mediation, business litigation. For more information, please contact Jocham Harden Dimick Jackson, PC at 317.569.0770, or visit http://www.jhdj-law.com.
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January 15th, 2010 | Posted by Leah | Posted in Adoption
International adoptions are often affected by natural disasters. The resources of a country and the US Embassy are refocused on the immediate needs and the processing of international adoptions will be delayed. The country must use all of their efforts toward the immediate needs of the citizens and often the orphan is forgotten (they have no family to help them and their government also forgets them). Nongovernmental Humanitarian efforts are of most importance for orphanages.
Anyone who was currently in the adoption process will likely be delayed. Normal issues that affect international adoption will be compounded: lack of communication, fewer resources, missing paperwork, lack of follow-through, broken chains of command. The reality is that little effort is made to assist them in the adoption. Internal and external resources will be focused on addressing the crisis needs and dealing with the human casualties and restoring basic services. As we are seeing from the footage in the Haiti, one of the most critical issues is caring for the the injured as well as identifying and burying the dead.
If a child’s abandonment paperwork was already completed that will be helpful. However, what limited resources are available will be focused on reintegration of children with their families following the disaster. The fear following this type of disaster in such an impoverished nation is that children will be adopted out and then later their families will be looking for them. Often we find countries will impose a moratorium on all adoptions. This is an effort to provide time to identify all abandoned children and search for their families for the possibility of reunification. Of course this process is usually lengthy, and the children waiting during this time may be at risk or may not be receiving adequate services, not to mention the emotional toll this disaster creates for these “lost” children. Because of concerns about trafficking and exploitation, countries are very resistant following a disaster to encourage international adoption efforts. Of course, no one wants a child to be adopted from a country if the child has family who could care for them. The sad reality, though, is that many orphans will miss the opportunity to be adopted due to a moratorium. These types of tragedies only intensify the orphan crisis in our world. At a time when orphans need international adoption the most, the fears associated with trafficking and improper adoptions hinder adoption for everyone involved. Balancing and protecting all the human rights of the orphan during these times is a difficult task.
Many people become interested in adopting from a country following a natural disaster (this was the case following the Asian tsunami in 2004). It is part of human nature to be moved by the tragedy and its effects, especially on the most vulnerable members of a population. While this helps bring awareness to international adoption, the interest does not overcome the inherent problems which are now compounded by further humanitarian crises. In the best circumstances, international adoption can be a time-consuming process. Without adequate infrastructure and resources, little progress will be made. The few resources that were available to care for orphans prior to the disaster will now be stretched even thinner to accommodate children who were orphaned by the earthquake. Despite this pressing, need, it is likely that any children whose parents died in the earthquake will not be available for adoption for some time (possibly years).
One thing to note: adoptions from Haiti prior to this tragedy were already difficult. Most adoptions were attempted independently, with the process sometimes taking years; others were unsuccessful. We know that Haiti was fraught with corruption and hampered by a disorganized bureaucracy. It is very hard to understand why adoptions of these most vulnerable children are so difficult. However, there are so many issues to consider from the perspective of the parent nation: government, culture, resources, travel, national pride and religion, all of which may affect not only the acceptance of adoption, but also the management and implementation of programs to support it. For most of us, we see a need and want to help. People interested in adoption or active in adoption advocacy are often motivated by faith or personal commitment to helping children in crisis. While these disasters can be extraordinarily frustrating, there are opportunities to learn and improve processes. But there are no easy solutions.
As of January 15, 2010, the US State Department has not made an official notice/alert on Haiti adoptions yet. In addition to the financial and humanitarian aid, there may be some options to draw attention to the plight of Haitian orphans and children at risk. Utilizing the social media sites such as Twitter and Facebook may help as we have seen those mediums be even more effective than traditional reporting in this tragedy. Also, it may be helpful to lobby senators and congressional representatives to request humanitarian visas for children who were in process.
Attorney Michele Jackson chairs the Adoption Practice of Jocham Harden Dimick Jackson, offering numerous legal services for domestic and international adoptions including private and agency adoptions, step-parent adoptions, second parent adoptions, and surrogacy contracts. In addition, Ms. Jackson also offers other various international family law services, including adoption contract reviews, international custody, abduction prevention, and orphan visa appeals. She is experienced in processing adoptions from Haiti and maintains contacts in the country.
In addition to her legal practice, Ms. Jackson has been an Adjunct Law Professor at the IU School of Law, Indianapolis since January 2005, where she has taught classes on International Comparative Family Law and International Organizations Law. She has also directed seminars and conferences as well as Continuing Legal Education classes on topics such as “How to Pursue International Adoption,” “A Child Without a Family,” and “CHINS in Indiana.” A frequent speaker, Ms. Jackson has addressed audiences in Indiana, Colorado, Florida, Ohio and Illinois.
JOCHAM HARDEN DIMICK JACKSON, PC, is a Carmel law firm providing personalized service with a responsive and compassionate approach. Experienced attorneys offer assertive advocacy for clients complemented by a philosophy focused on minimizing conflict and negotiating resolution. The practice assists clients in all areas of family law, adoption, mediation, business litigation. For more information, please contact Jocham Harden Dimick Jackson, PC at 317.569.0770, or visit http://www.jhdj-law.com.
Carmel Family Law Attorney and Mediator, Stephenie Jocham recently discussed cases involving children and cyberbullying on “Your Time with Kim Iverson” a nationally syndicated radio broadcast which airs locally on WZPL 99.5.
Listen to the show: SSJ_on_Kim_Iverson-Cyberbullying.mp3
Ms. Jocham is a founding member of JOCHAM HARDEN DIMICK JACKSON, PC, where she practices in the areas of family law and civil litigation and chairs the firm’s Alternative Dispute Resolution section. A registered domestic and civil mediator, she focuses on mediation, arbitration and collaborative law for divorce and other family law caes. She earned her Juris Doctor from the Indiana University School of Law at Indianapolis and her undergraduate degree from Saint Mary-of-the-Woods College. She is a frequent author and speaker on family law issues, including cyber speech and the liability that can result when people express themselves online.
JOCHAM HARDEN DIMICK JACKSON, PC, is a Carmel law firm providing personalized service with a responsive and compassionate approach. Experienced attorneys offer assertive advocacy for clients complemented by a philosophy focused on minimizing conflict and negotiating resolution. The practice assists clients in all areas of family law, adoption, mediation, and business litigation. For more information, please contact Amber Burton Small at 317.569.0770, or visit http://www.jhdj-law.com.
“Cyberbullying” is a new term in our vocabulary, one that has social and legal definitions. The term was developed to address a form of harassment somewhat similar to the old concept of the school yard bully, but with actions confined to digital and technical forms of communication such as internet, texting, and email communication. This term is typically limited to only describe interactions between minors, which are intended to bully, harass, threaten, humiliate or demean another child or teen. If an adult is involved in the interaction, the term is referred to as cyberharassment or cyberstalking.
Perhaps the most well-known case involving online harassment is the case of Megan Taylor Meier, who committed suicide as a result of bullying by Lori Drew, the mother of a classmate of Megan’s. Drew impersonated a teenage boy pretending to care about Megan. Once trust was gained, Drew began bullying and humiliating Meier, who had a history of depression and self-esteem issues. Meier’s parents learned about the impersonation and contacted authorities about Drew’s activities. The FBI investigated for nearly one year and in 2008, subsequently charged Drew with three counts of felony unauthorized computer access, under the Computer Fraud and Abuse Act. The charges were the first in the country in a cyber-bullying case. Drew was ultimately acquitted of the more serious charges and convicted of misdemeanors, receiving only probation and a fine. Her attorneys are appealing the decision claiming that Drew’s actions violating terms of service are not criminal.
Other types of cyberharassment or cyberstalking have occurred, with cases involving adults who have met on chat sites or internet dating sites. These cases may involve a series of repeated communications or actions through a digital, online or technical form of communication including instant messaging, discussion boards or online forums. The actions may be anything from defamatory or derogatory comments to sending unsolicited emails or viruses. As with cyberbullying, the intent is to harass, intimidate or threaten another adult. These types of cases have been referred to as “mental assault.” Other examples of cyberharassment have included parents in heated custody disputes who have taken to the internet to criticize their former spouses or in some cases, the ex’s new significant other. These actions can have serious detrimental effects to the harassing party, with court’s accepting information from social networking sites, emails and texts as evidence in cases.
One thing cyberbullying is not is any situation in which an adult solicits or lures a minor for sexual exploitation.
The effects of cyberbullying are often cumulative as most occurrences are rarely single communications. Usually, it involves multiple interactions or communications, which may escalate. In many situations minors involved are using lewd or inappropriate language, which is tantamount to a game of name-calling in a more sophisticated medium. However, in some situations, the taunts have become threats of bodily harm or death, which are obviously more serious than posts intended to embarrass or humiliate.
With the precedence of the Drew case, cyberbullying or cyberharassment may result in misdemeanor or felony charges. If a minor is involved in cyberbullying, he or she may be charged with juvenile delinquency. In typical cases which have not escalated, it is more common to see email, text or instant messaging accounts suspended or closed for violation of service terms of the provider or host. If password theft or hacking was involved in any cyber crime, it may lead to more serious charges with greater penalties due to violation of other state and federal laws protecting identity.
Schools are drawn into the enforcement of cyberbullying since it is a progression of traditional bullying which occurs within the school dynamic. However, lawsuits resulted from schools attempting to discipline students or enforce for behavior which took place away from school or outside of school hours. Thos suits have alleged the school’s actions violated a student’s free speech right. They also, often lose. However, parents whose children have been victims of cyberbullying have consistently implored schools to assist in enforcement and education to prevent cyberbullying. Another term to come out of this developing area is cyberethics, which more schools are implementing in student handbooks. Schools have been successful in litigation by asserting that a student’s off-campus activities may be disciplined if the activity adversely affects the safety and well-being of a bullied student while in school. Ultimately, the question for schools is whether or not this a contractual or a constitutional issue.
Please contact JHDJ Law at 317-569-0770 or .(JavaScript must be enabled to view this email address) for more information about cyberbullying or this blog post.
The above is for informational purposes only should not be considered legal advice. Each case is unique and you should consult an attorney for advice regarding your particular situation.
