Archive for the ‘Family Law’ Category
February 8th, 2012 | Posted by Leah | Posted in Custody, Family Law, General Law
This week, we learned of a tragic story out of Utah. Josh Powell, the husband of a missing Utah woman, killed his two sons and himself in an intentional house fire. This horrific act brings up questions about what could have been done to protect these children and the countless others who are caught in a child custody battle.
Powell, who was a suspect in the disappearance of his wife, had lost custody of his sons, yet they were still at his home when he took their lives. Custody in Powell’s case was handled much like many cases — the goal was to remedy the situation that caused the loss of custody while maintaining the relationship of the father and sons. Powell lost custody after his father, Steven Powell, who they were living with, was arrested on child pornography charges in September, police said. Powell had been granted visits with his sons twice per week in his home.
Attorney, Lanae Harden, who chairs the Family Law Practice Group at HARDEN JACKSON, LLC, and has over 15 years experience with Child Custody cases commented that while this situation is very tragic, it is unlikely that a court could have ever predicted something like this. “Unless the child appears in immediate danger and/or the parent has a history of violence, it is very unlikely that a court would not allow the children to have visitation with the parent in their home.” Harden goes on to say “Child custody laws are designed for ‘the best interest of the child’, and typically this means that children should spend time with their parents.”
Read the complete article at: http://www.usatoday.com/news/parenting-family/story/2012-02-07/Powell-tragedy-sparks-questions-about-child-custody/53003130/1
Tags: custody, Lanae Harden, visitation
February 3rd, 2012 | Posted by Leah | Posted in Family Law, General Law, Surrogacy
In recent news, a sperm donor has led to a topic of debate regarding the need to regulate the number of children each sperm donor should be allowed to father. There is growing concern among parents, donors and medical experts about potential negative consequences of having so many children fathered by the same donor, including the possibility that genes for rare diseases could be spread more widely through the population. Another concern is the increased odds of accidental incest between half sisters and half brothers, who often live close to one another.
Critics say that fertility clinics and sperm banks are earning huge profits by allowing too many children to be conceived with sperm from popular donors, and that families should be given more information on the health of donors and the children conceived with their sperm. They also desire legal limits on the number of children conceived using the same donor’s sperm and a re-examination of the anonymity that cloaks many donors.
Although other countries, including Britain, France and Sweden, limit how many children a sperm donor can father, there is no such limit in the United States. There are only guidelines issued by the American Society for Reproductive Medicine (ASRM), a professional group that recommends restricting conceptions by individual donors to 25 births per population of 800,000.
The number of children born through sperm donation is unknown. The estimated number is between 30,000-60,000, perhaps even more. Mothers of donor children are asked to voluntarily report a child’s birth to the sperm bank, but an estimated 20-40% of them actually report the birth. Most families turn to the registry’s web site, donorsiblingregistry.com, for more information about a child’s half brother or half sisters.
The donors are given a number that identifies them and the children or families can look up how many siblings they have if they registered on the website identifying that donor number as their father also.
There are certainly competing interests at stake: the privacy of the sperm donor and the genetic or mental health concerns of the donor child, as well as concerns that the donor’s offspring will be a result of incest relationships and pose health concerns to those fetuses. The question of whose interests win out is still to be decided.
One major issue of liability and child support still remains in many states. Many states do not use the resources of a lawyer with known or unknown sperm donation arrangements. Often the sperm bank (or clinics) use consents and releases to add protection and limit liabilities in the arraignment. In recent years, there has been cases in which sperm donors that did not have a contract or agreement in place, were deemed financially responsible for the child as well as the intended parent(s). While this area of law is still “grey”, it is a hot topic to discuss amongst assisted reproduction professionals (medical and legal). A word to the wise, protect yourself and be sure that the medical facility, doctors, donors and recipients are all aware of the need for legal analysis of the sperm donation arrangement.
Tags: ART, contracts, Michele Jackson, sperm donor
January 11th, 2012 | Posted by Leah | Posted in Divorce, Family Law
Are you considering hiring an attorney? Whether it be divorce, custody, adoption or another legal matter, hiring an attorney can provide guidance through your life’s transitions.
The law office of Harden Jackson offers the following list of important questions to ask an attorney during your initial consultation. These questions can help you choose the best attorney to handle your case. The best attorney isn’t the most expensive or the most experienced. The best attorney is someone who can handle your case in the manner in which you would like and obtain you a fair result at a fair price. It’s critical that you match the experience level and size of the firm your hire with the needs of your case. Know who you are hiring and why you are hiring them. These questions can help you find that person.
Concerning general experience, ask these questions:
1. How many matrimonial cases have you handled?
2. What percentage of your cases are in my county?
3. What percentage of your cases go to trial?
4. How many of these cases involved _____________ [custody, support, business valuations, large financial settlements - whatever issue feels like your major concern]?
5. Are you experienced in ___________ [mediation, arbitration, collaborative divorce, or whatever style of divorce you hope to enter]?
6. Do you have the time to take on a new case now?
7. Do you know the attorney for my spouse?
Ask about day-to-day operations:
1. Who will be assisting you on my case? Can I meet them now?
2. What is the experience of the people assisting you?
3. What work would each member of the team do and what work would you do?
4. Who will attend settlement conferences, meetings, etc.?
5. Who will handle court appearances? What about a trial?
6. If I have questions, whom do I call?
7. What hours are you usually in the office?
8. Do you have any time-consuming trials coming up?
9. Will I get copies of all papers (letters, faxes, legal papers) in my case?
Make sure the fees are clear:
1. What are the billing rates for each team member?
2. Is your fee for trial different from your hourly rate?
3. Do you charge a retainer, and how much is it?
4. What happens when the retainer is used up?
5. Will you keep me informed each month as to how much of the retainer has been depleted?
6. What happens if I get behind on the bills?
7. Can you collect your fees from my spouse?
8. How much am I billed for copies of all relevant documents?
9. What extra fees or costs should I expect besides hourly charges?
10. Am I billed for telephone calls?
11. Do you have a minimum unit of time you bill me for?
12. What is the average fee for a case you handle from start to finish?
Ask these questions about handling the case:
1. What type of input will I have in decisions concerning strategy in my case?
2. How will I be kept informed of all developments?
3. What problems do you foresee arising in my case?
4. Based on your experience, how much do you think my case will cost?
Harden Jackson attorneys understand that each life journey is unique and that your situation is unlike any other. Therefore, our services are designed to provide expert guidance, tenacious advocacy, and effective solutions that ensure you can continue your journey with confidence that you have obtained the best outcome possible.
Tags: divorce, divorce checklist, family law
January 4th, 2012 | Posted by Leah | Posted in Divorce, Family Law
Did you know that January is often labeled “Divorce Month”? Typically, more divorces are filed in January than any other month of the year. There are a number of theories as to why, but our goal is to help prepare you in case January finds you considering divorce.
Forbes magazine has written an informative piece giving an “End-of-Year Checklist for Divorcing Women”. The checklist is not exclusive to women, it applies to men as well. The article focuses on steps you can take to financially prepare yourself to ensure a smoother process.
First, the article recommends collecting your financial documents. This is imperative to have copies of all financial documents. You will need these documents for your attorney for many reasons. They will be used when determining division of assets and debt, child support and more.
Another helpful suggestion from Forbes is to open new accounts in your name at new financial institutions. This includes checking, savings and a credit card account. Securing your own credit is important and will make the transition smoother when dividing up assets.
Finally, Lanae Harden, who chairs the Family Law Practice Group at Harden Jackson offers some of her own suggestions. She reminds you to be reasonable about expectations. Your lifestyle will change. Ultimately there will be two households and two sets of expenses. And the more adversarial your divorce, the more you and your spouse will be spending of your income and assets in order to divide them. Set goals and keep the big picture in mind.
Remember, these suggestions are not meant to be legal advice. You should consult an attorney to discuss the specifics of your situation. If you have questions, you may contact our firm at 317-569-0770 or www.hardenjacksonlaw.com
To view Forbes End-of-Year Checklist for Divorcing Women, go to: http://www.forbes.com/sites/jefflanders/2011/12/06/end-of-the-year-checklist-for-divorcing-women/
Tags: costs of divorce, divorce checklist, divorce lawyers
December 19th, 2011 | Posted by Leah | Posted in Family Law, General Law
The holidays are a time of year typically spent with family. However, if you are in the middle of a divorce or custody battle, the holidays may be not so merry. With more than 15 years experience as a divorce attorney, Lanae Harden, who chairs the Family Law Practice Group at HARDEN JACKSON, LLC, offers the following suggestions:
1. Be flexible. You may have traditions that you enjoy that need to be changed a little. Also, be realistic about sharing parenting time with your ex-spouse. Enjoy the time you do have and be present for each moment.
2. Start new traditions. Now that life has changed, create a new family tradition that you can share with your children. Create positive memories for them, even if you aren’t feeling your best. Besides, if your children are happy, your mood will improve.
3. Plan ahead. Be sure to plan parenting time with your ex-spouse so there are no surprises. It will make the holiday season much less stressful for you and your children.
4. Don’t isolate yourself. If you don’t have plans during the holidays, make them. Ask a friend or other family member to join in their celebration, plan a celebration at your house or treat yourself to dinner out.
5. Prepare your children. Talk openly and honestly to your children about the holiday plans and encourage them to have a great time with the other parent.
Divorce can be difficult during the holidays, but it can also be a time of creating new experiences for your children and you.
October 5th, 2011 | Posted by Leah | Posted in Family Law, General Law
Harden Jackson is pleased to announce that attorney Laura M. Taylor has joined the firm’s Family Law Practice group. Laura received her Juris Doctor from Indiana University School of Law, Bloomington, in 1996. She completed her undergraduate studies at Vanderbilt University.
Laura is an experienced civil litigator and has previously practiced at one of Indiana’s largest law firms where she handled a variety of cases in state and federal courts. She also has extensive knowledge of real estate and contract law, having represented clients in complex transactions.
Her litigation experience also includes appellate work for clients through Marion County, where she addressed numerous state and federal constitutional issues. Most recently, Laura has worked for the Indiana State Medical Association advising physicians, medical providers and patients on issues involving health care law.
Laura has previously served as a judicial clerk for the Honorable Ezra Friedlander at the Indiana Court of Appeals. At Harden Jackson, she utilizes her extensive appellate and litigation experience to assist divorce and family law clients, especially those seeking aid in appellate issues and those in medical and health care professions.
When she is not practicing law, Laura is a busy volunteer. She is an active parishioner at St. Paul’s Episcopal Church where she has served as a church vestry member, a counselor for engaged couples, and a Sunday School teacher. Laura is also involved in a number of community activities. She has been a member of the board of directors of The Children’s Corner, a pre-school affiliated with St. Paul’s Episcopal Church, and is a member of The Guild of The Children’s Museum of Indianapolis and a member of The Guild’s Hospital Outreach team. She is an accomplished athlete who played tennis for Vanderbilt University and has worked as an assistant teaching professional at the Indianapolis Racquet Club. She also has been a long-time youth soccer coach at the Jewish Community Center and Meridian Street United Methodist Church.
Laura is happy to be a member of Harden Jackson’s team and is currently accepting new client inquiries. She’s also looking forward to networking with other attorneys and professionals to develop referral relationships.
Laura resides in Indianapolis with her husband and three children.
September 21st, 2011 | Posted by Leah | Posted in Collaborative Law, Family Law, General Law
The specific language of your divorce settlement agreement does matter – make sure you understand the terms before you execute it, or you might regret it. The Indiana Court of Appeals affirmed a trial court’s finding in a dispute where Husband and Wife had separate interpretations of language dividing Husband’s deferred compensation plan.
Husband, Kyle J. Bonebright, appealed an order from the Warren Circuit Court relating to the parties’ marital settlement agreement approved on November 4, 2010. As usual procedure after a dissolution, a qualified domestic relations order (QDRO) was filed to transfer a portion of Husband’s deferred compensation plan to Wife as part of the terms of their settlement agreement. However, a dispute arose over the parties’ interpretation of the specific sentence in their settlement agreement which stated: “Husband has a Deferred Compensation Account in the amount of $21,000 which will become the sole and separate property of wife.” Mr. Bonebright believed the language specified that his ex-wife was to receive the flat sum of $21,000. However, the trial court ordered that Mrs. Bonebright “is entitled to the amount in the [Account] as of November 4, 2010, together with any gains or losses to such amount on deposit on November 4, 2010, due to interest or dividend accruals, and market fluctuations.” The trial court specified that the account would be Husband’s separate property as of November 5, 2010.
Husband appealed the trial court’s order, but The Court of Appeals affirmed and gave Mr. Bonebright a grammar lesson: “The Account is the subject of the sentence and ‘in the amount of $21,000′ both follows and modifies the subject. Thus, ‘in the amount of $21,000′ does no more than describe the account at the time it was included in the Agreement. Therefore, we find that the plain language of the Agreement transfers the entire Account to [Wife].”
September 15th, 2011 | Posted by Leah | Posted in Collaborative Law, Family Law, General Law
We’ve all heard divorce horror stories from friends, coworkers or family members. Divorce is one of the most stressful experiences to endure. It is a loss which carries the weight of grief with all the ensuing emotions, including anger and denial. If you’re dealing with your own crumbling marriage, you’re likely feeling overwhelmed and scared about the impact divorce will have on your family and you. How can you survive the transition and adjust to a new life? The following suggestions may help you through the process.
1. Don’t try to handle your divorce on your own. In the interest of saving time and money, people are willing to compromise and are turning to the internet and online websites offering divorce packages and forms to “do it yourself.” Without more understanding of the law, they often don’t realize they could be compromising their legal rights. Preparing legal documents without the benefit of a legal opinion may result in unintended consequences that could be even more costly or impossible to correct in the future. Do talk with a law firm that can offer options, including alternatives to litigation, to help you save on attorneys’ fees.
2. Don’t assume traditional litigation is the best option. A common misunderstanding is that it is better for a judge to make decisions if spouses cannot agree. The reality is that litigation limits the decision-making of both parties and increases attorneys’ fees. You and your spouse are in the best position to determine what happens to your children and your property. There are cases where negotiation or mediation are not appropriate because of abuse or mental health issues, or these options prove ineffective. To determine a good strategy, find an attorney who will focus on what is best for you, your family and your financial situation.
3. Establishing a good rapport with your attorney is essential. You’ll want to feel comfortable communicating with your attorney. Don’t hesitate to ask your attorney questions. Find an attorney who educates you about divorce law and your options so you can make informed decisions. You and your attorney need to work as a team to strategize about the necessary steps in your case. Be sure to let your attorney know what matters most to you, whether it is keeping your home, retaining your retirement, receiving legal custody or more parenting time. With that knowledge, your attorney is better equipped to help you receive reach your goals either by negotiation in the conference room or litigation in the courtroom.
Remember, these suggestions are not meant to be legal advice. You should consult an attorney to discuss the specifics of your situation. If you have questions, you may contact our firm at 317-569-0770 or www.hardenjacksonlaw.com.
September 12th, 2011 | Posted by Leah | Posted in Adoption, Family Law, General Law
You may be wondering what the role of a Guardian Ad Litem is in family law cases. Frequently abbreviated “GAL”, the Guardian Ad Litem is a volunteer appointed by the court to represent the best interests of a child involved in litigation. The purpose of the GAL is NOT to directly “represent” the child, a distinction which some find confusing, especially as many GALs are attorneys. However, it is not necessary to be an attorney to be a GAL, but Indiana does required that GAL or CASA (Court Appointed Special Advocates) volunteers complete special training.
Traditionally, GAL/CASA volunteers have been appointed in abuse or neglect cases or when a child becomes subject of proceedings to terminate a parent/child relationship. However, Indiana law allows for appointments of these special volunteers in divorce or paternity cases, which is becoming more frequent, especially when custody is contested or allegations arise regarding the health and safety of the child in the family law proceeding.
The GAL will perform a number of functions in a case to help determine the best interests of a child. The volunteer may conduct home visits and interview the parent(s), stepparents, significant others, or extended family who are involved in the child’s home life. They may also interview any child care providers as well as teachers and may review medical or education records. The GAL is tasked with investigating the child’s situation and ultimately filing a report with the court regarding the GAL’s recommendation about custody of the child. For more information about the role of GAL/CASA volunteers in Indiana, please visit Kids’ Voice of Indiana at the links below.
http://www.kidsvoicein.org/documents/CasaGaL/pdf/8_2008DissolutionGALprac.pdf for more information about the GAL’s role in divorce cases.
http://www.kidsvoicein.org/programs/clci/casa_gal/
September 7th, 2011 | Posted by Leah | Posted in Family Law, General Law, Surrogacy
An article published September 5, 2011 in the New York Times addresses emerging concerns for multiple children born to a single donor. It’s an issue that will only become more common as an increasing number of single or same sex parents turn to donors to conceive children.
As children born from donors age and begin dating, the nature of their parentage presents a rather awkward scenario – in the event two young adults who happen to be born from donors meet and find themselves attracted to one another, they inevitably will have to compare their donor numbers to make sure they aren’t half-siblings. It’s the stuff that seems like a plot of some contrived Lifetime Network Movie, but it’s a reality for those who were born during the earlier days of alternative reproductive technology and are now old enough to be dating.
Estimates for the number of children born using sperms donors vary from 30,000-60,000 per year. The NY Times article was spurred by the story of a Washington woman who used a sperm donor to conceive a child seven years ago. She started a web registry to track the half-siblings of her child. With donor children, it is not uncommon for a child to have as many as a dozen siblings, but in the case of Ms. Daily’s child, the number of siblings on the registry kept growing, now totaling 150. That number is alarming to many health care and legal professionals who work in assisted reproductive technology. It’s a frightening statistic showing that agencies are profiting significantly from popular donors with little regard to the long-term consequences of producing so many children who are related. Not only is there the concern for an accidental incestual relationship among sibling offspring, but the frightening possibility that genes for rare diseases could be more easily spread through the population.
While 150 is the highest number of offspring tracked from one donor, results show that it is not uncommon for as many as 50 children to be born from a donor. This number exceeds the industry’s recommended guidelines, but those guidelines are not law and there is little in the way of oversight or legislation to restrict the use of popular donors. Industry regulations and practices in countries such as Britain, France and Sweden restrict the number of children that can be born of a single donor to 10. However, alternative reproductive law regulations still vary greatly from state to state in the US, and the variation or lack of regulation creates confusion and allows for unethical practices. Another statistic that does not bode well for the accuracy of information for the number of children in the US born to a donor is that less than 40% of parents who use a donor register their child’s donor number – it’s a voluntary practice that isn’t required or regulated. Nor do all parents tell their children the circumstances of their conception – which creates an even bigger dilemma.
For more about this topic, read the article on the NY Times website.