On February 6, 2010, I posted an article entitled, “They Fight for America and Upon Return Must Fight for Their Children”. The article addressed the issue of active duty servicemen and servicewomen returning from overseas assignments, often in the Middle East, to find that their former spouses were using the overseas military assignment as a “substantial change in circumstances” to obtain a change in custody of their minor children. At the time of that posting, Michael R. Turner, R-Ohio, was trying to persuade Secretary of Defense, Robert M. Gates, to agree that active duty military parents should receive child custody protection while they were deployed out of the country. The Department of the Defense had opposed this protection and Turner’s proposed legislation.
On February 11, 2011, Secretary of Defense Gates responded to Representative Michael Turner in a brief letter which said that his Department “was/are willing to consider whether appropriate legislation can be crafted that provides Service members with a federal uniform standard of protection in cases where it is established that military service is the sole factor involved in a child custody decision involving a Service member.” Click here to read his letter.
On February 16, 2011, Congressman … Read More... “BREAKING NEWS: Secretary of Defense Gates Changes Position to Protect Custodial Parents Deployed Overseas!”
The topic for this Family Blog Article is one that is I like to use and one that I highly recommend to clients and to other practitioners. A four (4) way settlement conference is a meeting or conference attended by both parties (Husband and Wife) and their respective attorneys. The meeting generally takes place at one of the attorney’s offices but it could be held at an absolutely neutral location such as the Bar Association, a local library, or a church having meeting rooms available for the public. The meetings can take place during normal business hours but can also be held during evening or weekend hours as no one from the Court needs to be present and no one from the Court needs to oversee or supervise the conference. Therefore, the scheduling of settlement conferences can be done to accommodate each of the parties’ schedules and their respective attorneys’ schedules.
In the days of my parents who were born in the 1920’s, persons typically lived in the small towns or cities in which they were born and remained there carrying on the family farms or businesses or following the trades or professions of their parents. In today’s society, people are much more mobile. Persons move to find employment, attend college, or due to military assignments. Many individuals who have had their marriage terminated in another State may find themselves now living in the Miami Valley area. Some of those persons are parents of minor children. So, if Post-Decree problems occur, to which Court do they go for help or assistance?
The Affidavit of Financial Disclosure (or a Financial Affidavit) is a very important document in domestic relations, especially in divorce matters. If you are pursuing an agreed upon dissolution of marriage (instead of a divorce), the Financial Affidavits are required, but they are not nearly as important as in divorce actions. In dissolutions, the Financial Affidavit establishes the required disclosure of all assets and liabilities which is the foundation for any dissolution. Also, in a dissolution, since the parties have everything settled between them, any issues regarding what Husband earns or what Wife earns are largely irrelevant because the parties have already determined which party will be paying child support and/or spousal support (alimony) and the amount thereof. The Court is not likely to interfere with those agreements.
Here is an update about our client, Kent Swaim, whose two sons were abducted to Japan by their mother, published in the DDN on September 8, 2010.