Michigan is considering an amendment to the Child Custody Act that will enable parents who have children as result of in vitro fertilization from anonymous sperm and egg donors to be legally considered the child's parents. Based upon current law, a parent, whose child was conceived in this manner, does not have standing to seek custody under the Child Custody Act. A "parent" has been defined by the Michigan legislature as the "natural or adoptive parent of a child." The courts have interpreted a "natural" parent to be a person who is biologically related to the child. This is problematic for those parents who have been blessed with a child as a result of Artificial Reproductive Technology (ART). The problem is specific to those situations where a child born to a couple is the result of a donor egg and donor sperm.
Ending 10 years of uncertainty and inconsistent rulings at the trial court level, the Michigan Court Appeals opened the door for grandchildren in the State to have a meaningful relationship with their grandparents. In a decision reached last week, the Court made clear that, indeed, grandparents have the right to file for visitation with their grandchildren. The Court addressed both the procedural and substantive issues that previously made it difficult for judges to rule on these petitions.
Divorce is an emotionally difficult process, a statement most of us believe to be true. Yet, when you're the one going through a divorce, the full truth of this statement becomes self-evident. You find yourself on an emotional rollercoaster with your emotions ranging from sadness, anger, bitterness, self-doubt, failure, and fear - just to name a few. These negative emotions can overwhelm you, rightfully so. So how do you hold it together to protect yourself and your children from emotion harm during this very stressful situation? Is it possible to reduce the acrimony you may be experiencing and get off the rollercoaster? Susan Heitler, PhD, a clinical psychologist, suggests the following 8 guidelines for a friendly divorce:
I believe it would be beneficial to shed some additional light, not that there isn't enough attention on this case already, as to how we arrived at today's juncture.
Judge Edward Sosnick (Ret), who is Of Counsel to Hertz Schram PC, focuses his practice on Alternative Dispute Resolution, including formal and informal arbitration, mediation, and facilitation.
Hertz Schram PC is proud to announce that Delia Miller was elected a Trustee and a member of the Board of the Michigan Inter-Professional Association (MIPA). Ms. Miller is an associate in the Bloomfield Hills, MI office of Hertz Schram PC and is a member of the Family Law Section.
Question: If someone who is considering divorce contacts you seeking advice and or help, what is the first thing you ask them? And what is the first thing you tell them to do? Why?
Nationally known family law attorney and author, Richard S. Victor, Of Counsel to Hertz Schram, PC, Bloomfield Hills, MI has been asked to be a speaker by the National American Academy of Matrimonial Lawyers for their Mid-year meeting, taking place in Panama City, Panama, March 8-13, 2015 at the Westin Playa Bonita Hotel.