Saturday, June 26, 2010

LA Law and Divorce



LA Law is one of my favorite legal shows. (Right after Perry Mason) My favorite episode was season 7, episode 18 which was aired on April 22, 1993, entitled "Come Rain or Come Schein." In the show, Becker represents Mitchell Schein, a greedy man who holds out for material concessions before agreeing to grant his wife a divorce following Jewish law (A get. See my March 10, 2008 blog, Religious Divorce and Annulment). As you may know, according to Jewish law only the husband can agree to a divorce. Women want this for many reasons, including the ability to have another Jewish marriage. In the episode, it has been a very rainy period in Los Angeles and there have been numerous mad slides. The show concludes with a split screen where you see the Husband agreeing to the Jewish divorce as the marital home his wife just agreed to give him in order for him to agree to the Jewish divorce is sliding down the hill as a result of the rain. I often relate this story to clients to remind them, not to be too greedy.
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Friday, June 25, 2010

Great book "The Good Karma Divorce"

'The Good Karma Divorce' is a GREAT BOOK written by Judge Michele F. Lowrance of The Cook County Circuit Court, Domestic Relations Division. We were able to sit in a very personal interview with the Judge at Chicago-Kent College Of Law as she gave insight as to why she wrote the book and the different approach she takes in running her courtroom.

Wednesday, June 23, 2010

When is Custody Established? Rights and Duties of Parents

A lot of people wonder who has custody when a child is born and what are the rights of the mother and father, particularly if they are not married or living together. Many times Fathers want to know their rights and wonder if they have any rights. Unless otherwise determined by Court, South Carolina (§ 63-5-30) spells out the rights of the biological parents of a child.

According to the statute,

"[t]The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their childrens' school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child."

For more information on your rights, consult an attorney regarding your specific situation.