Saturday, November 1, 2014

2014.11.01, Daily Articles

TENNESSEE ATTORNEY CENSORED FOR MISHANDLING DIVORCE


The number of attorneys who take matrimonial and family law cases without proper knowledge of the subject area is stunning.  Even more reprehensible are those who will take your case and neglect your case.  Oversight of this practice area is critical.  REMEMBER: If your attorney is not returning your phone calls, something is wrong.  Hopefully, censure is enough in this case:

""The Board of Professional Responsibility filed a “petition for discipline” against Long on June 13, 2013, which included two complaints of ethical misconduct.

According to the first complaint, [Fletcher] Long was hired to handle a divorce and child custody matter and failed to properly communicate with or advise his client about the objectives of the representation in a divorce matter.

Due to the lack of appropriate communication between Long and his client, the client’s divorce case was dismissed for lack of jurisdiction because Tennessee was not the proper forum to determine child custody and property issues, the release said.

According to the second complaint, a client hired Long to represent her in an appeal of a child custody matter from juvenile court. Long filed the appeal in the wrong court, it claimed, but the opposing party agreed to enter an Order for the purpose of filing a proper appeal. Long failed to enter the agreed order in a timely manner because it was not entered until a year later, the release said.

According to the release, Long’s actions violate the Rules of Professional Conduct, including competence, communication; fees, meritorious claims and contentions and misconduct.""



OKLAHOMA IS REQUIRING THAT DIVORCING PARENTS TAKE CLASSES WHICH ENCOURAGE THEM TO RECONCILE WITH SPOUSE

Oklahoma has recently passed a new law requiring that divorcing spouses with underage children be required to take parenting education classes.   Topics will cover the effects divorce has on a child’s well-being," and will include "reconciliation as an option; the effects of family violence; potential child behaviors and emotional states and how to respond; and communication strategies to reduce conflict and foster cooperative parenting." TulsaWorld (emphasis added).

One of the stated purposes of the law is to lower the state's high divorce rates and make parents reconsider divorce.
This seems absolutely ripe for abuse.  Oklahoma should not be attempting to convince (force) people to stay together, whether it be by exertion of persuasion by trained social services employees or by economic means, i.e., the cost of the classes.  It is widely acknowledged and supported by many studies that a dysfunctional two parent household is by far more destructive upon a child than a functional one parent household.  If keeping miserable parents under one roof is the goal, then it comes at the cost of the children.  This portion of the legislation is misguided.

There also seem to be many more concerns with the law, one of which, is that "[t]he law also said both partners must get the certificate of completion to move forward with divorce proceedings." What if one parent refuses?  Can they prevent divorce?   There is even concern whether these classes will even be available on November 1, 2014!  OK-Divorce.com

While New York courts encourage and can order similar parenting classes to help parents learn how to raise their children in a post-divorce household, they are not required as a matter of law.  

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