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SPECIAL NEEDS CHILDREN, DIVORCE AND FAMILY LAW

Tuesday, March 20th, 2012

SPECIAL NEEDS CHILDREN, DIVORCE AND FAMILY LAW

 

I’m the father of two special needs children and the office manager in a MN family law practice. I’m a bit of a magpie when it comes
to gathering up useful links.  Here are some articles I’ve culled about handicapped / special needs children, their parenting,  the role of the
law, lawyers, and attorneys.

Frank talk from the parent of a special needs child:

By the way, Huffington Post has a good section called Huffpost Parents  , which has run insightful articles on divorce.

Special needs children and the alternatives available for their treatment under the law  These sorts of decisions become especially important at the critical and –usually – heart rending times when your child needs to be placed in a hpspital, assisted living facility,or other more restrictive environment.

Touette Syndrom Association (TSA) Minnesota   - a scrappy parent run and effective group for those with Tourette Syndrome.  Fair Warning – my son has Tourette’s and was in the TSA for years; both my former wife and myself were active in the Tourette Syndrome Association and now my daughter and son and their mom are getting involvedi n it again.  It’s been a great group where you can commune with others in the same boat not to mention draw courage inspiration and ideas from others.

Here’s a discussion of Tourette Syndrome:

My own take on this.  I hope this helps.  Someone once told me that having a special needs child was like having a child who dies not once but over and over – as when you discover they are handicapped.  When you learn the handicap is serious indeed. When you learn she is going to die young, never learn to read, live the rest of their life under the care of strangers, be so alone – you fear- so all alone when you and his other caretakers die. When you see that she really does not grasp the world in its consistency and wonder, when you have that insight as to how the world appears, sounds, acts to her.  When you lose one dream, then another—the dreams every parent has for their child – You’ll not be able to care for her.  Professionals are required. He’ll never join the Army and be a hero.  She’ll never get out
of that wheelchair.  He will not get a driver’s license.  The sickening realization that yes the government, Wall Street,  and most public
institutions are irremediably corrupt and  actively maliciously and for profit destroying what little safety net he has.    I know for me experiencing events similar to these marked some of the worst days – and nights—of my life.

Love your child handicapped or no:

Thomas Moore

Office Manager

www.MooreFamilyLawMN.com

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Posted in Blog, Child Custody, Child Support, Divorce, Handicapped children, love, MN attorney, MN Lawyer, Special Needs Children | No Comments »

Courts Ramp Up Security in Minnesota

Monday, February 6th, 2012

MINNEAPOLIS AND ST. PAUL, MN:

Courts Ramp Up Security

MY PERSONAL TAKE ON SAFETY IN THE COURTS

I’m the office manager for my wife’s family law firm in Minnesota.  She – we – are concerned about the following possible scenarios: The attorney and her client are collateral damage from an act of violence performed by someone who has no relationship to us.

The attorney and her client can be at risk from the other side in a marriage / divorce case. There are cases in which one side or another
has, or should have, an order for protection against the other party, prohibiting contact between the parties. This is not always done and is not always effective or practical.

The attorney herself can be at risk from those who would seek her out to represent them.  We carefully evaluate our clients so that if we really can’t help them, don’t feel safe with them, we respectfully decline to do so.

COURTROOM SHOOTING IN COOK COUNTY, MN

Here’s another view, drawn from Twin Cities Courtrooms Ramp Up Security  published in the St. Paul, MN Pioneer Press www.twincities.com recently.  The article is by  Maricella Miranda, mmiranda@pioneerpress.com

Recently in a Cook County, MN court, a man found guilty of criminal sexual conduct, shot a prosecutor and the judge who sentenced
him.  Now courts in the Minneapolis – St. Paul, MN area are acting to increase courthouse security.

MN COURTS MOVE TO IMPROVE COURTROOM SECURITY

As St. Paul-based security consultant Steve Swensen says, “People go to courthouses expecting to address their concerns. They actually have a right to be safe and secure… “  Mr. Swensen points out that safety can be improved not only by metal detectors, etc., but also by having courthouse workers trained to spot and act on security threats.

Various Minnesota court systems are studying and acting on ways to improve courthouse security. A committee of the Minnesota State
Legislature approved two bills intended to keep government attorneys safe. One would allow county attorneys to carry firearms on the job, outside of courthouses, and another would increase penalties for people convicted of killing or assaulting a prosecuting attorney.

Thomas Moore

Office Manager

www.moorefamilylawmn.com

 

 

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Posted in Blog, courts MN, MN attorney, MN Lawyer | No Comments »

COURTHOUSE SECURITY – A FAMILY ATTORNEY’S VIEW

Tuesday, January 10th, 2012

Courthouse Security

I was saddened to learn about the courthouse shooting in Cook County, Minnesota in December.  After a sentencing hearing, a convicted defendant went out to his car and brought a gun into the courthouse, where he shot a witness and the attorney who prosecuted his case.  There were no metal detectors at the courthouse.  In fact, the vast majority of rural courthouses and a few urban courthouses have no security either.
 
A few years ago, I was clerking for a judge in downtown Minneapolis when a party in housing court shot a deputy, a party and an attorney after a contentious hearing.  Shortly after, the court where I worked implemented weapons screening as well as other security measures.   However, the same judicial district opted against implementing weapons screening at its suburban locations.  Now, according to the Star Tribune, Judge Lloyd Zimmerman has decided that he will not hear cases at the suburban locations until weapons screening is implemented.   Court administration responded that implementing weapons screening at these courthouses is simply too expensive right now.  
 
While I am no fan of implementing measures that make citizens feel like they are living in a police state, there can be no doubt that weapons screening in courthouses has become vital to the safe and effective administration of justice.  I might have felt differently a few years ago.  Back then, I didn’t know anyone who had been attacked by a family court litigant.  I do now.
I had never seen a fight break out in the courthouse.  I have seen fights on many occasions in recent years.  Most recently, two women had to be pulled apart by security after a custody hearing ended badly for one of the combatants.   I wasn’t the only bystander.  My clients were no doubt worried about whether it was safe to tell the Court what was on their minds.
Our courts rely on public participation to work.  Parties to disputes must feel safe enough to bring cases before the courts, rather than rely upon self-help measures and vigilante justice.  Witnesses must feel safe enough to be sworn and tell the truth.  Jurors must feel safe enough to enter the premises and make decisions based upon the law and the facts.  Attorneys, judges and staff must feel safe enough to do their best work.
 
For these reasons, I support weapons screening in all courthouses.  
 
Courthouse Security Tips:
1)  Many courthouses do not permit knives.  Leave your pocket knife key chain in your car.
2)  Some courthouses do not permit cameras.  Leave them  at home.
3)  You may be asked to remove your shoes and/or your belt.  You may be asked to remove your coat or suit jacket.  Ask before you go through the metal detector whether you should remove them.
4)  Make sure you empty your pockets of change.  Make use of the buckets.  
5)  The people operating the metal detectors are not the TSA.  They don’t care about your liquids.  You can bring in your cupcakes, although you probably shouldn’t eat them in front of the Judge.  And, they are not going to check your ID.  If they ask to see your papers, it’s to direct you where to go.   
6)  Be security conscious as you leave the courthouse.  Many courthouse incidents occur in the parking lot outside.   If your case is particularly difficult, you may want to ask courthouse staff to escort you outside or to hold the other party inside the building while you leave.

Jennifer Moore

www.moorefamilylawMN.com

 

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Posted in Blog, guns in the court house, MN attorney, MN Lawyer, weapons in the court house | No Comments »

You Have The Right To Remain Siilent…

Thursday, January 5th, 2012

You Have the Right to Remain Silent….

Let’s say you get a call from the police asking you to come down to the station to answer a few questions.  The officer on the phone politely tells you that you’ve been accused of some conduct.  He suggests that answering a few questions might clear the whole thing up.  What do you do?

1)  Get off the phone quickly and politely.  
2)  Call a criminal attorney who will tell you not to answer any questions.
3)  Do not respond to any further communications from the police.
 
At this point, the police will either need to build a case against you without your help, or they will have to let the matter drop.  If they find enough evidence to file a charge against you, you may be arrested and/or charged with a crime.  If they do not, the matter will go no further.
 
Under no circumstances do you want to help the police.  Why?  Because the job of the police in this instance is to build a case against you.  Watch The Closer.  See how often Brenda Lee Johnson gets a confession?  See how subtle her tricks are?  Even if you are completely innocent, you could give an answer that corroborates the other side’s story or that makes you look guilty in some way.  
 
On Law and Order, we see the suspect and his attorney sitting across from the police officers, and the suspect answers questions until the police officer asks one that the attorney thinks might be prejudicial.  In reality, it doesn’t work that way.  Your attorney will always tell you to invoke your right to remain silent.  
 
So, what if the police officer comes to pick you up for questioning?   
1)  Ask if you are free to go.
2)  If the answer is yes, go.
3)  If the answer is no, call your attorney and remain silent.
 
At this point, if the police have enough to pick you up for custodial interrogation, there may be enough evidence to charge you.
 
You might be arrested and charged with a crime.   That’s why it’s so important to have an attorney at this point.  If you do not have enough money to hire a private attorney, the Court will appoint one.  The Court appointed attorney will give you the same advice as a private attorney:  Remain silent.
 
At some point, there may be some advantage to answering questions.  For example, you may be offered some kind of plea bargain or some other favorable disposition in exchange for testimony.  Your lawyer will advise you to speak at the appropriate time if this is the case. 
 
In the meantime, please remain silent except to call your attorney.
   
p.s.  Do not talk to your friends, coworkers or family about the matter either.  What you tell them can also be used against you in a court of law.

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THE HOLIDAYS AND FAMILY LAW

Thursday, January 5th, 2012

THE HOLIDAYS AND FAMILY LAW

 

THERE IS A SEASON – EVEN FOR FAMILY LAWYERS AND DIVORCE

It’s January 5, 2012 in Minnesota.  The ground is bare,  it’s dry and warm forMinnesota.  We’ve done all the work we can today for clients.  Good!  We even got a little snow.  There’s some time to reflect and relax.  We’ll be spending a pleasant New Year’s weekend with a friend or two and with my family.  It’s time to reflect on the facts that we’re all human after all, and we deserve to be treated with respect.  We have had a larger than usual number of what we call Initiial Client Interviews – someone coming in to consult with our lawyer (we are a one-attorney firm); someone taking that first legal step in a possible divorce, child custody, alimony, or child support case – maybe with an OFP (Order for protection) thrown in.   Sometimes it would be easy to give up in the face of what are sometimes increasing levels of acrimony discord and unhappiness.

 At our family law firm what we do instead is work to really solve the real problems our clients and potential clients are facing regarding their divorce.  And – frankly – to earn our fees so that we are able to do the good work we do and to improve on that too.

 What we also do regarding work, especially at holidays is to be thankful our family law attorney – my boss – can do good work.  Besides that I find myself looking forward with confidence that we can weather the storms – material, natural, physical, social, and emotional.  We manage to do it every day and when we can, we help ameliorate these storms for ourselves and our clients.

 THE GOOD THINGS ABOUT ATTORNEYS AND COURTS AND HOLIDAYS

Litigation and dealing with a lawyer is always difficult on some level.   The holidays give us all a chance to reflect on where we’ve been, our friends and associates and family, and on where we’re going.  The holidays are not only turkey and parties and trips and all the negative things that can happen too.  For me at least — and not only me! – holidays are also a time to look ahead, to draw a line under the past, to know we can’t shuck our past as if we were tossing a backpack in a corner.  It’s always with us, but you know, out of all the turmoil and out of all they joy and out of all the work, we learn, we grow, and we move on.

 Happy New Year!

 Tom Moore

www.moorefamilylawmn.com

 

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SOLO FAMILY LAW PRACTICE IN MN

Friday, December 23rd, 2011

SOLO FAMILY LAW PRACTICE IN MN

LIFE IN ONE LAWYER FAMILY LAW FIRM

Hello again!  I’ve been embarrassed lately looking for a topic for this blog, to tell the truth.  I’m not a lawyer, an accomplished techie, a CPA or even a trained office manager.  So what can I contribute to the conversation on line?  Why, an inside view of a solo (one attorney) family Law practice in MN.  So, here goes!

 I’ve been reading Hennepin Lawyer, the organ of the Hennepin County Bar Association.     One article that caught my eye was Solo Practice in the 21st Century    by Maggie Green.  The article has some good basic points for attorneys:  create and live by a business plan.  Stay organized.  I’d say that means focus on a narrow area of the law where you can not only make a living and help clients but also gain in depth knowledge.

 But, anyway, back to Ms. Green.  If you are planning to employ a lawyer I think what reall matters is these words of hers:  “Do great work… and everything else will fall into place.”  This is true, true, true.  Good article if you want to see what hour solo attorney has to deal with.  I can speak from experience.  If we don’t do good work here, we don’t get the business, and word gets around we’re not good lawyers.  Word also gets around that we are worth retaining, when we do good work. 

 TECHNOLOGY AND FAMILY LAW IN MINNESOTA

Another article worth reading is Mandatory E-Filing in the Fourth Judicial District.  The article is by Colleeen Hillesheim with the help of Jim Skoog.  I’ll admit the article does NOT sound thrilling.  But think about this.  It means that lawyers can finally use emails to file (i.e., officially present to the court and to other attorneys) documents relevant to a particular case  — at least in Hennepin County, MN (Minneapolis); and, at least, for the family and civil courts.  Still, this is progress.  This means that our clients’ child custody, child support, alimony, divorce cases can be handled more efficiently with less time and less expense. The ease of using emails compared to printed / hard copy documents, or faxed documents, makes it well worth using emails.  Now, your lawyer and their staff can focus more on legal work and less on postage, stamps, trips to the US Post Office, and so on. 

 Finally, one more article from the legal press:

THE CRISIS GROWS:  Concerns Over Funding for State Courts Dominate the ABA Annual Meeting

 (THE ABA is the American Bar Association.).  This article is by James Podgers in the September 2011 issue of ABA Journal   I’ll just quote a few lines:

 “The nation’s economic crisis ‘has resulted in additional cuts in funding for our already underfunded state courts.’  Robinson told the House.”  [Mr. Podgers is quoting William T Robinson III].  ‘This threatens the very viability of our entire justice system in America and puts at risk the third co-equal branch of government.’”  This may sound far fetched but the vast body of civil rights and legal rights built up over centuries have, at least until recently, served to protect the average citizen.  For there to be any such protection, courts have to function.  And courts can’t function without funding.

 The 566 member House, which sets American Bar Association policy, approved a resolution calling for bar associations, lawyers, and judges to document the impact of cutbacks in judicial funding, and to create coalitions for adequate funding for the courts.

Tom Moo, Office Manager

www.moorefamilylawMN.com

 

 

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Posted in Blog, Court Opinions, funding the courts, Minnesota Attorney, minnesota lawyer, MN attorney, MN Lawyer, Technology and the Law | No Comments »

You Don’t Need a Lawyer to Get Divorced, But . . .

Monday, November 28th, 2011

It is called Pro Se divorce litigation, and it means that you have chosen to be your own attorney and represent yourself in your divorce case. The procedures you must follow are exactly the same as a divorce attorney would be required to follow. You will be responsible for properly filling out and filing all the necessary paperwork and forms needed by the court, so make certain you know what you are doing and understand what you are getting yourself into before you decide to be your own divorce attorney.

Individuals choosing to represent themselves in a divorce case generally do so for a variety of reasons. Some cannot afford to hire a divorce attorney. Some have no children or marital assets and want to avoid the added expense of a divorce lawyer, so they are seeking an uncontested divorce. Still others are not happy with the divorce attorney they have and believe they can do a better job representing themselves.

Before you choose to hire yourself as your own divorce attorney, talk to others who have been there before and carefully consider both the legal and emotional aspects of divorce. If you are unable to keep the emotional and procedural separated, you are setting yourself up for a myriad of problems that will take their toll for years to come. Negotiating key divorce issues such as spousal support, child custody and division of property within the parameters of the law are tricky issues that demand experience and thoughtful objectivity.

But you do have the right to represent yourself, divorce can be done Pro Se. If you choose this path and believe you are prepared emotionally, your next step is to become familiar with divorce laws for the state in which the divorce will be filed. Obtain and become familiar with your states version of Rules of Civil Procedure, and Family Court Codes, as well as the rules and procedures followed in your local county court. Your best resource for this kind of information will be a state law library website or you local Court Clerk’s Office.

Serving as your own divorce attorney is not the norm, and presents many possible pitfalls, but it can be done and you have the right.

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HOW DO CHILDREN FARE IN A DIVORCE

Thursday, November 10th, 2011

 

Children.  Divorce.  Some Data and My Own Experience 

This post is based on an article by Robert Hughes, Jr. in the Huffington Post. 

 INFORMATION REGARDING CHILDREN AND DIVORCE

Mr. Hughes’ basic conclusion is that children suffered most in divorced families where there was rigidity and failure to adapt to the children’s needs and other changing circumstances.  Children suffered less – but they still suffered – in divorced families where there was flexibility in visitations, regarding changing circumstances, and in view of the evolving needs of the children as they grew up. 

MY PERSONAL EXPERIENCE WITH HANDICAPPED CHILDREN AND DIVORCE

Good article.  I have been divorced once and that was plenty, believe me!  One of the worst days of my life was watching my soon-to-be former wife take our two children from me inTexasto her family inMinnesota.  This is even though we had sensibly agreed to stay partners in raising our two young children, not to badmouth one another, not us use the children as bargaining chips, to be flexible in terms of custody, alimony, and visitation – child support being set by statute in MN.   

 The impact on the children was severe.  I don’t think it could have been worse if our children were not special needs.  It took something like ten years for my daughter to accept me back into her trust.  For my son, it took six years at least.  Divorce has very long term consequences.  Both of them have a strong streak of independence and a sense of their own worth as human beings, divorce or no divorce.  Both are now grown and feel free remind me upon occasion that “Dad, this isn’t the old days like when you were growing up.  I’m not you, you know!”  Blunt as they are about things like this, I’m proud of them for that. They are developing, full, persons.

 A lot of this came out through therapy, love, and their confronting me with what I had done wrong.  If this happens to you, stop, listen, and learn from your children.  They need you to do that.

 Thomas Moore

Office Manager

 MooreFamily Law, P.A.

www.moorefamilylawMN.com

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Posted in Blog, Child Custody, Child Support, Divorce, Handicapped children, MN attorney, MN Lawyer, Special Needs Children | No Comments »

WHAT TRIGGERS VIOLENCE IN DIVORCE?

Thursday, November 10th, 2011

ALIMONY, CHILD SUPPORT, CUSTODY, OR…? 

I found an article dealing with violence in custody battles, online today and thought I would pass it on.  I’m not vouching for Mr. Baer’s viewpoint but I think he has something interesting to say.  In my experience as an office manager in a family law firm in MN, I’d say violence and threats of it are rare in our practice, but it does exist; and I think Mr. Baer makes an excellent point in how justice delayed is injustice; and, in stressful times like these, can result in violence.

 In Mr. Baer’s view, it is the court system itself – which he maintains is not organized to deal with such violence in a divorce —  that should be held responsible.

 Court matters are legal matters, for sure, but they are also emotional matters; and not everyone, not every lawyer, not every client, not every court official, is prepared for what could happen.

 VIOLENCE IN DIVORCE MATTERS IN MN

In my personal experience, this beingMinnesota, perhaps, what I find most of all is not actual violence but that we occasionally have to deal with opposing attorneys who think they can scare us off with noise, bluff, and personal vindictiveness.  That does not work but it is stressful for everyone else.  Another emotional response is for a lawyer to delay, delay, delay everything; yet another response is for an attorney to fight over EVERYTHING!!!   We’ve covered these in our blogs before so I won’t go into these particulars I’ve found in family law; divorce, child custody, alimony, and child support matters — but you get the idea.   And, to close, let’s not forget that some divorce cases are handled by lawyers who ACT vindictive, angry, irrational, and so on as part of a conscious strategy.  The result is the same on those divorce clients or attorneys who are on the receiving end – stress, emotional upset, wasted time, and, often, more cost to the clients on both sides.

 Food for thought. 

 Tom Moore

Office Manager

MooreFamily Law, PA

www.moorefamilylawMN.com

 

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Posted in Blog, Child Custody, Child Support, Divorce, MN attorney, MN Lawyer | No Comments »

CLOUD COMPUTING AND YOUR ATTORNEY

Monday, November 7th, 2011

 

THE TECHNOGY OF CLOUD COMPUTING FOR LAWYERS

An attorney is what I want, you may be thinking; or; the law is what I’m interested in, who cares about what technology an attorney uses anyway? Well, as office manager at a solo family law firm inMinnesota, I get to poke into all sorts of things. Cloud computing technology is one of them.  Sure beats accounting – at least, most of the time! 

WWW.LEGAL-WORKSPACE.COM

Legal Workspace is the platform we have chosen for our family law firm’s trip into cloud computing.  The way I figure it, cloud computing is really just an imaginative way of saying, “With this technology you do not have to maintain your own computer, databases, networks, security software and hardware, backups, and all that other stuff you need as a technician which really take away from your job / career in the law.”  All this – provided we choose to take the leap.  As of this writing we are waiting for a contract, with numbers, back from BNC, who make and market Legal Workspace.   We’ll see.

TECHNOLOGY SELECTION FOR ME INCLUDES:

  • Does the vendor offer standardized, widely utilized, off the shelf applications so that I can access the advantages of cloud computing without having to relearn an armload of new applications and without having my data – should I want to back out of Legal Workspace – trapped in a proprietary database.
  •  Does the cloud computing vendor have a good reputation?
  •  Is cloud computing cost effective for me and my firm?  In our case, it will be less expensive than our current system, given especially that our computers, laptops, and servers are all going on six years old – a generation or two in computer science; and a time when we either get rid of our servers and networks and so on – or, a time when we have to start paying out $15,000 or $20,000

 

  • Do I trust the presentations the vendor has made with me and do I think using their product will make me
  • Crazy
  • Very Happy

 

  • You can catch my drift, I think.  The vendor and your trust and relationship with them – and the cost benefits analysis results – are at least as important to me as the software itself.

 

These are just some of my thoughts:  You might also look at  http://tinyurl.com/4x5uc6e regarding the supposed robot invasion of the work force – lawyers included.  This article I do not necessarily agree with!

  Tom Moore

Office Manager

MooreFamily Law

www.moorefamilylawMN.com

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Posted in Blog, MN attorney, MN Lawyer, Special Needs Children, Technology and the Law | No Comments »

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