Findlaw and the Associated Press reported today that a Montana judge has ruled in favor of a woman who sought parental rights to a boy and girl adopted by her former same-sex partner. It appears to be a first in Montana, a state where the voters rejected same sex marriage in 2004 by a margin of 2 to 1. It is interested to read the language of the Montana judge's opinion compared to the recent Kentucky Supreme Court case of S.J.L.S. v. T.L.S.
In the Kentucky Supreme Court case, "S" and "T" were a lesbian couple and S gave birth to a child using artificial insemination with a donor chosen by T. After the birth of the child, T petitioned for and by agreement received permanent joint custody. Two years later, the couple split up and T filed for adoption alleging that she was a step parent and the adoption was somehow granted without appeal. The case actually arose because S two years after the fact tried to set aside the adoption. I do not intend for this blog to become a legal research site, so I will just direct you to Diana L. Skaggs' wonderful Kentucky Divorce Law Blog for a more thorough analysis of the case.
Suffice it to say, the law involving same-sex couples is definitely a gray area right now and practitioners and clients alike should tred carefully.
Protecting Your Child's Identity
A few years ago I learned of a boy in our church whose stepfather was using his social security number to obtain work. His stepfather, it turned out, was an illegal alien. Although, this guy probably did not intend any true malice to his stepson, there is still no telling the damage that he did to this poor kid's credit before the boy even got out of grade school.
By now, most people use personal shredders and e-mail filters to protect themselves from identity thieves. However, there is a growing trend of children being the targets of these crooks. There are several reasons for this increase in theft of child identities. Children in our country are assigned a social security number almost immediately at birth. With that number comes a clean credit history. Moreover, it is often years before the child has any financial dealings that would require the child to keep an eye on his credit. If a thief can get his hands on a toddler's social security number, he may have as many as eighteen years to run up credit card debt and cause other mayhem.
The Better Business Bureau reports that in 2006, identity fraud cost United States citizens an estimated $56.6 billion. The United Postal Service estimates that more than 9.9 million Americans were victims of identity theft/fraud last year. Nevertheless, by taking some basic precautions and teaching your children to protect their personal information can go a long way to protecting their future.
1. Teach your child not to give personal information.
2. Shred all papers to be thrown away that contain account numbers or Social Security numbers. Be sure to use a cross-cut shredder that cuts both vertically and horizontally. It makes it much more difficult for a dumpster diving thief to reassemble shredded documents.
3. Store your child’s Social Security card in a safe place at home or in a safe deposit box. That means you should not carry your child's Social Security card with you in your wallet or purse. You would not believe the number of clients I have seen packing that thing around with them.
4. If you receive a credit application in the mail, don't ignore it or laugh it off, investigate. This could be a red flag that your child’s identity has been compromised. The earlier you get on correcting possibly identity fraud, the easier it is to fix it.
5. If you have reason to believe there may be fraud, write (certified return receipt) to the three credit reporting agencies and ask for a credit report in your child’s name. A child should not have a credit report, because minors are unable to enter into contracts. You can find a sample letter and addresses here.
6. If you discover a credit report, ask to have all accounts, applications and collection notices removed, and have a free security freeze put on the file.
7. If you think there may be a problem, contact the Social Security Administration for a copy of an earnings statement for your child. If it shows that your child has earned wages, it could indicate theft. Details and forms are available at here.
In our modern world, this is just another area where we, as parents, must remain ever vigilant.
By now, most people use personal shredders and e-mail filters to protect themselves from identity thieves. However, there is a growing trend of children being the targets of these crooks. There are several reasons for this increase in theft of child identities. Children in our country are assigned a social security number almost immediately at birth. With that number comes a clean credit history. Moreover, it is often years before the child has any financial dealings that would require the child to keep an eye on his credit. If a thief can get his hands on a toddler's social security number, he may have as many as eighteen years to run up credit card debt and cause other mayhem.
The Better Business Bureau reports that in 2006, identity fraud cost United States citizens an estimated $56.6 billion. The United Postal Service estimates that more than 9.9 million Americans were victims of identity theft/fraud last year. Nevertheless, by taking some basic precautions and teaching your children to protect their personal information can go a long way to protecting their future.
1. Teach your child not to give personal information.
2. Shred all papers to be thrown away that contain account numbers or Social Security numbers. Be sure to use a cross-cut shredder that cuts both vertically and horizontally. It makes it much more difficult for a dumpster diving thief to reassemble shredded documents.
3. Store your child’s Social Security card in a safe place at home or in a safe deposit box. That means you should not carry your child's Social Security card with you in your wallet or purse. You would not believe the number of clients I have seen packing that thing around with them.
4. If you receive a credit application in the mail, don't ignore it or laugh it off, investigate. This could be a red flag that your child’s identity has been compromised. The earlier you get on correcting possibly identity fraud, the easier it is to fix it.
5. If you have reason to believe there may be fraud, write (certified return receipt) to the three credit reporting agencies and ask for a credit report in your child’s name. A child should not have a credit report, because minors are unable to enter into contracts. You can find a sample letter and addresses here.
6. If you discover a credit report, ask to have all accounts, applications and collection notices removed, and have a free security freeze put on the file.
7. If you think there may be a problem, contact the Social Security Administration for a copy of an earnings statement for your child. If it shows that your child has earned wages, it could indicate theft. Details and forms are available at here.
In our modern world, this is just another area where we, as parents, must remain ever vigilant.
I guess we truly are in a gas crisis
The Associated Press is reporting on their website that a Clarksburg, West Virginia, man has been charged with battery of a police officer for allegedly passing gas toward the arresting officer. Apparently the officer had arrested the man for driving under the influence and the man passed gas while the officer was preparing the breathalyzer.
Is this really what we have come down to? This sounds like an example of a cop basically trying to show a suspect "who's boss." I personally think this is totally ridiculous. Besides, doesn't this defendant have a right to remain silent, but deadly?
Is this really what we have come down to? This sounds like an example of a cop basically trying to show a suspect "who's boss." I personally think this is totally ridiculous. Besides, doesn't this defendant have a right to remain silent, but deadly?
Granparents Raising Grandkids
It is a fact that we are seeing an increasing number of grandparents acting as primary caregivers for their grandchildren. According to U.S. Census data 6.1 million grandparents have grandchildren living in their home. Of that figure, 40 percent are the primary care providers for those children. As a family law practitioner, in the time I have practiced, I have seen an increase in the number of grandparents seeking custody and/or visitation with their grandchildren.
Although grandparental custody or visitation can only be awarded in certain limited circumstances in Kentucky, those limited circumstances seem to be occurring more and more regularly. The legal issues that face grandparents as primary care providers for grandchildren are numerous. Fortunately, the Bluegrass Area Development District, Bluegrass Area Agency on Aging, and Access to Justice Foundation Legal Helpline for Older Kentuckians has developed a Handbook for Kentucky Grandparents. This is a very useful resource that discusses the myriad of legal issues, benefits, and programs available to assist non-parent custodians. As with any such publication, it cannot replace the advice of an experienced lawyer who can give you counsel tailored to your specific needs, but it is an excellent resource nonetheless.
Although grandparental custody or visitation can only be awarded in certain limited circumstances in Kentucky, those limited circumstances seem to be occurring more and more regularly. The legal issues that face grandparents as primary care providers for grandchildren are numerous. Fortunately, the Bluegrass Area Development District, Bluegrass Area Agency on Aging, and Access to Justice Foundation Legal Helpline for Older Kentuckians has developed a Handbook for Kentucky Grandparents. This is a very useful resource that discusses the myriad of legal issues, benefits, and programs available to assist non-parent custodians. As with any such publication, it cannot replace the advice of an experienced lawyer who can give you counsel tailored to your specific needs, but it is an excellent resource nonetheless.
Twitter Twitter
Ok, I am giving in to my geekiness and giving twitter another shot. I toyed with it a bit over the summer, but, frankly, was too busy starting other projects to start "tweeting" as well. Now that the kids are back in school, I am giving it another go. If you are in to Twitter, please click the link in the side bar and follow me. Who knows, maybe there is something to this whole social networking web 2.0 stuff.
Something to Think About . . .
Representative government and trial by jury are the
heart and lungs of liberty. Without them we have no
other fortification against being ridden like horses,
fleeced like sheep, worked like cattle and fed and
clothed like swine and hounds.
---John Adams (1774)
Addressing the Kentucky Justice Association
I'm in Louisville to speak at the Kentucky Justice Association Convention today (formerly the Kentucky Academy of Trial Attorneys). I am giving a presentation entitled "The Nuts & Bolts of Kentucky Divorce Law." The idea is to educate lawyers who may not regularly handle family law on how to work their way through a divorce case. I think you can still register by calling Ellen Sykes at 502-339-8890. I hope to see you there.
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