Speaking of Step-Moms...

I posted about Sandra Bullock and her role as step-mom to Jesse's kids here.  I read a GREAT post about the role of step-moms on the blog The Psycho Ex Wife.  As a step-mom myself, I can really relate to the important and sometimes thankless job that step-moms perform.

I’m “just” a stepmother.

I’m a stepmother that helps my stepchildren, in some way, every day:

◦I helped try to teach them to ride a bike
◦I helped teach them how to tie their shoes
◦I help them get exercise and learn about health and fitness
◦I pick out books for them
◦I take them fishing, sometimes even when Dad can’t
◦I take them on walks and hikes
◦I sign them up for sports, on my time and with my money
◦I teach them how to make and try new foods
◦I introduce them to different cities and cultures, my time, my money
◦I teach them how to speak with respect
◦I help them with homework
◦I buy them new clothes
◦I buy them Christmas presents
◦I made an area in the woods for them to play behind our house, decorated it with  them
◦I play board games with them
◦I introduce them to new music
◦I keep the craft cabinet stocked so they can continue to make art
◦I make sure they brush their teeth appropriately
◦I make sure they wipe the toilet seat off when their aim sucks
◦I help take care of them when they are sick
◦I help clean up their vomit
◦I cut their hair
◦I come up with events like SmoresFest and outdoor movie night so they can have fun
◦I help teach them about respect for themselves and others
◦I help teach them the importance of education
◦I do this with no desire nor intent to replace their biological mother
◦I do this because I care about them and love them
◦I treat their father with care, love, respect, and dignity so they may experience what a healthy relationship really looks like

(That’s the short list) AND YET:

◦I get no consideration on how custody changes will affect me or my children
◦I get no consideration on how child support will affect me or my children
◦I get no consideration for activities I believe they should or should not participate in
◦I have no say in their medical care
◦I have no say in their education
◦There may be more…
 

And… you can bet your last dollar I’m dragged into nearly every court proceeding to answer questions that affect me every single day, while no one gives a crap how the outcome will affect me or my children.

Appellate Lawyers are the Chess Club of the Law World

Kendall Gray wrong in his blog The Appellate Record that "appellate lawyers are the chess club of the law world."  The most common function of an appellate lawyer is to bring issues of legal error to an appellate court after a trial.  An appellate lawyer keeps his "law focus" to every issue of a trial.  It is never too soon, says Gray, to consult an appellate lawyer.

A great trial lawyer once said, if you can't tell your story in one Big Red Indian Chief Tablet with a number two pencil, then you're sunk.  The appellate lawyer can help with the filter that reduces the room full of documents to the Big Red Indian Chief Tablet -- based on the law in the law library.

As with other areas of law, the family law appellate lawyer can help get a case ready for trial.  The family law appellate lawyer can handle disputes over legal issues so the trial lawyer can focus on the fact issues.  The family law appellate lawyer can draft motions, briefs, or even the jury charge to fine-tune the really important legal issues.  The family law appellate lawyer can advise the trial lawyer as to what parts of the case really matter, and what can be left on the editing room floor.

Not all cases can justify the expense of a family law appellate lawyer, but in the right case, she can be an invaluable part of the team.

Hat Tip to Kendall Gray for his post Appellate Lawyers:  Why We're in the Library.

Abbott v. Abbott: New Supreme Court Opinion on International Child Abduction

With the ease and speed of international travel and communication constantly evolving and with the globalization of many areas of the economy, it is no surprise that issues of international abduction and child custody are hot topics in the area of family law.

 

The U.S. Supreme Court recently had the opportunity to address the issue of international abduction in Abbott v. Abbott. The parties in Abbott divorced in Chile. Mother received custody, Father was granted visitation. The Court also entered a ne exeat order, preventing either party from leaving Chile with the child unless both parties agreed. Mother then brought the child to Texas, without Father’s consent. Once Father was able to locate Mother and child, he moved to enforce the ne exeat order, leading to the issue before the Supreme Court.

 

In  the opinion authored by Justice Anthony Kennedy, the Supreme Court examined the applicability of the Hague Convention on Civil Aspects of International Child Abduction in the context of a custodial parent’s violation of a ne exeat order. The Court determined that the otherwise noncustodial Father’s shared authority in determining the child’s residence, conferred by the ne exeat order, was a right of custody under the Hague Convention, thereby sufficient to evoke applicability of the Hague Convention’s enforcement procedures.  Although the Supreme Court determined that the Hague Convention’s procedures were applicable, the Supreme Court did not automatically order the child return to Chile. Instead the Court ordered the case remanded for determination by the trial court. We will be watching the Abbott case on remand and post again with the outcome.  

 

As a practical matter, this case underscores the importance in a divorce or modification case of the provisions regarding the child’s passport and the requirements for which parent gets to keep the child’s passport. 

Sandra Bullock and Step-Moms

No doubt everyone out there has heard about Sandra Bullock and Jesse James are getting a divorce.  The question that burns in my mind... how could anyone cheat on someone as wonderful as Sandra Bullock?  But, that begs the question for today.

Bullock, 44, married TV host and motorcycle builder Jesse James in July 2005. The couple met the previous year when Bullock arranged for her then ten-year-old godson to meet James, who hosted Discovery's Monster Garage. James has two daughters and a son from previous marriages: 14-year-old Chandler, 11-year-old Jesse Jr., and five-year-old Sunny.

The couple won temporary full-time custody of Sunny in 2009, after James' ex-wife, adult-movie star and former Penthouse model Janine Lindemulder, was sentenced to six months in prison for income-tax evasion.

Interestingly, in her recent Oscar acceptance speech for her role in the movie Blind Side, she said the award is “… for the moms that take care of the babies and children no matter where they come from. These moms and parents never get thanks.” Maybe she included herself and her step children in that message.

There has been a lot written about how much Sandra Bullock relishes her roles as step-mother.  But, what happens if she wants to continue a relationship with Jesse's children after the divorce?

Unfortunately, the law doesn't favor step-parents' relationship with step-children.  In most states, including under Texas divorce laws, the biological parent will determine whether and when a step-parent can see the kids after the divorce.  Much like grandparents, no  matter how much money and love has been put into helping raise the children, the step parent is out in the cold when the relationship with the biological parent ends. 

Thanks to Blogs On Divorce for the backdrop for this post.

 

 

CNN features Divorce App for iPhone

CNN Headline News featured the Divorce Cost & Prep iPhone App created by Dallas Divorce Lawyer Michelle May O'Neil and Fort Worth CPA Bryan Rice.  The story originally ran on CBS11 in Dallas on Wednesday night, but by Friday The Morning Express with Robin Meade Show on CNN HLN picked up the story and it spread throughout the US and the world. See below image from the Robin Meade Show facebook page:

 

Divorce, There's Now an App For That!

Our DivorceApp -- Divorce Cost & Prep -- for the iPhone was featured on CBS 11 news last night.  In an article entitled Divorce, There's Now An App For That, Carol Cavazos points out that there's over 100,000 iPhone apps and our's is the first for divorce.  Here's the full article from their website and the video link:

Divorce, There's Now An App For That

There are more than more than 100,000 iPhone apps by some social media estimates. There are apps for math, mood check and moron tests. But what about one for a marriage that's over.

Now there's even an app for that. It's called Divorce Cost and Prep.  It's the brain child of Dallas Attorney Michelle O'Neill and Fort Worth CPA Bryan Rice.
 
"The apps we're coming out with are really meant for the person going through the divorce in terms of helping them understand the costs and understanding the types of documents that are needed" explains Rice.
 
Rice, a $300 an hour CPA, knows the costs associated with divorce. He's created a list of possible expenses for what will soon become two, separate households. He's even listed things you wouldn't think of like parking expenses. "What if your attorney's downtown and you have to pay $10 every time you have to go see him," Rice said.
 
The app has been available in the iTunes store for just three weeks and has only attracted about a dozen buyers. App users like Victoria Huyge think someone would use it if it was applicable.  At $4.99, it also would cost a fraction of a CPA.

Rice says they'll have two more divorce related apps out soon. One is a property divider, the other is a child custody calendar.

Here's the video link:  http://cbs11tv.com/video/?id=54327@ktvt.dayport.com

Divorce Apps now available for the iPhone!

Divorce Apps for iPhoneDallas, Texas -- Michelle May O'Neil of Dallas' divorce boutique firm O'Neil Anderson announces the release of Divorce Cost & Prep -- the first in a planned line of divorce-related apps for the iPhone by her newly formed company DivorceApps.com.  She and her business partner, forensic CPA Bryan C. Rice, saw a niche in the iPhone app industry that was not being met.  "When I got my iPhone, I couldn't believe how many games were available, but so few apps for divorces," said Rice.  "Michelle and I teamed up to develop some apps that would be beneficial for our clients to use." 

Divorce Cost & Prep serves two purposes.  First, a person contemplating divorce can assess the hidden and direct costs of divorce, such as the cost of providing two houses, two wardrobes for the children, or transportation costs for exchanging the children between houses.  Second, the app gives divorce clients a list of information and documents to gather for their lawyer to assist preparation of their divorce.  O'Neil wanted to provide an app that would make a client's life easier and her own as well.  "Many times clients want to know what documents they can gather for their lawyer, so this will give an easy way for clients to gather everything I will need for their case," says O'Neil. 

Divorce Cost & Prep is available on iTunes for $4.99.

The pair have more apps in the works.  Bear Cahill of BrainwashInc.com assisted with the development of the divorce apps for the iPhone.

Common Misconceptions about Texas Family Law

Dallas Family Law attorney Michelle May O'Neil discussed a few common misconceptions about Texas Family Law in her presentation at the Dallas Kids Expo featuring her book All About Texas Law and Kids

Misconception #1:  Children over age 12 can choose who they want to live with (who their conservator will be after a divorce or modification in Texas).  False!  (See the video below for the true state of the law.)

Misconception #2:  Joint custody means equal time for both parents with the kids.  False!  (See the video below for the true state of the law.)

Misconception #3: The age when a child can get married.  (See the video below for the true state of the law.)

See the youtube video here:  Michelle May O'Neil discusses misconceptions about Texas family law

 

Dallas Kids Expo Features O'Neil's book All About Texas Law and Kids

Dallas Family Law attorney Michelle May O'Neil previewed her book All About Texas Law and Kids with her co-authors Bobbi Sheahan and Sharon Ramage at the Dallas Kids Expo on Saturday.  The audience submitted general questions which were answered by the authors based on the book. O'Neil provided copies of the book to give away to the first three audience members who asked questions.  Plano Children's Theater generously donated season tickets to give away for questioners.  O'Neil answered general questions about the law and children on topics such as child custody, child support, guardianship, grandparent rights, and age for marriage.  A portion of the Q&A is posted on youtube video and embedded below: