In Family Court Both Parents Should Be Involved

In many cases throughout the state and country we have heard stories of parents being ripped away from their children by our courts. These are parents who are solid citizens, who have no background of drug or alcohol abuse. No history of mental illness. They do have a love for their children and fight for them when things appear wrong.

For this they are often punished. Take for instance the case of Dalton v Dalton which went before the Supreme Court of Maine. With this case the lawyer actually represented the client – and fought for Sarah Dalton. The opening brief slammed the Guardian ad litem and the Family Court Judge on the case (it should be noted that the ‘judge’ in question went on to get a promotion back in April. This promotion is not related to this case). The brief sited case law as to why the court was in error. In the end it came down to aggressive lawyering on the part of Sarah’s lawyer as being bad. The complaint on the GAL and ‘judge’ was wiped clean and the mother who was fighting for her children was punished as was the lawyer.

We heard from a mother who earns at the poverty level – pays the GAL bill and pays child support to her ex (who it should be noted allegedly works for a family business and is paid under the table. He has managed to purchase a brand new truck and lives in a house that cost over $350.000.00. The reportedly earns in the neighborhood of $5000.00 – it is amazing that someone in an income this low would be given the credit needed for the house and truck). She went back to court to try and get some relief from the crushing financial burden she has been encumbered with. The ‘judge’ (who it should be noted is one of the four worse in the state told this mother that because she earns more than the father she is responsible for payment. To add insult to injury the ‘judge’ took even more time away from the little she has with her kids. It should be noted that the mother is still struggling to make ends meet.

Then there is the father who has fought for his son against all odds. He is up against one of the worst judges in the state (this judge is different than the one mentioned above but is one of four who are the worst in the state). He has no history of mental illness nor does he use or abuse drugs or alcohol (it should be noted though that his ex does). Yet he has had to go through a battery of mental health and parenting tests – his ex has not – at a huge cost to him. He has been stripped financially and is working two jobs to meet the child support requirements – his ex does not work. He is living as close to poverty as one could without actually being in poverty. To add insult to injury he has had his son all but stripped away from his life – to the point where on the few occasions he has had contact with his child – the child cries because he misses his father.

The list – and the pain – goes on. Every parent should have the opportunity to be a part of their child’s life. Every divorce should start off with the idea that the custody is going to be 50/50 and that one or both parent(s) will lose or gain from there. If one side suggest the other needs testing – then both parents should be tested. There should be an equitable balance between the two halves of the divorcing family. It is not a game to be played out with the children as the prize. The only reason why a child should have limited and tempered time with one parent or another if there is cause for that. This should be based not on some ambiguous and ill-defined standard such as “the best interest of the child” standard. But on a standard which can be measured and tested – we like the term “is the child safe”. Is a child safe in the house of a drug addict with mental health issues? Or with a parent who holds down a job and contributes to the family? Is the child safe in an ever changing environment? Or one where a parent has lived for years?

In 2015 we hope that there will be more even-handed division of a child’s time of divorcing families between their parents. A child needs the wisdom of both parents and their families. Not to be limited to one. That will only come about if the current family court changes or goes away.

Thank you for following us on Facebook and out blogs. Please feel free to contact us at MeGALalert@gmail.com or call us at 207-370-9801 (ME). We hope you can join us in 2015 to bring about legislative change. Thank you.

Child Custody – An appeal to Maine’s Supreme Court: Dalton Vs. Dalton CUM-13-521

You are going to have ring side seats in this conflict that is being appealed to the supreme court in Maine. The link provided brings you to a piece giving a general overview of what is going on. On this page there is a link to the appeal that was submitted a little over a week ago. The ideas in the appeal may be applied to cases in any state.

It isn’t often that most people have a chance to read an actual divorce and custody story that is being appealed to Maine’s Supreme Court, as we write this.  Child custody appeals are relatively rare. Most people, who might wish to appeal, are intimidated by the process; many are discouraged by lawyers, who don’t wish to offend a lower court judge by asking a higher court to intervene and correct a decision. Then, there is the huge amount of work involved and the not inconsiderable expense.

The process starts with a heartfelt disagreement with a lower court judgment and with the handling of the law in that court. It requires courage to challenge a family court judgment. It also always embodies a determined love of one’s child (children). In effect the appellant is very publicly saying – but in polite legal language – to the court, “You are dead wrong!  Your judgment is not only unfair but badly arrived at. The tools you are using and the reasoning process are seriously defective!  I strongly protest!”  How a skilled attorney approaches this problem and chooses the most important issues out of a welter of possible “plots, subplots and very involved stories” is a matter of legal judgment. Most of us, as parents and family would get lost in a morass of the details that go into a custody fight. The enclosed brief of this particular case demonstrates the vitally necessary partnership between lawyer and client. It is a union of “heart and courage” and ”head” – the level, focused intellectual crafting of the case essentials by a lawyer. It will be, I guarantee you, a most interesting and informative “read”.

We’ve been hearing from family members some of the unbelievable details of this case, Dalton vs Dalton, for just over a year. We have held our breath each time there has been a court hearing, hoping for fairness, for a reasonable turn of events, for a review of hard facts and for correction of a frightening nightmare of misperception being acted out in court. But the process seemed only to get worse as time went on. The extreme and inaccurate views of the court and a Guardian ad litem have, unfortunately, become ever more rigidly entrenched. Hence, the difficult decision to appeal.

We have to say, in no way to diminish this very troubling case, that from our experience with many other friends, the clumsy handling of this case in this court is, unfortunately, by no means unique. This case is a poster child for other very similar cases, and it is an urgent clarion call for urgently needed Family Court Reform in Maine. Like most Family Courts in America today, Maine’s courts are in the views of many, badly broken, dysfunctional and urgently in need of reconceptualization and reconstruction. They have lost their moorings in the law, and they are cruelly hurting many of the families and children that they are supposed to serve.

Please, read the enclosed pdf with the details of the Supreme Court Appeal and see what you think.  By all means, share it with friends and legal professionals.  Ask the questions: “Is this how our courts should function?  Is this your image of what you would expect from a court in a democratic society?”

Finally, who is in charge, where’s the oversight?

To view the case click on the link – Dalton Vs. Dalton CUM-13-521

For more information please contact MeGALalert@gmail.com or find us on Facebook

Child Custody – An appeal to Maine’s Supreme Court: Dalton Vs. Dalton CUM-13-521

It isn’t often that most people have a chance to read an actual divorce and custody story that is being appealed to Maine’s Supreme Court, as we write this.  Child custody appeals are relatively rare. Most people, who might wish to appeal, are intimidated by the process; many are discouraged by lawyers, who don’t wish to offend a lower court judge by asking a higher court to intervene and correct a decision. Then, there is the huge amount of work involved and the not inconsiderable expense.

The process starts with a heartfelt disagreement with a lower court judgment and with the handling of the law in that court. It requires courage to challenge a family court judgment. It also always embodies a determined love of one’s child (children). In effect the appellant is very publicly saying – but in polite legal language – to the court, “You are dead wrong!  Your judgment is not only unfair but badly arrived at. The tools you are using and the reasoning process are seriously defective!  I strongly protest!”  How a skilled attorney approaches this problem and chooses the most important issues out of a welter of possible “plots, subplots and very involved stories” is a matter of legal judgment. Most of us, as parents and family would get lost in a morass of the details that go into a custody fight. The enclosed brief of this particular case demonstrates the vitally necessary partnership between lawyer and client. It is a union of “heart and courage” and ”head” – the level, focused intellectual crafting of the case essentials by a lawyer. It will be, I guarantee you, a most interesting and informative “read”.

We’ve been hearing from family members some of the unbelievable details of this case, Dalton vs Dalton, for just over a year. We have held our breath each time there has been a court hearing, hoping for fairness, for a reasonable turn of events, for a review of hard facts and for correction of a frightening nightmare of misperception being acted out in court. But the process seemed only to get worse as time went on. The extreme and inaccurate views of the court and a Guardian ad litem have, unfortunately, become ever more rigidly entrenched. Hence, the difficult decision to appeal.

We have to say, in no way to diminish this very troubling case, that from our experience with many other friends, the clumsy handling of this case in this court is, unfortunately, by no means unique. This case is a poster child for other very similar cases, and it is an urgent clarion call for urgently needed Family Court Reform in Maine. Like most Family Courts in America today, Maine’s courts are in the views of many, badly broken, dysfunctional and urgently in need of reconceptualization and reconstruction. They have lost their moorings in the law, and they are cruelly hurting many of the families and children that they are supposed to serve.

Please, read the enclosed pdf with the details of the Supreme Court Appeal and see what you think.  By all means, share it with friends and legal professionals.  Ask the questions: “Is this how our courts should function?  Is this your image of what you would expect from a court in a democratic society?”

Finally, who is in charge, where’s the oversight?

To view the case click on the link – Dalton Vs. Dalton CUM-13-521

For more information please contact MeGALalert@gmail.com or find us on Facebook