Category Archives: Court

In Defense of Step-moms (and dads)

Remember Cinderella’s step-mom? “Light the fire! Fix the breakfast! Wash the dishes! Do the mopping! And the cleaning and the shopping!”* She was not the kind of step-parent a child would ever want. She was the original “step-monster”.

I’m a step-parent, but to grown adult children with children of their own. But whether the children are very small or are adults on their own, there is no tried-and-true manual for step-parents to “fit” into the new family dynamic. After all, each family is unique with their own way of doing things, patterns of communication, and traditions. And, maybe the step-parent is not entirely welcome, especially if the “original parent” feels replaced, angry, jealous, and/or threatened and communicates this directly or indirectly to the child(ren).

Nothing could be worse for your children. Several years ago, a woman I know, I’ll call her “Linda”, met her former spouse’s new fiancé.  Sadly, Linda took most every opportunity to criticize and be nasty to the fiancé.  She would not listen to reason nor dignity.  Her child marinated daily in Linda’s hatred for the fiancé.

The fiancé appeared to love the child. She attended the child’s events at school, church and gymnastics.  She sent her home with treats, bought her clothes, and otherwise demonstrated her attachment to the child.  The child wanted to love the step-mom but Linda sabotaged it in every possible way.  Linda mocked the clothes as being tasteless, ill-fitting, and or “cheap”.  She threw away the treats in front of the child.  She refused to speak to the fiancé at school and other events.  The child suffered from all the stress and became very anxious whenever the fiancé was mentioned or was around Linda.  The child was not free to form an emotional bond with the fiancé and that relationship suffered.

The child’s father was no “winner”.  Having been previously granted only supervised visitation, his ability to properly care for the child was in question. Linda utterly failed to grasp that the fiancé could ensure the child’s  well-being during the father’s parenting time. We encouraged Linda to make an ally of the fiancé and at least try to co-parent with her but Linda refused. The fiancé became the step-mom.  Eventually, the new step-mom gave up trying to be friendly to Linda and joined her new husband in the ongoing war between the parents.  The child suffered and exhibited signs of emotional distress and anxiety as a result of the adult’s antics.

Don’t be “Linda”. Love your child more than you hate their step-parent.

So, what do you do when the step-mom / step-dad appears? To be direct, you do not have a right to prevent your child’s other parent from dating or remarrying. They have all the same rights as you do to live a full life – and that includes dating and or remarrying.

So, it is time for a little introspection.

First, do you welcome a step-parent in your child’s life? If not, why not? Be specific. Write it down. Odds are if you are unable to lay out the “why” on paper, it may be more of an emotional reason than a rational one. Note, it is not enough that you “just don’t want someone else in the child’s life”. If that is the only thing you can come up with, take a breath and put on your adult pants. Life moves forward whether we want it to or not. Adulting is not always easy, but it is what we are called to do once we have children.  Put your children first before your own jealousy or insecurity.

Second, take inventory of your emotions. Are you angry? Jealous? Threatened? And, if so, why? Are these emotions something you want your child to marinate in? Even if you don’t openly verbalize your unhappiness about the step-parent, your child will still pick up on the non-verbal cues.  Keep adult emotions and feelings away from the kids. They can’t fix it and the are very sensitive to the emotional well-being of the hand that rocks the cradle. In short, keep the kids out of it.

Third, is it the thought of your calling someone else “Mommy” or “Daddy”?  Please know, if you seek to maintain your place in that child’s life and take care of your obligations as a parent financially and emotionally, there is no reason why you won’t remain “Mommy/Daddy”. Yes, seeing your child get attached to a new dating partner can be hard (Divorced and Dating with Kids is the subject of another article). But, by creating and maintaining a respectful relationship with the new step-parent, you will know someone is ensuring your child’s well-being when you are not there, and that peace of mind is priceless.

Fourth, do you believe the step-parent is in any way a threat to the safety and well-being of your child? Does he or she have a history of drug use? Violence? High risk activities? Child molestation? Alcoholism? Criminal activity?  If you have any of these concerns, then stop reading and call your attorney right now.  The “best interests” of the child is the gold standard in parenting time allocation. If that person represents a danger to the child, you are not over reacting.  You need to speak up to protect your child from someone who represents a potential danger to them.

Our hope is that your co-parent will be respectful and reasonable in how they handle introducing the new spouse into the family. Remember, it is not always the easiest task for the parents, step-parent or the child. Show each other some grace and give it some time. Take it slow. Open a dialogue with your co-parent about any concerns you have and collaborate – don’t try to dictate. Who they date or marry is not your decision. Yes, your child is involved but again, your ex has every right to move on in his or her life – just as you do. Collaboration with your co-parent will ease the transition and promote the well-being of your child.

Life evolves. You will want the same considerations when you fall in love again and or remarry. The shoe, or the glass slipper, will be on the other foot if it hasn’t been already, and you could be the step-monster, I mean step-mom.

Good luck!

*from Cinderella’s, “The Work Song” Continue reading

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Filed under Court, Family Law, Litigation

Don’t take a Selfie with the Judge

cell phone banCan you take your cell phone into court?  Maybe.  Maybe not.  In Wilson County, Tennessee?  Definitely not.  Upon approach, you will see multiple signs announcing cell phones or other recording devices were banned from the building.

Suspecting a good story behind the heavily advertised ban, I asked the ladies in the clerk’s office what prompted the zero tolerance policy.  Apparently, in at least one instance, spectators in the courtroom texted witnesses waiting outside what the witness on the stand said.  On top of that, judges did not like spectators taking pictures of the proceedings or of the judge personally.  I imagined a witness snapping a quick selfie with the judge in the background and Aunt Susan snapping a picture of cousin Jack’s latest arraignment to share instantly with Mama and ’em or possibly on facebook.

A judge may make rules for her or his court.  Failure to follow those rules could result in contempt of court which could carry a fine or jail time.  See our article on pajamas in the courtroom or other cell phone-related contempt of court rules for Circuit Court in Davidson County, Nashville, Tennessee.  To be safe, you should always check local rules for your court to ensure you follow the rules perfectly.  A quick internet search on your phone could help you keep that phone.

According to this article, a violator is subject to a 10-day jail sentence and/or forfeiture of their cell phone.  And, as the cell phone is also a status symbol, some of them can be pretty costly (some iPhones retail in excess of $800+).  That is a pretty heavy investment to simply be locked away in a vault.

The moral of this story is simply don’t bring your cell phone or recording device into the Wilson County Justice Center in Lebanon, Tennessee.  The justice there is swift, the folks there are friendly, but they take the cell phone ban seriously… and so should you.

 

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What To Wear To Court (not Pajamas)

If you are reading this, you likely have a court date on the horizon and aren’t sure how things work – including what to wear. It is good you are already getting ready for your court date and working on being prepared.

Different courts have different rules, but across the board, it is important to dress appropriately and in a way that indicates your respect for the court.  If you are not attired properly, the bailiff (the court officer) could ask you to leave the courtroom until you have corrected your clothing issue. For example, in most courts, you are not allowed to wear hats, halter tops, midriff shirts, untucked shirts, low hanging pants or other attire that shows too much skin or just is too casual for the courtroom.

pajamasA Clerk of Court in Pennsylvania recently had signs posted in the court room indicating that pajamas are not appropriate court attire.  Really!  Pajamas!  You would think that would be obvious “what not to wear” but clearly, in that courtroom, it had happened one too many times.

So, what do you wear? You don’t have to wear a suit, but being tidy and presentable is always a good idea. Men can safely dress in slacks and a button down shirt. Ladies can wear the same or a skirt (make sure it is knee length or just above – no mini-skirts, please).

Again, the overall tone is to show the court respect both by your actions and your attire.  Just keep the pajamas at home and you should be fine.

T. Leigh Hearn-Rushton

See the no-pajama article by clicking here.

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Filed under Court, Family Law, Litigation, Service of Process

What if OJ had worn a Fitbit? – The use of Fitbit data in the courtroom

Fitibit_FlexAfter viewing part of the new OJ drama on television last night, I recalled seeing the white bronco drama unfolding on my own small television one summer law school.  The trial.  The glove.  The compliments on counsel’s hair.  The verdict.  It was fodder for a very hungry news machine.  As I watched the white bronco speeding down the highway again last night, I considered what the coverage of such an event would be now.  It would “telegraphed” by every iphone, tweet, Instagram, website, text, Snap chat, facebook post, blog and so forth now.  The frenzy would make shark week look like your kid’s fish bowl.

The media’s insatiable hunger for news has only increased and so has technology.  I awoke this morning to find yet another use of technology in the law.  Now your Fitbit could be used against you.  In other words, you may have the right to remain silent, but your Fitbit does not.

It counts steps.  It tracks your heart rate.  It knows when you are sleeping. It knows when you’re awake.  It can give an implication if you’ve been bad or good…. so be good for liability’s sake.

So, over coffee this morning, I marinated on this question, no matter what side of the verdict you were on, “What if OJ had been wearing a Fitbit?”

See the Forbes article by clicking here:

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Filed under Court, Litigation, technology in the courtroom