Think Before You FACEBOOK…Especially if You’re in a Divorce!

By now, I’m sure that most of you have read how Facebook, and every similar social networking site, makes posting “too much information” on the internet just too easy.  Do a quick Google search for “Facebook and Divorce” and you’ll find links to many articles discussing the correlation of postings on internet social networks to an increase in divorce.  The American Academy of Matrimonial Lawyers says that 81 percent of its members have used or gone up against evidence in court plucked from Facebook, MySpace, Twitter, YouTube and LinkedIn over the last five years.

Consider the following situations:

  • Mom denies in court that she smokes marijuana but posts pot-smoking photos of herself on Facebook;
  • Dad claims minimal income from his small business and various “cash only” side jobs he performs but places posts and photos on Facebook of himself on fishing trips, gambling at the riverboat, and with new vehicles, including a Harley Davidson motorcycle; his new girlfriend also posts pictures of some of the gifts she has received from Dad;
  • During a custody dispute where Dad is alleging that child’s grades are falling, child is not receiving proper medical treatment, that Mom is allowing numerous men to have access to the child, and that Mom is not adequately supervising child, Mom posts profanity laced messages and pictures of herself partying on different vacations with numerous men in very “R-rated” poses and degrees of clothing;
  • Dad denies Mom’s claims that his drinking is excessive or that he has ever jeopardized the children’s safety, yet Dad posts photos on Facebook showing him usually holding a bottle of beer at family functions or out with his drinking buddies appearing highly intoxicated; and
  • After a hearing early in a custody proceeding, Mom posts an update on her case on Facebook and uses profanity to describe the Judge who made a ruling against her.
… View Full Article → “Think Before You FACEBOOK…Especially if You’re in a Divorce!”

Potential Civil Liability for Unauthorized Access to Another’s Email Account

I am not an Internet or cyberlaw expert by any stretch of the imagination. But I am not alone in that regard according to an interesting Associated Press. story that Judges on the nation’s top court are handicapped by a lack of knowledge about the Internet when deciding related cases–Justice Stephen G. Breyer, a U.S. Supreme Court justice, admits. If you have a minute, click on the link in blue to read some pretty humorous exchanges from the Justices when discussing technology related issues.

Without trying to grapple with all the subtle nuances on this subject, I do think it is important to make people aware that there are potential legal ramifications for anyone who enters another’s email account without permission and prints or downloads stored emails. There are two portions of the Electronic Communications Privacy Act (ECPA): the Wiretap Act and the Stored Communications Act (SCA). Title I of the ECPA, the Wiretap Act, prohibits interception of communication in certain instances.… View Full Article → “Potential Civil Liability for Unauthorized Access to Another’s Email Account”

Fathers are Indeed Important!

A large body of research overwhelmingly suggests children do best when they have both a mother and a father involved in their lives. Specifically, children whose fathers participate in raising them do better in school, are less likely to get into trouble with the law, and are more likely to be better parents themselves. While more fathers are being awarded legal custody of their children, the statistics seem to indicate that the majority (between 75 and 85 percent) are awarded to mothers. Today, nearly 20 million children live in a home without a father (2002 U.S. Bureau of the Census). Recent Census Bureau child-custody statistics indicate that nearly 40% of non-custodial fathers have no access or visitation rights whatsoever with their children.  A very troubling statistic, indeed! Of those that do have visitation rights, what percentage are actually seeing their children regularly? The statistics in the studies vary greatly. But it seems clear that frequently the amount of contact the children have with their fathers diminishes over time.… View Full Article → “Fathers are Indeed Important!”

Online Assessment Tools – Do You Think You Might Have a Problem?

Here is a list of links to various online assessment tools that might be valuable for those interested in learning where they might score in areas that can frequently impact a marriage. Originally, I just intended to post an online depression assessment tool since many people going through a divorce suffer from some degree of depression. But once I started on the project, as you can see, the list kept growing. Here they all are:

  • Depression Screening Test
  • Inventory of Depressive Symptomatology
  • Anger Management Test
  • Arguing Style Test
  • Domestic Violence Screening Test
  • Woman Abuse Screening Test (WAST)
  • Battered Woman Test
  • Alcoholism Test
  • Drug Abuse Screening Test
  • Cocaine Addiction Test
  • Marijuana Addiction Test<
  • Internet Addiction Test
  • Cybersex Addiction Test
  • Sexual Addiction Test (SAST)
  • Pornography Compulsion Test
  • Gambling Addiction Test
  • Food Addiction Test
  • Compulsive Shopper Test
  • Obsessive/Compulsive Disorder Test
  • Mood Disorder Test
  • Social Anxiety/Phobia Test
  • Stress Test
  • Workaholic Test

Additionally, if these assessment tools are not what you are looking for, consider checking out my previous post, “Divorce Calculator – We have an App for That.”… View Full Article → “Online Assessment Tools – Do You Think You Might Have a Problem?”

Divorce Calculator—We have an App for That!

Recently, while doing some research for another blog article, I came across a “divorce calculator” posted on the divorce360.com website. With their permission, I have added it to this article below. The calculator is intended for first marriages only. The calculator works by comparing peoples’ backgrounds to yours. You and your spouse might well end up with two different calculation percentages because each of you comes from different backgrounds. The website advises that the best way then to determine your risk for divorce as a couple is to average the two percentages together. The statistical information they use comes from “historical data based on information given by real people and collected as part of the U.S. Census”. Click here to read more about the calculator.

I am, of course, not in a position to comment on the accuracy of the calculations. There are, of course, many other important factors which are not taken into consideration by the calculator which could alter the percentages considerably.… View Full Article → “Divorce Calculator—We have an App for That!”

Virtual Visitation: Part 2 – Legal Aspects

In the second part of a two part series, Attorney Robert Mues looks at the legal aspects of Virtual Visitation.

Ohio Revised Code Section 3109.051(A) provides, in part, that, “Whenever possible, the order or decree permitting the parenting time shall ensure the opportunity for both parents to have frequent and continuing contact with the child, unless frequent and continuing contact by either parent with the child would not be in the best interest of the child.” In 2006, a bill was introduced in the Ohio Senate to allow Juvenile or Domestic Relations Courts to grant a reasonable amount of “electronic communication” between a parent and a child so long as the electronic communication was in the child’s best interest and the equipment was readily available. In Senate Bill 341, electronic communications was defined as “communication facilitated by the use of methods of communication such as the telephone, electronic mail, instant messaging, video conferencing, or other wired or wireless technologies via the internet, or another medium of communication that allows a party who has been granted parenting time, companionship, or visitation rights to communicate with a child during times in which the child is not physically present with the party.”… View Full Article → “Virtual Visitation: Part 2 – Legal Aspects”

Virtual Visitation: Part 1 – Utilizing Technology to Supplement Parenting Time

In the first of a two part series, Attorney Robert Mues examines Virtual Visitation and the different options a divorced parent can use to communicate with their children. Part 1 – Utilizing Technology to Supplement Parenting Time.

Not too long ago, divorced parents had limited communication options to stay in touch with their children.  The old rushed and often dry “phone call approach” was better than nothing but had drawbacks.  There were long distance phone charges and issues with time zones.  New communication options have improved considerably! It is much easier for you to keep in touch with your children after a divorce.  Most of these approaches require both parents to have a computer with broadband connections.  Here are some options to supplement traditional face to face parenting time:

Cell Phones: Many companies are selling cell phones designed specifically for kids which feature built in parental controls to restrict incoming and outgoing calls or text messages.  … View Full Article → “Virtual Visitation: Part 1 – Utilizing Technology to Supplement Parenting Time”

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