781.708.4445

wmlevine@levinedisputeresolution.com

Divorce Mediation Blog

The Voice of the Child: Call me Sam -- I mean, Call Me Nate

Monday, November 25, 2013

Yesterday's (November 24, 2013) New York Times carried word of the Bode Miller - Sara McKenna interstate custody battle that is tabloid fodder in California and New York. Custody of a toddler is at stake in a tug-of-war over jurisdiction and gender rights. Ms. McKenna moved to New York while pregnant; a NYC family court judge refused to grant custody to her after her son's birth, criticizing her for spiriting her fetus from San Diego for forum shopping purposes; the California Court gave Mr. Miller temporary custody, which order he enforced; a New York Appellate Court reversed its lower court; and a new custody hearing is set for Nov. 25th.

In the meanwhile, we have been hearing about and participating in discussions of how the "voice of the child" should be heard and reckoned with in family courts and in mediation. The topic is not without controversy and is far from complete. With a discussion about it in the context of mediation from the Massachusetts Council on Family Mediation Annual Institute, on November 22nd freshly in mind, we were struck by a small but HUGE fact from the Miller-McKenna story that should be the headline of their collective parenting shame:

THEY CAN'T EVEN AGREE ON WHAT TO CALL THEIR SON

She calls him Sam, while he has renamed the boy Nate. Can it get more insane? And, by the way, both parents proclaim their intent to share parenting.

The court cases will come and go. The Courts will make interesting jurisdictional decisions. A woman's right to control her body will compete with a father's right to a fair shake in custody litigation. Lawyers will prosper and courts will compete for jurisdiction. And, in the end, none of it will matter to the subject of this adult madness.

We shake our heads and simultaneously say to one another "This kid hasn't got a chance."



Get e-mail notifications of new blog posts! Enter email address below.:



Delivered by FeedBurner

other articles


recent posts


tags

Massachusetts The Seven Sins of Alimony lawyer-attended mediation annulment resolve disputes Divorce Agreements conciliation dispute resolution Massachusetts Alimony Reform Act family law arbitrators separation DOMA Boston Massachusetts alimony and child support mediations family support alimony high-risk methodology divorce and family law mediators mediator Alimony Reform Act Divorce litigation Same Sex Marriage mediation health coverage Levine Dispute Resolution Center LLC divorce arbitrators self-adjusting alimony SJC family and probate law disputes divorce process COLA alimony reform legislation family mediation divorce mediator medical benefits divorce arbitrator alimony orders alimony statute divorce agreement Baseball Arbitration pre-ARA alimony rehabilitative alimony Baseball Players support orders med/arb family law divorce litigation Massachusetts alimony mediators fraud Massachusetts divorce lawyers how baseball arbitration works divorce mediation private dispute resolution LDRC Massachusetts lawyers Family Law Arbitration Major League Baseball Arbitration Child Support Guidelines IRC §2704 General term alimony divorce and family law health insurance Levine Dispute Resolution Levine Dispute Resolutions Act Reforming Alimony in the Commonwealth med-arb lawyer MLB labor agreement Levine Dispute Resolution Center Self-adjusting alimony orders alimony law Obamacare Massachusetts divorce mediators Chouteau Levine family law mediation Cohabitation Baseball Uniform Arbitration Act divorce arbitration arbitration traditional negotiations Matrimonial Arbitration disputes facilitated negotiations divorce mediators Massachusetts Lawyers Weekly divorce lawyers family law arbitrator divorced lawyers child support arbitrator divorce judgment Defense of Marriage Act special master arbitrators divorce mediations