Wednesday, September 15, 2010

Parents and Pot: Michigan

It seems that under Michigan's Medical Marijuana Act, a parent may not be denied custody or visitation of a minor for acting in accordance with the act [i.e., possessing pot with a properly issued "registry identification card"] unless his or her behavior is such that it creates an "unreasonable danger to the minor which can be clearly articulated and substantiated".


The Michigan Court of Appeal, in addressing other issues under the MMMA, opined that their Act was "inartfully" [polite for "terribly"] drafted.

Given the vast proliferation of "medical marijuana clinics" "dispensaries", and "cooperatives" in California, I'll be extremely interested to see what California, which also has a MMA, will do with the issue in the context of child custody litigation.

A post-Labor Day [felt] fedora tip to Jeanne M. Hannah for the pointer.

Sunday, August 1, 2010

Separated, But Never Divorced?

The New York Times on some of the reasons that some folks (including, apparently, Warren Buffet) continue in marital limbo, for years, and in some cases, decades. The record, in my own practice, was a client who had cohabited with his new spouse just long enough to conceive, and for her to give birth to, a child; now that their son was finally reaching adulthood, they thought it would be a good time to finally dissolve the marriage...

Sunday, July 4, 2010

Prenups On The Way Up For Boomers

...or so says the Wall Street Journal.

Possible explanations (none exclusive, and none clearly verifiable) include:

that boomers divorce more frequently, and live longer, than their parents, and thus have a higher rate of re-marriage;

or that our lives are simply overwhelmed by fear of litigation; or

that the financial crisis has simply taken some of the romance out of romance.

. . . and apparently the Australians, who've only had pre-marital agreements recognized for about the last decade, are way ahead of the U.S., with a recent report saying that ten percent of couples are using them.

Thursday, July 1, 2010