Posts Tagged ‘Visitation’

The Decline of Traditional Morality

Thursday, December 15th, 2011

by Chris Palmer

A recent survey has indicated that marriage rates are at an all time low.  In the 1960’s the median age for marriage was around 20 but now, the median age has risen to 26 for women and 29 for men. Rising divorce rates have contributed to the statistics as well as economic concerns.  What is most troubling though is that the survey reflects a sense of apathy towards marriage in general as evidenced by this quote: “A Pew survey last year determined that more than four in 10 Americans younger than 30 consider marriage passe.  ”They see it as an obselete social environment,” said D’Vera Cohn, a Pew researcher who co-wrote the analysis.”  Unfortunately, out-of-wedlock births have not followed the same path.

A study from the United Stated Department of Health and Human Resources shows that non-marital births are at greater risk of low birth weight, preterm birth and infant mortality than children born to married women.  The study also shows that children born to single mothers have more limited social and economic resources than those born to marriage.  Yet the 2007 data used in the study shows that  4 in 10 children were born out of wedlock, reflecting a 5% increase in unmarried birth since 2006, a 21% increase since 2002 and an 80% increase since 1980.

When you look at the declining marriage statistics, the changing view of marriage by young Americans and skyrocketing out-of-wedlock births, you begin to see a grim portrait of America’s future.  It appears that Americans have slowly moved toward a more narcissistic existence, one in which self-satisfaction comes first and commitment to family comes second. Why else would the statistics show declining marriage rates yet rising birth rates among unmarried people?  One only has to hang around your local family court to see the problems that result from out-of-wedlock births.  Court are jammed with single mothers begging for financial assistance from absent fathers while vehemently opposing the father’s efforts to have a relationship with his child.  If this trend continues, marriage will soon be a minority as will children born to marriage.   One has to wonder what the long term effects of this trend will have on the country if it continues since the trend sheds light on a much larger issue not addressed by the statistics – the decline of traditional views of morality.

The Tax Police

Friday, November 19th, 2010

by Chris Palmer

This isn’t really divorce related, but worth addressing.  Wesley Snipes looks like he’ll be spending the next few years in prison for tax evasion. He was convicted of tax evasion but while he appealed the conviction he was out on bail.  Now that the appeal is concluded, so is his freedom, at least for a while.  While Snipes intentionally sought to evade taxation, and will pay a heavy price, normal people can find themselves with a financially devastating tax situation if they neglect their taxes.  While not a criminal offense normally, failing to file returns or to pay the required tax results in penalties and interest and a debt collector that you really can’t hang up on.  In the middle of a divorce, the last thing a divorcing person needs is delinquent tax debt.  File your returns, pay your taxes and avoid significant financial consequences.  Remember – the IRS will still be married to you even if your spouse is not.

Who Will Get Custody of the Children?

Friday, October 23rd, 2009

by Chris Palmer

In Mississippi, a decision on which parent is awarded custody of children is a complicated process that involves the consideration of a number of very important factors, some of which are more important than others.  The factors are commonly referred to as the “Albright Factors” because they were set forth in the case Albright v. Albright, 437 So. 2d 1003 (Miss. 1983).  In Albright, the Mississippi Supreme Court held:

We reaffirm the rule that the polestar consideration in child custody cases is the best interest and welfare of the child. The age of the child is subordinated to that rule and is but one factor to be considered. Age should carry no greater weight than other factors to be considered, such as: health, and sex of the child; a determination of the parent that has had the continuity of care prior to the separation; which has the best parenting skills and which has the willingness and capacity to provide primary child care; the employment of the parent and responsibilities of that employment; physical and mental health and age of the parents; emotional ties of parent and child; moral fitness of parents; the home, school and community record of the child; the preference of the child at the age sufficient to express a preference by law; stability of home environment and employment of each parent, and other factors relevant to the parent-child relationship.

Marital fault should not be used as a sanction in custody awards. Relative financial situations is not controlling since the duty to support is independent of the right to custody. Differences in religion, personal values and lifestyles should not be the sole basis for custody decisions.

If you are involved in a custody situation or are thinking about filing for divorce, a review of the Albright Factors could assist you in undertanding what information is important to the judge.  However, it is critical that you discuss your situation with an attorney immediately if you feel custody will be an issue.  Failing to get sound legal advice as soon as possible could cause you to unknowingly engage in behavior that will hurt your ability to obtain custody.