Father Absence Affects Sons More than Daughters?

A new working paper  recently discussed in the Freakonomics blog, and which looks at the relationship between the absence of fathers from the home and juvenile delinquency, suggests that the presence of fathers, while beneficial for both sons and daughters, may be much more beneficial for sons than daughters.  The working paper finds, among other things, that "adolescent boys engage in more delinquent behavior if there is no father figure in their lives.  However, adolescent girls' behavior is largely independent of the presence (or absence) of their fathers."  

Of course, we should always view claims of findings from such social "science" reports with a healthy dose of skepticism.  A commenter on the Freakonomics blog named Todd makes the good point that this new study may be missing some important factors, especially as previous biological evidence shows father absence early in life may affect daughters by dramatically altering the age at which they get their first period. I would add that longitudinal studies in the United States and New Zealand have previously shown that father absence is strongly correlated with a higher risk for daughters of early sexual activity and teenage pregnancy.

However differently father absence may affect daughters versus sons, what is clear is that father presence has positive effects and father absence has negative effects - that is the common denominator of all studies to date, including this latest one.  And while that may seem self-evident to most of us, it is not uniformly understood or believed due to the sad pervasiveness of men bashing in certain circles.

Father absence and its effects on children - both sons and daughters - should concern us all, as we have gone from a nation, here in the US, with 8 percent of children living in mother-only homes in 1960 to one with fully 23 percent living in such homes in 2010, according to the US Census bureau.  I hope more such studies will be done, and that more of us will pay attention to them and the issues they raise.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Testosterone and Fatherhood

A scientific study done in the Philippines suggests that men who become fathers have hormonal changes that may help them to adapt to their new role - i.e., they have a drop in testosterone upon becoming fathers.   That should come as good news to those of us who already know that men can and do make excellent, nurturing parents, and who envision a world of increasing gender equity, both at work and at home.

Gender stereotypes and prejudices, backed by faulty biological assumptions, have inevitably resulted from thousands of years of history in a predominantly patriarchal culture (with fathers in the bread-winning role and mothers in the primary parenting role), and they continue to stand in the way of men in search of parenting equity at home, even as women have made tremendous strides in the workplace over the past fifty years.   This scientific study provides hope to the optimist in me that parenting equity and equality in the home will eventually catch up to, and parallel, the rapidly advancing workplace equality women have achieved, and are continuing to achieving, both in this country and throughout the developed world.

New York Times: In Study, Fatherhood Leads to Drop in Testosterone, excerpt:

          This is probably not the news most fathers want to hear.

Testosterone, that most male of hormones, takes a dive after a man becomes a parent. And the more he gets involved in caring for his children — changing diapers, jiggling the boy or girl on his knee, reading “Goodnight Moon” for the umpteenth time — the lower his testosterone drops. 

So says the first large study measuring testosterone in men when they were single and childless and several years after they had children. Experts say the research has implications for understanding the biology of fatherhood, hormone roles in men and even health issues like prostate cancer. 

“The real take-home message,” said Peter Ellison, a professor of human evolutionary biology at Harvard who was not involved in the study, is that “male parental care is important. It’s important enough that it’s actually shaped the physiology of men.” 

“Unfortunately,” Dr. Ellison added, “I think American males have been brainwashed” to believe lower testosterone means that “maybe you’re a wimp, that it’s because you’re not really a man. 

“My hope would be that this kind of research has an impact on the American male. It would make them realize that we’re meant to be active fathers and participate in the care of our offspring.” 

The study, experts say, suggests that men’s bodies evolved hormonal systems that helped them commit to their families once children were born. It also suggests that men’s behavior can affect hormonal signals their bodies send, not just that hormones influence behavior. And, experts say, it underscores that mothers were meant to have child care help.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Divorce: Hair Loss, Weight Gain, Binge Drinking

We hardly need any more reasons to convince us that divorce is to be avoided if possible.  But some recent studies indicate that following divorce women are more likely to lose hair (hat tip to Family Lore) and men are more likely to gain weight.   What about the kids, you ask?  Well, after their parents split, kids are more likely to become binge drinkers by the time they reach 16.

Could be worse, I guess.  It could have been found that after divorce, women are more likely to gain weight and men are more likely to lose hair.  After all, we know women really hate to gain weight, and men really hate to lose their hair.  But you know, since men as they age are much more likely to lose hair than women anyway, and as women are more likely to have already gained weight during the marriage, there's not really any good news here for those of us who get married and divorced.

I do promise, however, to report any good news when I see it.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Judicial Guidelines Updated for Abuse Prevention Orders

The Massachusetts trial court system has issued the fourth edition of Guidelines for Judicial Practice: Abuse Prevention Proceedings.   The updated guidelines reflect a number of substantive and procedural changes, and reflect changes in statutory and case law since the guidelines were last revised in 2000. Hat tip to  Massachusetts Law Updates.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Census Bureau Reports Marriage & Divorce Statistics

The U.S. Census Bureau recently released its report "Marital Events of Americans: 2009," which is the bureau's first such report after including questions about marital events as part of its American Community Survey (ACS), beginning in 2008. The report confirms previous indications from other sources that divorce rates, and marriage rates, are higher in the South than in the Northeast, among other things.  See the bureau's report here or read the summary from Reuters.



From the Reuters news article (August 25, 2011):

....Statistics from "Marital Events of Americans: 2009," show that in the South, per 1,000 men or women, divorce rates were 10.2 and 11.1 percent.

By contrast, Northeastern men and women had divorce rates at 7.2 and 7.5 percent.The national divorce rate was almost 10 percent, at 9.2 for men and 9.7 for women.

The report is the first to examine and detail marriage, divorce and widowhood among Americans ages 15 and older, using data from the 2009 American Community Survey (ACS).

"Divorce rates tend to be higher in the South because marriage rates are also higher in the South," Diana Elliott, a family demographer at the Census Bureau, stated in the report's release.

"In contrast, in the Northeast, first marriages tend to be delayed and the marriage rates are lower, meaning there are also fewer divorces."

Fourteen states had above-average divorce rates for men and women. Southern states such as Alabama, Arkansas, Georgia, Kentucky, Mississippi, Oklahoma, Tennessee and Texas had divorce rates above the United States average for both genders.

For the 10 or so states that had below-average divorce rates for each gender, about half were in the Northeast.

States like Massachusetts, Pennsylvania, New Jersey and New York saw fewer divorces than average for men and women.

Divorces did impact the economic well-being of families.

Three quarters of children living with a parent who divorced in 2009 lived in a household headed by their mother.

Of women who divorced in the year studied, 23 percent received public assistance, against 15 percent of recently divorced men who received such assistance.

But such women also reported less household income than recently divorced men, with 27 percent having less than $25,000 in annual household income compared to 17 percent of recently divorced males.

They also were more likely to be in poverty; 22 percent of recently divorced women compared to 11 percent of such men.

Almost 30 percent of children living with a parent who recently divorced lived in a household below the poverty level, compared with 19 percent for other children.

Historically, data on U.S. marriages and divorces were collected from marriage and divorce certificates filed at the state level. According to the report, beginning in 2008, questions about marital events were added to the ACS to fill a void in the data collected in the United States.

Previous Post on Related Issues:

 BASEBALL BRINGS DOWN THE DIVORCE RATE?

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Destination Divorce

We have long had destination weddings.  Why not destination divorce?  Zagat has published a guide to the best restaurants for dumping your mate, as I have reported here two years ago.  There are already restaurants you can visit to dine and dump your spouse, so why can't there be destination resorts or hotels where you can go to make that dumping official?

It's not so easy just to head to the beach, or somewhere exotic, to get an actual legal divorce, you say? Well, not only are some enterprising travel businesses trying to sell the idea of divorce vacations, in Mexico and elsewhere, but there is now even, in the Netherlands, what is called the Divorce Hotel (Hotelscheiden). If you are Dutch, you can actually show up at a five-star hotel for about three days with your spouse and mediate your divorce settlement, spending potentially far less time and money on the trip and the luxurious hotel accommodations than you might otherwise have spent on legal fees back home.

Or so they say.  So far, the new idea has only had a small number of takers, and it is of course only available to Dutch citizens.  Take a look at the Divorce Hotel's website and video.


For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

A Couple More Massachusetts Blogs for Your Blogroll

In the nearly two years I have been absent from the blogosphere (from November of 2009 until today), I have noticed a number of good Massachusetts legal blogs that either weren't around before, or just hadn't caught my attention yet. There are in particular two I would suggest that you check out, and add to your blogroll as well:

1) Scaling the Summit: A Family Law Blog. This blog is primarily the work of Justin Kelsey and his associate Jonathan Eaton and is published by their law firm, Kelsey & Trask in Framingham. Much thought and analysis has gone into this blog, and there is very helpful information about recent, and pending, legislation in the area of alimony reform (which is about to become law at last) and proposed custody law reform.

2) Massachusetts Elder Law Blog. This is an excellent blog I have recently enjoyed reading by elder law attorney Sasha Golden of the Golden Law Center, a practice devoted to elder law and disability planning in Needham.


For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Best Divorce Cartoon

A colleague, who happens to be a psychotherapist and not a lawyer, just gave me a copy of the following New Yorker Divorce Cartoon a few days ago. The cartoon is very good and to publish it here I would have to pay more than I am willing to pay for the license, so if you want to see it, you will have to follow my link. But I may have to order a print of this myself.

The cartoon, by Mick Stevens, appeared in the January 12, 2009 New Yorker, and was part of the magazine's Caption Contest. It appeared with the following winning caption, suggested by reader Ann Seger of Chicago, Illinois: "For a divorce case, that went smoothly."

By the way (and to relate this to my last post), if this cartoon looks like it could serve as the illustration for your impending divorce, you are definitely not a candidate for do-it-yourself divorce.


For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Fathers & Families Group Unsuccessfully Sought to Block Implementation of New Child Support Guidelines

The organization Fathers and Families (www.fathersandfamilies.org) has recently gone to federal court in an unsuccessful attempt to block use of the new Massachusetts Child Support Guidelines in our family courts. See The Docket » Blog Archive » Fathers’ group sues to stop new child support rules. I am writing an article on the new child support guidelines for a law journal, and am trying to keep an open mind as I continue to review and analyze these new guidelines. Otherwise, I would have already posted my analysis here after making brief comments on this blog right after the November announcement.

The new guidelines are now in effect, and have been as of January 1.


For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Single Custodial Dads

I just came across this article, The Life of a Single Dad, in which I am quoted, quite extensively, and not just as a divorce and family law attorney this time, but rather, primarily at least, as a single, custodial father. The article was published in the award-winning local Parents and Kids Magazine back at the end of May, but I have just now gotten around to finding it today. It's a good story about the interesting and small but growing demographic to which I belong - single custodial fathers - and some of the common challenges this particular group of parents faces.

EXCERPT, "THE LIFE OF A SINGLE DAD" (PARENTS AND KIDS MAGAZINE):
....In the past 40 years, the number of single fathers raising their children has swelled from 400,000 to more than 2.5 million, according to the U.S. census bureau. But, according to several single dads in the area, they are still few and far enough between to raise eyebrows when they appear at playgrounds with their kids and no wife in sight.

....

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Madonna Divorce Settlement - It'll Be A Big "Payout" to Guy Ritchie

News was just released of the Madonna divorce settlement, under which Guy Ritchie will take around $76 Million as his part of the couple's marital assets division. For more, see the Guardian's report, Madonna divorce deal 'worth £50m' to husband Guy Ritchie | guardian.co.uk, and look at People Magazine's web story, Rep: Madonna to Pay Guy Ritchie $76 Million in Divorce Settlement - People.com.

This will be one of the biggest "payouts" in celebrity cases, and will probably be the biggest one going from a high-earning female star to her husband. Also, according to some reports, it is believed the two parents will share residence of their children. Apparently, there had been hope the divorce would be settled amicably, but that was not really the case, as John Bolch points out on his blog here: Family Lore: Not So Amicable.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Men As Caregivers

There was an interesting blog post by Leanna Hamill at the Massachusetts Estate Planning and Elder Law Blog yesterday commenting on a recent report that more men have in recent years taken on caregiving roles for aging parents or other relatives: Massachusetts Estate Planning and Elder Law: More Men Taking Over the Caregiving Role. It's interesting to see that just as men have become more active in recent years in caring for children, they are also becoming more active in caring for aging parents as well.

EXCERPT, MASSACHUSETTS ESTATE PLANNING & ELDER LAW BLOG:

The image of a caregiver for an aging parent or relative is usually a woman in her 40's or 50's who is raising her own children, probably working outside the home, and then trying to care for her aging loved one at the same time. But according to a recent article in the New York Times, more men are serving as caregivers than ever before.

[Quoting the New York Times - link directly above:] "The Alzheimer’s Association and the National Alliance for Care- giving estimate that men make up nearly 40 percent of family care providers now, up from 19 percent in a 1996 study by the Alzheimer’s Association. About 17 million men are caring for an adult.

Often they are overshadowed by their female counterparts and faced with employers, friends, support organizations and sometimes even parents who view care-giving as an essentially female role. Male caregivers are more likely to say they feel unprepared for the role and become socially isolated, and less likely to ask for help."
....

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Florida Trial Judge Rules That State's Ban on Gay Adoptions Is Unconstitutional

Today in the news there was yet another interesting development in the world of gay rights, this one in Florida: Florida ban on gay adoptions ruled unconstitutional - MiamiHerald.com.

EXCERPT FROM MIAMI HERALD ARTICLE OF TODAY:
BY CAROL MARBIN MILLER (cmarbin@MiamiHerald.com)

A Miami-Dade circuit judge Tuesday declared Florida's 30-year-old ban on gay adoption unconstitutional, allowing a North Miami man to adopt two foster kids he has raised since 2004.

In a 53-page order that sets the stage for what could become a constitutional showdown, Circuit Judge Cindy Lederman permitted 47-year-old Frank Gill to adopt the 4- and 8-year-old boys he and his partner have raised since just before Christmas four years ago. A child abuse investigator had asked Gill to care for the boys temporarily; they were never able to return to their birth parents.

''This is the forum where we try to heal children, find permanent families for them so they can get another chance at what every child should know and feel from birth, and go on to lead productive lives,'' Lederman said in court before releasing the order. ``We pray for them to thrive, but that is a word we rarely hear in dependency court.''

''These children are thriving; it is uncontroverted,'' the judge added.

Moments after Lederman released the ruling, attorneys for Florida Attorney General Bill McCollum announced they would appeal the decision to the Third District Court of Appeal in Miami.

.....

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

New & Improved Child Support Guidelines To Go Into Effect on January 1

New child support guidelines have just been promulgated, and they will go into effect in Massachusetts on January 1, 2009. See the Massachusetts Court System Press Release - November 5, 2008. I am one of the many attorneys, litigants, and other concerned citizens, who have long complained before that our current guidelines are not appropriate for our times, particularly as they are not precise and comprehensive enough to cover enough of our families.

The new guidelines, for the first time, will address some of the longstanding concerns many of us have had. For one, I see the task force has for the first time made it clear how to determine child support when there is joint physical custody. It is good to see that the task force this time included Fathers and Families founder Ned Holstein, as well as many of the usual participants (attorneys and judges and other family law establishment people). After I have time to give it a complete review, I will post my analysis. But right away, after a quick scan, I can already say it is a wonderful improvement over the guidelines that are currently in effect. Have a read for yourself and tell me what you think: http://www.mass.gov/courts/childsupport/guidelines.pdf.

Excerpt from Press Release of Massachusetts Supreme Judicial Court:

Chief Justice for Administration & Management Robert A. Mulligan today announced the promulgation of revised Child Support Guidelines to be effective on January 1, 2009, based on a comprehensive review of the guidelines by the Child Support Guidelines Task Force he appointed in 2006. The 12-member Task Force was chaired by Probate and Family Court Chief Justice Paula M. Carey.

The report recommended significant, broad-based changes intended to make the guidelines more simple, clear, comprehensive and consistent with economic and societal changes of the last two decades. The report of the Task Force, available at www.mass.gov/courts/childsupport, explains the rationale behind the guidelines to assist attorneys and litigants in understanding and using them.

The recommendations include provisions that place greater value and emphasis on the involvement of both parents in the lives of children; consider the increase in health insurance costs and the requirement of mandatory health insurance in Massachusetts; provide greater guidance relative to when a child support order should be modified; and set forth specific deviation factors for deviation from the guidelines. These guidelines will apply to the circumstances of many more families in the Commonwealth.

....

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Stimulus Checks Intercepted for Child Support: My Client's Story and a Rant

While I myself have been too busy to post this past week, a few of my clients have found themselves quoted in the news. There's only one I can mention here. Cheryl Hayes, my former client, has authorized me to discuss her case after she thanked me for directing Associated Press reporter Steve LeBlanc to her this past Tuesday, thus resulting in her interview an hour later and a photo session that resulted in the following Associated Press article, AP IMPACT: Stimulus checks boost child support - washingtonpost.com, immediately published and picked up by some 300 news outlets around the world.

I find it a bit ironic that I had a hand in having my client pictured in this article, as she is a woman owed lots of child support by her exhusband and she is arguing that it is absolutely correct that the federal stimulus checks should be intercepted to pay down child support arrears. Well, I agree with her. However, up until just five or six years ago I was predominantly representing men in divorce actions. I have probably had more than my fair share of male clients who were the victims of child support orders that were too high. Indeed, I have long been both personally and professionally aware of the recent history of unfairness toward men in the Massachusetts family courts, both in custody and visitation matters and in child support determinations.

But what I now understand much better - now that I represent a larger, more representative sample of family law clients, including many more women now than before - is that family law victims are not of one gender. Too often irresponsible and even abusive individuals, whether male or female, are able to "win" in court, at least in some respects, even when the facts are against them.

When the reporter contacted me on Tuesday, and was seeking clients or previous clients who could speak to him about the issue of stimulus checks being intercepted to pay child support obligations, I immediately told him to speak with the Fathers and Families organization here in Massachusetts, and was told that he had already done so. The reporter needed, instead, somebody who was in favor of the interception of stimulus checks to pay child support arrears. Well, I certainly had someone for him. After calling Cheryl Hayes to get her approval to give her name and phone number to the reporter, I helped the reporter to make contact.

Cheryl Hayes wants even more publicity for her case, and wants me to tell even more of her story here, because it is so illustrative of the fact that there are indeed deadbeat dads out there. And boy, if there ever was one, her exhusband fits the bill. (Of course, there are deadbeat moms as well, and there are misguided, mistaken, and sometimes even incompetent court officials, and thus there exist numerous types of miscarriages of justice, leading to suffering by men, women, and children.)

The man who owes Cheryl Hayes some $30,000 somehow had the gall and the wherewithal to hire expensive attorneys to fight for the right to see his children, despite the fact that he had abused them and they were terrified of him. But this man failed to show up in court when the children's therapist and another mental health professional testified in court that the children suffered from quite egregious abuse by him while they were with him in North Dakota, and before the children moved with their mother to Massachusetts. This man has since left North Dakota and now lives in Minnesota, where he has managed to pay next to nothing in child support in the past three years, while the children have continued to struggle with therapy, and even institutionalization, as a result of his unspeakable abuse.

This man has failed to show up personally in Massachusetts to court for either of his family law cases - his visitation case (which led to a trial in which we won a ruling, after the above-described testimony, that he would have no contact with the children) and his child support case. This man has been able to avoid, halt, or otherwise dodge investigation by social service agencies and the police by moving from one state to another, and has avoided paying child support by perjuring himself in courts of at least two states, and by hiring attorneys in this state while achieving some degree of success in manipulating the court systems in at least two, and possibly three, states.

It is "men" like this who give all of us fathers a bad name and truly deserve to be called deadbeats. And it is cases like his - no less than the cases of fathers who are paying too much child support - that point up the fact that our courts are falling far short of their responsibility to find facts and dispense true justice.

We should not demonize all men who owe child support, as most of them are good people, even many of those who fall far behind in their support. (See my previous post Deadly Delinquents, Deadbeat Dads, and the Dangers of Demonization.)

Nor should we demonize men simply because they are accused of abuse. Men are more likely to be accused of abuse, but not really that much more likely actually to be guilty of abuse (physical or mental) than women, according to the available evidence. Because men are less likely to have custody of their children, and because men are still more likely to have greater expectations for financial contributions to their families, men are also more likely to be required to pay child support than women, and there is a greater number of men than women who fall behind in their support. However, men with child support obligations are more likely than women with child support obligations to actually pay those awards, according to the evidence.

These real statistics, often covered up by feminist groups and trumpeted by fathers' advocates, point out not only the inequality, unfairness, and gender bias in our expectations of both mothers and fathers that have resulted in numerous injustices in our family courts. These statistics also point to the sad reality that the facts of individual cases often do not matter: that family law conflicts too often lead to the wrong results (too much child support, not enough child support, custody to the wrong parent, etc.) because of the unfair procedures, bias, incompetence, and other failings in the judicial system.

Each case should be judged on its own facts. Far too often, because of the problems with our court system, the facts do not determine the outcome of cases. And irresponsible and abusive individuals too often are permitted to harm others with seeming impunity. And that's just sad. And wrong.

I have faith that our courts will improve. But we need more people who have suffered injustice in the family law arena to take the time to get involved and try to change the system. People like Cheryl Hayes. And people like the good men and women at Fathers & Families.


For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Parental Kidnapping and Amber Alerts - Crockefeller Provides Teachable Moment

Since the case of Crockefeller (the man who most recently called himself "Clark Rockefeller" and who apparently has used numerous other names since coming to this country from Germany as Christian Gerhartsreiter) has begun to dominate the news, several people have asked me how a father can be charged with kidnapping his own son. (Whatever this man's identity, there is no question that he is the father of the child he took away during a supervised visit in Boston.) My previous posts on this case are here (right after the arrest in Baltimore) and then here(Crockefeller, His Lawyer and the Media).

I respond that parents can indeed "kidnap" their own children, and there are "parental kidnapping" laws which make it a crime for parents to kidnap their own children, such as the Massachusetts law, Chapter M.G.L. 265, Section 26A ("Kidnapping of minor or incompetent by relative")under which Crockefeller has been charged:

Whoever, being a relative of a child less than eighteen years old, without lawful authority, holds or intends to hold such a child permanently or for a protracted period, or takes or entices such a child from his lawful custodian, or takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution shall be punished by imprisonment in the house of correction for not more than one year or by a fine of up to one thousand dollars, or both. Whoever commits any offense described in this section by taking or holding said child outside the commonwealth or under circumstances which expose the person taken or enticed from lawful custody to a risk which endangers his safety shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the state prison for not more than five years, or by both such fine and imprisonment.

Some of the confusion may be the result of Crockefeller's lawyer's initial reported statements casting doubt on the viability of the kidnapping charge. In response, the Massachusetts Lawyers Weekly Blog then issued a post on the criminal statute and case law interpreting it to explain how parents who take or hold children in violation of a valid custody order can indeed be charged, and convicted, of parental kidnapping.

Now I have just read another excellent post, with some good links to other informative sites, at the Updates in Michigan Family Law Blog, by Jeanne Hannah, an attorney with a lot of experience with parental kidnapping cases; her blog discusses the Crockefeller case, amber alerts and parental kidnapping: Amber Alerts-When Are They Used?

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website, and for information about Massachusetts criminal law, see the criminal defense page.

Crockefeller, His Lawyer, and the Media

As I previously stated here right after "Clark Rockefeller" was arrested, there's got to be more to the weird story of Crockefeller and Snooks, and we're bound to hear more soon. Well we have now heard quite a bit more, and even some from Crockefeller's own lawyer.

The Boston Globe had an article in today's paper, Lone defender savors high-profile case - by Jonathan Saltzman, about Crockefeller and his lawyer, Stephen Hrones, who has taken his case to the press with a vengeance. This is precisely the kind of case in which going to the press is necessary, as the case is going to be tried in the media initially anyway, and something from the defendant needs to be heard.

But the article discusses speculation and second guessing by other lawyers about the lawyer's tactics, particularly Hrones' decision to reveal some rather uncomfortable facts about his client's past. I wouldn't second guess this very experienced, and very effective attorney's decisions. It is hard for any of us to know whether Crockefeller's attorney is making the right moves or not, because we don't know what he knows from his own client.

But there are some beliefs I have about the case as a result of what he is doing. Given the way that Crockefeller's attorney is handling this case, and divulging information, I would assume that there is too much bad news and he has a huge, huge need for damage control. It's akin to bringing out some very inconvenient truths by your witness on direct to take out some of the sting of cross examination.

EXCERPT FROM BOSTON GLOBE ARTICLE:

"I'm going to enjoy the ride as long as it goes," said Hrones, who characterizes the case as the climax of his career. "But I'm protecting my client. He goes first."

But whether Hrones is helping his client or hurting him through news interviews is a matter of debate in Boston legal circles.

Damon Scarano, a lawyer who has known Hrones for years, said Hrones has humanized his client by sharing what Rockefeller says he remembers about his past. Hrones has told reporters that Rockefeller speaks German but does not remember growing up in Germany. Rockefeller also remembers "bits and pieces" of his childhood, a Scottish nanny and a visit to Mount Rushmore in a station wagon, for example, Hrones said.

"I think he's handling it very well," Scarano said of Hrones. "He's been very low-key on this. Usually, he's very hyper."

But other lawyers say privately that Hrones may have hurt his client by telling reporters Monday that Rockefeller recalls living in a guesthouse in San Marino, Calif., that he rented from John and Linda Sohus, a young couple, and John's mother, Didi, in the early 1980s. Hrones said Rockefeller also recalls when John and Linda Sohus went missing in 1985. The remains of a man believed to be John Sohus were found on the couple's property in 1994, and his wife has never been found. Both are presumed dead, authorities say.

The alleged admission by Hrones, said some lawyers, may have put his client at the scene of a homicide.

Hrones has also confirmed Rockefeller's use of aliases, saying there is nothing wrong with using another name if one does not commit fraud. "You members of the press, you could call yourselves Joe Blow or anything, and it'd be no crime," he told reporters Monday evening.

As it happens, Hrones said, he met Rockefeller several weeks ago, before the alleged kidnapping. A mutual friend whom Hrones declined to identify introduced the lawyer to Rockefeller in Boston. After Rockefeller was arrested Aug. 2 in Baltimore and his daughter, Reigh Storrow Mills Boss, was found unharmed, Rockefeller called his friend and asked him to get in touch with Hrones.

Hrones, a Harvard-educated son of an MIT professor, has long had a deep distrust of authority and sympathy for people in trouble. In the 1960s, he protested the Vietnam War outside the Pentagon. In recent years, he has denounced the Boston Police Department for several wrongful convictions.

His successes included a 2004 ruling that erased the conviction of Angel S. Toro, who was sentenced to life in prison for killing a Howard Johnson's clerk in Dorchester during a 1981 holdup. Toro is still serving a sentence of three years to life for an unrelated murder conviction in Florida.

"I had about 14 attorneys since he was arrested, and without a doubt, he was the most effective," said Toro's wife, Debra, of Melrose.

Robert A. George, another defense lawyer, said that "when the world seems to be crashing down all around a defendant, there is not a better person to be fighting for your life."

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website, and for information about Massachusetts criminal law, see the criminal defense page.

The Economics of Gay Marriage

I have long been waiting for the Law and Economics blogging professor duo from the University of Chicago - Judge Richard Posner and Gary Becker - to address gay marriage on their blog. Well, the wait is over, as they both specifically addressed the issue today. See Judge Posner's post The Economics of Gay Marriage and Gary Becker's post Should Gay Marriages be Allowed? Gary Becker's piece is especially interesting, as he discusses not only gay marriage, but also polygamy, in a short piece that contemplates, and advocates, marriage as a private contract with minimal interference from the government.


Of course, a must-read for anyone interested in the law and economics of the family is Gary Becker's fascinating tome A Treatise on the Family, recently updated and expanded. Becker won the Nobel Prize in economics in 1992.



For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

"Rockefeller" Arrested In Baltimore After Kidnapping His Daughter "Snooks" in Boston

Crockefeller and Snooks. Hardly your everyday kidnapping.

I have followed with interest the recent news about the apparent con-man and divorced father, who calls himself Rockefeller (dubbed "Crockefeller" by the NY Daily News), who recently kidnapped his daughter in Boston after she returned with her mother from England for his first visit with the child after the move.

Apparently during the marriage, the mom had worked, and dad stayed home with the child, but eventually the couple split, reportedly at least in part because of the fact that this man who called himself "Clark Rockefeller" was a con-man, not at all related to the famous Rockefeller family, and without any kind of identity papers he could provide, although he moved easily within high society circles in Boston and New York.

He nonetheless got some of the assets in Massachusetts from their divorce here and agreed to let mom take custody and move with their daughter to England. Subsequently, and quite recently, it seems "Crockefeller" made a bad, bad move in kidnapping the child and disappearing out of state. He was just found in Baltimore yesterday. Snooks appears to be okay.

Boys and girls, this is not the way to conduct a marriage, a divorce, or a post-divorce visitation schedule. The craziest thing is that, apparently the father, despite being a con artist, a fraud, and a kidnapper, was otherwise somehow a good father to the child during the marriage. There's got to be more to this weird story, and we're bound to hear more soon. We'll have to pay close attention. You just can't make this stuff up.

For the latest reports, see the following news stories, in reverse chronological order:

1)FBI Busts Rockefeller (Boston Herald, August 3, 2008)

2)Suspected kidnap dad Clark Rockefeller in FBI custody in Maryland (New York Daily News, August 2, 2008)

3)Snooks' mom filed divorce over Clark's Crockefeller ruse (New York Daily News, August 1, 2008)


For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Christie Brinkley Divorce - Winner Takes All?

The Christie Brinkley divorce case has just been settled, and Christie will walk away with sole custody of the children and all but $2 million in cash, from assets estimated to be worth around $60 million, including 18 properties in the Hamptons, all of which she will keep. For more see the latest stories from People Magazine, and The New York Post.

Looks like Christie won big, after choosing to insist on a public trial. But as Dahlia Lithwick said at Slate.com last week("Le Trainwreck-The Christie Brinkley divorce is a lesson in how not to cure a broken heart" July 2, 2008, Slate.com), her win may have come at a big price. As Lithwick put it:

Brinkley is about to become another victim of the fiction that you can use the tabloids more efficiently than they can use you. Won't happen. Brinkley, Cook, and their two kids will get spit out the other end of this trial, and the only real winners will be the chesty adulteresses—each of whom will have her own reality show/recording contract/clothing label by the end of the summer. I have watched enough nasty custody battles to know that if you really want your children to know the unfiltered truth, you sit down with them (when they are 18 or 21) and tell it to them. You don't run it through the double noise machine of a four-week custody trial and the 24-hour tabloid press. Whatever it is about divorce that sets the parties to behaving like children..., it would be good of them to get out of the way of the real children—whose best interests are meant to be the polestar of any custody fight. If raising children in the media spotlight isn't its own form of child abuse, subjecting them to four weeks of Daddy's dirty laundry surely is. If you can name me one celebrity who won her celebrity divorce, I'll name you a kid who lost one.

I'm not sure I completely buy her argument, but it's got some merit. I do think it is an open question how much kids really need to be sheltered from their parents' mistakes. And especially when they have been "raised in the media spotlight" how successful can we be in sheltering them? It may be that these children already knew most, if not all, of what was going on, and no further damage was done by the public airing of dad's dirty laundry. But there are those who would be in a position to know what was in the best interests of those children, including the lawyer for the children. Lithwick's best point is that the lawyer for the children wanted to close the trial, yet Christie insisted on going forward with her public trial.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

NEW YORK POST ARTICLE EXCERPT:

....After an intense, all-night negotiation at a Long Island hotel, the pair agreed that she would get full custody of their two children, final parental decision-making power and ownership of the large number of properties they had amassed during their 10-year marriage.

In the end, all Cook ended up with was the cash - most of which will go to pay his legal expenses, sources said.

Brinkley agreed to pay him a flat amount of $2.1 million - a drop in the bucket when compared to her fortune, which a source close to her estimated to be around $60 million.

"It's to me a very bittersweet moment because it really is the death of a marriage. It's also a new start for all of us," Brinkley said after the settlement was announced in Suffolk County Court in Central Islip. "I'm very pleased with the results today. I was here fighting for custody."

Following five bruising days in court, the two sides holed up at a Marriott in Islandia until the wee hours of the morning hammering out the final details of the settlement. They reached an agreement at 6:15 a.m.

A little more than three hours later, the 54-year-old stunner and her 49-year-old architect husband appeared in court to before Judge Mark Cohen to announce a deal.

....