Family Law Attorneys Tackle New And Groundbreaking Cases

Is a parent's right to smoke more important than a child's right to live in a smoke-free environment? Thanks to the work of attorneys who practice family law, the answer to this question is a resounding no. The groundbreaking decision that forbade a parent from smoking in the presence of her child during visitation happened in the 12th District Court of Appeals in Middleton, OH in 2009, and it paved the wave for ever new and unusual cases taken on on the family courts. If you're stuck in a familial situation that seems hopeless, and you can't foresee a way out, educate yourself on the new vistas that family law attorneys are opening up. There just might be one in your territory.

Grounded No More

In 2008, Canadian courts overturned the grounding of a 12-year-old girl by her father. According to The Sydney Morning Herald, Justice Suzanne Tessier found no basis for the tween's grounding by her family and ruled that it be nullified. The girl, whose identity was not released, apparently took to family court when her father dropped the hammer on an upcoming school trip that she wanted to attend. According to reports, her grounding was the result of posting inappropriate pictures on the Internet and chatting on websites that her father had banned from the home. Regardless, the judge found in her favor -- scaring the pants off of conscientious parents around the world.  

Sperm Harvested From Deceased Son

According to CBSMiami, in 2009 a grieving mother was granted a request to harvest sperm from her adult son who died unexpectedly as the result of a bar fight. This groundbreaking ruling happened in Austin, Texas, and set the bioethics world atwitter. Nicklas Colten Evans died at the young age of 21, after expressing an overwhelming desire to one day father children. His mother picked up the torch where he dropped it, and petitioned the courts to have his sperm frozen for later use. Sitting on the porch with her grandchildren was too important to Evan's mother to let herself be swayed by the pooh-poohs of faceless activist groups.

In Vitro Twins Denied Social Security Benefits

In 2003, Karen Capato gave birth to twins that were conceived through in vitro fertilization using the frozen sperm of her deceased husband, says the Jurist. Capato's husband, Robert, died from cancer in 2001, but upon receiving his fatal diagnosis and beginning cancer treatments, he had his sperm deposited in a sperm bank with the intention of later fathering children with his wife. It was a decision that husband and wife made together once they realized that Robert would not be around to father the children in person. 

Once the twins were born, Capato sought social security survivor benefits for them in the courts and was denied. It seems the twins didn't fit any definition of "child" under the Social Security Act. The judgment was later reversed by the U.S. Court of Appeals who determined that the twins were, in fact, children. 

The modern description of family law is much broader than it once was, and today's family law attorneys often find themselves embroiled in cases that range in degree from slightly odd to intensely bizarre. But if it weren't for those brave individuals who are willing to take on those cases that no one else will touch, Americans would lack many of the civil liberties that they currently enjoy.

The next time you're caught up in what seems like a familial case that no sane lawyer would touch with a ten-foot pole, seek the advice of a reputable family law attorney. You might be surprised to find yourself on the verge of changing the way the world thinks. Contact a firm like Margit M. Hicks, PA Attorney at Law for more information.

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