Kansas Family and Divorce

Your Questions and Comments

First of all let me just say how much I appreciate you the reader of the Kansas Family and Divorce Lawyer. Some of you even post comments and questions. While I may not post the comments on the site, I do read everyone of them.

Some of you also post questions. I might suggest that instead of posting a question as a comment that you email me directly at gdgrifflaw@mac.com That way you and I both know I will get your question and I can respond to you directly.

Standards for Civility for Family Lawyers

The American Bar Association’s Section of Family Law has adopted Civility Standards. The Standards address the responsibility of the family lawyer to be civil to clients, opposing counsel, and the Court.

I. To Client

1. Treat the client with respect.
2. Try to keep the client on an even emotional keel and avoid characterizing the actions of the other party, opposing lawyers, and judicial officials in emotional terms.
3. Be aware of counseling resources and be prepared to refer the client to counseling where appropriate.
4. Where a client has an exaggerated or unrealistic view of his or her options in any given situation, explain matters as carefully as possible in order to assist the client to realistically assess the situation.
5. Respond promptly to client requests for advice or information.
6. Consider the availability and appropriateness of forms of alternate dispute resolution.
7. Where a client wishes to pursue a claim or motion for purely hostile or vindictive purposes, explain to the client the reasons why the client should not do so.
8. Do not assist a client in pursuing a claim for primary custody or visitation where the purpose of the claim is to obtain bargaining leverage in order to achieve a purely economic objective.
9. Avoid any communication to client about the judge, the other lawyer, or the other party that will contribute to disrespect for the legal process.
10. Encourage clients to comply with all court orders.

Can I Change Lawyers?

This from the Alabama Family Law Blog:

Yes, ultimately it is your decision to work with the lawyer you choose. But, you should understand that switching lawyers in the middle of the case can (and likely will) costs you more money and may lead to delays in getting the case to trial as the new lawyer has to get up to speed.

You will want to make sure you do not change lawyers right before your court date unless you are certain that the case can be continued (or the new lawyer can be ready to try the case on short notice). You do not want to be forced to go to trial without a lawyer because you fired your original lawyer and the judge would not grant a continuance to allow the new lawyer to be prepared. It does happen.

Finally, you should expect that your original lawyer will have to be paid any monies you owe him before he will turn over your file to any subsequent lawyer you hire.

Took a break from blogging

You may have noticed that I took a break from posting. Well, I am back and we are in full swing. I have been working on a new post on "child's preference" in custody matters. My reason for doing this post is the fact I have received a lot of questions lately on this very subject. That should be up sometime before the beginning of next week. If any of you have a specific question, please post them here and I will work on a post to answer them. I am also considering restarting "open blog Friday". I will let you know.

300 POST

It is hard to believe, but I have made just over 300 post as of today on this blog. Let me first say thank you to you the readers of this blog. I have enjoyed everyone of the postings I have done. Second, I am proud of the fact that I can provide information about family and divorce issues in Kansas to my readers. There are days, very few, that I wonder if this blog is actually doing any good. And than, just as I am thinking this, I get an email or comment from someone thanking me for providing the information I provide.

Well, let me THANK YOU again for reading, commenting and emailing me your comments and especially questions. And I look forward to the next 300 post and beyond.

Anyone for a cup of coffee

This is an idea that I also have been kicking around since I first saw the concept offered by Legal Grind.  Legal grind actually offers legal services in a coffee shop owned by a lawyer.  Matthew Homann mentioned something similar on his blog today.  It would work like this.  For one hour, say between the hour of 8:30 a.m. to 9:30 a.m., one day a week you go to your local shop, sit down and buy the coffee for that hour.  You also offer to visit with anyone about your area of law, offering to answer questions.  As Matt states, "absolutely, frickin' brilliant."  It is a great idea. You get to enjoy a cup of coffee with someone, provide a service and enjoy good company.

Domestic Violence Heats up in Spring!

According to an article in Kansas.com Domestic Violence Heats up in Spring.  This is the time of year, police know, conditions are ripe for domestic violence.  There are more family functions, more recreational gatherings, more opportunity where people are irriated with each other.  The articles offers some interesting numbers. 

Just be yourself

Today, Ernie the Attorney has a wonderful POST  about someone special.  As I read this wonderful story from Ernie, I was reassured of something I have strived for in my own practice of law.  And that is to be yourself.  Some of you who know me, know that I grew up on a farm in North Central Kansas; in the same rural community that I currently live in with my wife and four great sons.  And the one thing that I have always tried to remember, is where I came from.  I came from a hard working farming family and most important of all, I try to remind myself that I am no more important than those I represent and try to help.  I remember early in my practice, I would have some of the stuffy lawyers mention that I must ask like an attorney.  What exactly did they mean?  When I think of this, I am reminded of one of my favorite movie lines, from one of my favorite movies, "Mr. Baseball."  And that line is, "you are so uptight you could not get a greased BB up your butt."   Did I need to act so stuffy that I thought myself better than everyone else, especially than those I help.  That was not and is not for me.  We all need to remember what Ernie points out in his great post, do not take yourself too seriously.  Thank you Ernie. 

Case Law Update for April 22nd, 2005

There are three new cases this week in the area of family law.  I will be posting a post for each case shortly.  I want to post for each one so that if you are searching, your search request will pull up the one that applies to your search and not all three.  Be back shortly with the summary on each case.

Changing a Child's Name

Kansas law requires that in order  to change a child's name from that originally given, a Petition for Name Change be filed, or that the statutes governing a particular kind of action provide for such a name change. Kansas cases indicate that a child's name may be changed if the court finds the   change to be in the best interests of the child. The Courts do not have the power within either a divorce action or a parentage action to change the name   of a child. Kansas law expresses no preference that a child be named after the father. Where there is opposition to a name change, the Court must decide what would best serve   the interests of the child.