Is snooping in your spouse's e-mail a crime?

By Edwards & Associates, Fathers' Rights Attorneys on Tuesday, December 28, 2010

By John Springer TODAYshow.com contributor

Video: Is snooping in your spouse's e-mail a crime? 

TODAYshow.com contributor
updated 1 hour 3 minutes ago 2010-12-28T15:39:17 

Is snooping in your spouse's e-mail a crime?

By Edwards & Associates, Fathers' Rights Attorneys on Tuesday, December 28, 2010

By John Springer TODAYshow.com contributor
Video: Is snooping in your spouse's e-mail a crime?
TODAYshow.com contributor
updated 1 hour 3 minutes ago 2010-12-28T15:39:17
A Michigan man who accessed his wife's e-mail account while she was allegedly carrying on an affair faces up to five years in prison when he goes on trial Feb. 7 on a charge he violated a state law typically used against hackers intent on making money or mayhem. 


The question for the judge or jurors who will hear the case isn't whether Clara Walker gave Leon Walker, 33, permission to inspect her Google e-mail; he admits she didn't know what he was up to until her e-mail messages became an issue in their divorce and child custody battle.
But Leon Walker claims that he had every right to poke around in the computer because he was concerned that his wife's lover - the second of her two former husbands - might be abusive to her around their young children. Walker also contends that he had the right to go on the computer because he bought it, it was in his home, and she left the password lying around.

'No choice'
"She kept a copy of every password she had next to her computer in her address book," Walker told NBC News in a report that aired Tuesday on TODAY. "I felt that with the risk to my daughter and to my stepson, I had an obligation to check. I had no choice."
However, prosecutors in Michigan say Walker did have a choice, and made a bad one. They have charged him with unauthorized access to a computer in order to "acquire, alter, damage, delete or destroy property."

Kimberly P. Mitchell / AP 

Leon Walker, 33, who says he learned of his wife's affair by reading her e-mail on their computer, faces trial on felony computer misuse charges. Oakland County Assistant Prosecutor Sydney Turner said the charge is justified. But because the statute doesn't specifically address the issue of a computer that is arguably a jointly owned marital asset, Walker's lawyer, Leon Weiss, is expected to argue that the statute should not be applied to domestic snooping.
If the prosecution is successful, the repercussions for the criminal justice system could be profound. "If there's going to be a concerted effort in the future to prosecute everybody who looks at somebody else's e-mail under their roof, they had better build a bunch more courthouses because we don't have enough courthouses," Weiss said.
Vote: Have you ever snooped in your significant other's e-mail?
Privacy law writer Frederick Lane told the Detroit Free Press that the law typically is used to prosecute identity theft and stealing trade secrets. He says he questions whether a wife can expect privacy on a computer she shares with her husband.

Opening the floodgates?
The problem with prosecuting people for merely reading other people's e-mails is that it is just so easy to do when the parties are in a relationship, Rikki Klieman, a criminal defense attorney and former Court TV anchor, told Natalie Morales Tuesday on TODAY.
If prosecutors around the country follow Michigan's lead and apply hacking laws to husbands, wives, boyfriends and girlfriends, the criminal courts will be deluged with cases that rightly belong before family court judges, Klieman said. "Are we going to put all of these people in prison? Are we going to prosecute people for felonies?

Video: Is snooping in your spouse's e-mail a crime? (on this page)
"If the legislature wants to enact a specific law that says 'Thou shalt not look at thy spouse's intimate e-mails,' let them go ahead and do it," she added. "You would think there is more serious crime they have to deal with."

Clara Walker declined comment when contacted by NBC News

Clara Walker declined comment when contacted by NBC News.

Holiday Tips for Divorced Families

On behalf of Edwards & Associates posted in Custody on Thursday, December 16, 2010

In our last post, we discussed parental alienation syndrome and the importance of children having both parents in their lives. Right now, the holiday season is upon us and Christmas is a short nine days away. The holidays can be a very stressful time for divorced parents.

Many of us can look back fondly on our childhood memories of the holidays, but for children of divorce their memories can be quite different if parents fight. Thankfully, Dr. Mary Anne LoFrumento, the author of the "Simply Parenting" series has some tips to help divorced parents give their children the most joyous holidays possible. We would like to share the Doctor's tips with you to keep in mind when planning for the holidays.

Putting the Children First

This time of year, it is especially important to put the needs of the children first. Bad holiday memories often come from fights between the parents over scheduling, gifts, or sharing time. If arguments arise between you and your ex-spouse, do your best to keep the kids out of it.

Show Unity

Children are very observant and they know when their parents are fighting. It is important for both parents to keep a positive attitude about the holidays and that it is still a special time of the year even if not everyone is together. It is a great gesture to help younger children pick or make a gift for the other parent.

Scheduling

Often, the divorce decree or agreement will detail what days the children spend with which parent. It is important to stick to this schedule, but if there is no schedule, it is important to plan ahead in detail.

Try to avoid splitting days between parents. Splitting days does not allow children to fully enjoy the time they spend with one parent if they are constantly worried about leaving. If families live near each other, make sure that the kids get to spend at least one full day with each parent. When families live too far apart to visit both sides, some parents will alternate years.

It is important to communicate your plans to the children and explain to them what is going on. Some children will feel guilty about leaving a parent behind. In those situations, letting the child know what you will be doing while he or she is gone will often help with that guilty feeling.

Sticking to your holiday plans and dropping of and picking up the kids on time is a top priority, except in cases of emergency.

Keeping in Touch

If you cannot be with a child on a holiday, planning for a phone call in the morning is a great way to make the child feel special, and this will help the child feel better about being away.

Avoid Gift Contests

Some parents will engage in competitive gift giving and try to give bigger and more expensive gifts than the other parent. In addition to coordinating schedules, coordinating and discussing gifts is a good way for divorced parents to avoid competition.

Source:
WPTV.com, "Keeping the 'joy' in the holiday season for families of divorce," Connie Colla, 12/15/2010

Tags: child custody, divorce, holidays, visitation

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Parental Alienation Syndrome Gains Increased Recognition

On behalf of Edwards & Associates posted in Father's Rights on Tuesday, December 14, 2010

Parental alienation syndrome, or PAS, is the result of one parent engaging in an effort to isolate, denigrate or alienate the other parent. Cases involving parental alienation syndrome often involve children becoming hateful or fearful of one of their parents after a divorce. The consequences to both the alienated parent and the child can have devastating life-long effects.

PAS is recognized by most family law judges, but many judges are not aware of its serious effects and do not know the best way to address and prevent PAS. However, there is a strong movement in the psychiatric community to promote awareness of PAS and classify it in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders. The DSM is an official catalog of mental disorders.

One of the leading proponents for including PAS in the manual is William Bernet, a psychiatrist at Vanderbilt University who has said PAS "causes horrible outcomes for children." Not only have studies shown that PAS causes long-term harm to children, children who are affected by PAS effectively lose half of their family and half of their heritage.

Psychologists say that PAS cases range from mild to severe. Mild cases involve a parent who is unaware of what he or she is doing and will stop alienating behavior when they learn how harmful it is to the child. Moderately harmful cases involve a parent treating the other parent like an adversary and asking a child to spy on the other parent. Severe cases involve narcissism or a strong fear of abandonment and an obsessive hatred for an ex-spouse. In severe cases, the alienating parent's hatred for his or her ex-spouse is stronger than the instinct to protect their children from harm.

Source: Denver Post, "Recognizing parental alienation syndrome," Mary Winter, 12/5/2010

Mel Gibson in Court Again in Child Custody Fight

Mel Gibson has had a brilliant film career and seven kids with his ex-wife, but it is his eighth child he had with his ex-girlfriend, Oksana Grigorieva, that has kept him in the headlines lately. In late September, Judge Scott Gordon ordered Mel Gibson to pay $20,000 per month to Oksana in child support for their one-year-old daughter, Lucia. This was an increase of the previous amount of $5,000 monthly.

This month, Gibson and Grigorieva have twice been back in family court fighting for custody of their daughter. In an earlier proceeding, Gibson argued that he should be allowed to deduct a housing payment from the $20,000 child support payment. He has been paying $6,000 monthly for the home Grigorieva shares with her mother and Lucia. Judge Gordon ordered that Gibson pay the full $20,000 in addition to the $6,000 and ordered that he pay $60,000 in back support.

Michael Douglas's Wall Street Money Safe for Now

 

On behalf of Edwards & Associates posted in Property Division on Thursday, November 18, 2010

In 1987, Michael Douglas starred as the infamous Gordon Gekko in the hit movie, "Wall Street." Gekko had an uncanny talent for separating people from their money. Now, Douglas's ex-wife, Diandra, would like to separate Michael Douglas from some of his Gordon Gekko money. From 1977 to 2000, Michael and Diandra were married and they had one child together. In 2000, they divorced and as part of their settlement agreement Michael agreed to pay Diandra half of all the proceeds from film, television, and stage performances he did during their marriage. Diandra would also argue that she is entitled to half of any income related to those performances.

As a result, she has sued Michael Douglas for half of his earnings from the sequel to "Wall Street" made this year, "Wall Street: Greed Never Sleeps." After all, Michael starred in the original while they were married and he reprised his role as Gordon Gekko in this year's film. Had the role of Gordon Gekko in the 1987 film gone to another 1980s actor like Tom Selleck as Gekko P.I. or Harrison Ford as Indiana Gekko, Michael Douglas would not have been offered the role in the 2010 sequel.

Michael Douglas takes the position that Diandra is not entitled to earnings from post-divorce movies, whether they are sequels or not. Earlier this month Diandra's lawsuit was dismissed, but this will not be the end of the story.

Although they were divorced in California, Diandra filed her lawsuit in New York. A New York judge ruled that California was the proper place for the lawsuit because California has more familiarity with the legal and factual issues on the Douglas divorce. It is important to point out that this dismissal is not a decision on the merits of Diandra's claim, so she will be able to re-file her lawsuit in a California court.

As this story demonstrates, property division in divorce can be one of the most complex issues to resolve. The Douglas divorce was finalized in 2000, yet they are still arguing over marital property division. Ultimate resolution on this issue is going to have to wait until a California court has its say. All indications are that the decision will depend on an interpretation of California's unique marital property laws and the language in the Douglas's settlement agreement.

Source: Bloomberg: Michael Douglas Ex-Wife's 'Wall Street' Suit Is Tossed Over Venue Issue; Karen Freifeld, 11/15/2010

Prenuptial Agreements: A Growing Trend in Family Law

On behalf of Edwards & Associates posted in Property Division on Tuesday, November 16, 2010

When we think of prenuptial agreements, often the first thing that comes to mind is a celebrity or a business mogul like Donald Trump. However, a recent study done by the American Academy of Matrimonial Lawyers (AAML) shows that prenuptial agreements are not just for the rich and famous anymore.

Often times, property division is one of the most contested aspect of a divorce, whether or not the couple has substantial assets. Sometimes called antenuptial agreements, premarital contracts or simply prenups, prenuptial agreements are contracts entered into before marriage between spouses. The agreements detail how property will be divided in the event of a divorce.

The AAML study reported that 73 percent of attorneys have seen an increase in prenuptial agreements over the past 5 years. Of the attorneys who responded, 52 percent also saw an increase in women requesting prenuptial agreements. Why the increase? Are people becoming less trusting in the 21st century?
Possibly, but the increase in prenups has more to do with the economic situations of the parties. Many of the people requesting prenuptial agreements are entering a second marriage after a previous divorce. They have been through one property division contest, and would like to avoid another.
However, prenuptial agreements are not just for remarrying people. Many people tying the knot for the first time are requesting prenups as well. Since 1980, we have seen the average age that people marry for the first time increase. For men, the average age has climbed two years and is now at 26.8 years old. For women, the average age has increased three years and is now 25.1 years old.

People are not marrying immediately after school as much, and are spending more time working before marrying. This gives people an opportunity to earn more, and bring more property to a marriage. When people bring more assets to a marriage, they want to protect them.

Whenever a couple divorces, a court must divide their property between the spouses. While prenups are a good tool to prevent property fights, they can often be subject to interpretation by the courts. Whether or not you have a prenuptial agreement, experienced family law attorneys understand Georgia marital property law, and can help you understand your property rights.

Source: Minneapolis Star Tribune: More couples saying 'I do' to prenups; Jeff Strickler, 10/27/2010

Lil Wayne Slapped With Paternity Suit While in Jail

Lil Wayne Slapped With Paternity Suit While in Jail

On behalf of Edwards & Associates posted in Father's Rights on Thursday, November 11, 2010

Just days ago, Lil Wayne was released from jail after serving time for an October 2009 weapons charge. While he was still in jail, Lil Wayne received an unwelcomed message. The grandmother of an 8-year-old boy has filed a paternity suit against him claiming he fathered her grandson in 2002. If he is found to be the father of the boy, he may be on the hook for child support.

A court order required him to submit to a DNA test before September 10, but since Lil Wayne did not leave prison until November 5, the judge has pushed the DNA test deadline back to December 9. It is presently unclear why it is the grandmother, and not the mother of the child, who filed the paternity action.

We don't have any information on if Lil Wayne has acknowledged this child, or would like to be a part of the boy's life. If this is indeed his child and he would like to have visitation, it may become more complicated. For example, in Georgia, paternity can be established by DNA testing. However, paternity is only part of the issue if a father would like to be involved in his child's life. Paternity does establish that a man is a child's biological father, but that only obligates him to support his child. If a father wants to have visitation or custody rights, he must also request legitimation from a court.

Legitimation is the only way, apart from marrying the mother, that a father can have legal rights regarding his child. Without legitimation, a father can be required to pay child support, but the child's mother can deny visitation and communication with the child. Legitimation has some additional benefits for the father and child, including inheritance rights and the father's name being on the birth certificate.

Source: CBS: Lil Wayne a Free Man, but Was Hit with Paternity Suit Behind Bars, Says Report; Caroline Black, 11/10/10

Mother Arrested After Defying Child Custody Order

Mother Arrested After Defying Child Custody Order

On behalf of Edwards & Associates posted in Custody on Tuesday, November 9, 2010

A mother had lost custody over her 1-year-old daughter. She was ordered to turn the baby girl over to the child's father. She chose instead to make a run for it. Her plan was to pick up her other child at daycare and leave the area, but the daycare staff became suspicious and alerted authorities.

Monday morning, the mother was arrested and charged with interfering with the child custody rights of the child's father. The child, unharmed, is now being cared for by her father.

Child custody can be a highly emotional issue for obvious reasons. But, it is unfortunate the lengths some people will go in child custody fights. In this case, the mother could not or would not accept a court order and instead took the law into her own hands. Had she been successful in her attempt, she might have been committing parental kidnapping and would have prevented her baby from having her father in her life. Since she was thwarted in her attempt, she is being held in jail without bail and has greatly damaged any chance she had of regaining custody.

As this story illustrates, when a court makes a decision in the other party's favor, taking matters into your own hands is highly self-destructive. When a decision goes against you, experienced family law attorneys understand that child custody decisions are always subject to modification.

If a parent can show there has been a substantial change in circumstances that affects the welfare of the child, then the courts are willing to modify child custody orders. Some factors that can contribute to a change in circumstances include one parent moving, a change in a parent's life style, or the wishes of the child. Family law judges do have a great deal of discretion in making child custody decisions, and the process of obtaining or modifying a child custody order can seem confusing, but experienced family law attorneys are available to help.

Source: TBO.com: Pasco mom arrested after abducting daughter, authorities say; 11/8/2010