Law Office of Laurie Kadair Redman, L.L.C.

  • 5261 Highland Rd. #388
    Baton Rouge, LA 70820
    Phone 225.766.5454
    Fax 866.830.9239

Copyright 2005-2008 Laurie Kadair Redman

Disclaimer

  • This website is made available by the lawyer /publisher for educational purposes and to provide general information, not to provide legal advice. By using this website you understand that there is no attorney client relationship between you and the lawyer/publisher. This website is not a substitute for competent legal advice from a licensed attorney in your state. Laurie Kadair Redman is licensed to practice in Louisiana.

Children & Parenting

Partnering with Your Kid's School

The HSC Foundation has developed a booklet designed to help parents of children with health or mental health care needs learn about available resources and partner with he child's school. The booklet is available in English and Spanish here.

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Talking to Your Children About Family - Free Online Resource

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All children want to know where they came from. In non-traditional families, the answers may be more difficult.

The Family Equality Council sums it up like this:

The presumption of a mother and father creating a child (which may be valid for some of our children) is one with which our children will be saturated through their daily interactions with children’s books, the media, school personnel, peer discussions and exposure to various family models. It is your job as a parent, whether you identify as part of the LGBTQ community or not, to teach your children about different family constellations.

The council offers a free publication Talking To Children About Our Families that contains age-appropriate language and examples for some of the questions you might get from your own kids and others in your life. Download it here. Check out their other publications here.

Hat tip to: Family Equality Council

Same-Sex Divorce

Mombian has a post today regarding a recent Washington Post Article on same-sex divorces. The article highlights several areas where the law is unsettled and same-sex couples are at a disadvantage, such as:

  • Family issues. Most agree that it is best to for the non-biological parent to adopt the children and that's still a good idea. However, courts that typically favor the mother in custody cases may face two moms. Also, for the non-bilogical parent that has not adopted, that parent is not entitled to child support.
  • Financial issues. Heterosexual couples divorcing get a tax deduction for alimony payments, but because federal law doesn't recognize same-sex marriage, the tax deduction doesn't apply. Plus, retirement and pension plans, easily split for heterosexual couples divorcing, have to be cashed out and and are heavily taxed for same-sex couples.
  • Crossing state lines. The Rhode Island Supreme Court, recently ruled that the state's family court lacked the authority to grant a divorce for a same-sex couples because that state doesn't recognize same-sex marriage. This left the couple involved without a vehicle for divorce unless they returned to Massachusetts where they were married.


Read the Mombian Post here and the Washington Post article here (free registration may be required).

Why Research Matters - a Perspective on LGBT Research

Abbie E. Goldberg, Ph.D., as guest author, provides information on why it is important for you to participate in research if you are LGBT.  Abbie writes:

 

When I started researching lesbian parenthood, about seven years ago, I quickly learned that I was entering a field in which any research that I produced had the capacity to be used for good or misinterpreted for evil. Studies that demonstrated the positive adjustment of children of lesbian and gay parents are cited repeatedly in courtrooms, as evidence as to why it is not fair to deny a parent custody on the basis of his or her sexual orientation (i.e., in divorce proceedings). At the same time, critics of gay/lesbian parenting have often argued that the flaws in these studies preclude us from drawing these conclusions. In response, we as researchers of LGBT parent-families have often had to carefully (and repeatedly) explain and defend our findings and research methodology. In addition, our critics have pushed us to improve the rigor of our research designs (for example, including larger numbers of participants in our studies, and seeking out more diverse participants for our studies), which is, ultimately a good thing: Better science and fewer flaws means that our findings are less vulnerable to hen-pecking.

Continue reading "Why Research Matters - a Perspective on LGBT Research" »

Mom Fights Sperm Donor for Custody

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Mombian reports on a recent case involving a lesbian mom in Texas who may lose custody of her son to the sperm donor. When Tamila and her partner, Jennie, decided to have children, Jennie's uncle seemed like a good choice as donor. The child would have genetic links through both parents since Tamila would carry the child. While Tamila and Jennie were together, the arrangement worked out fine. However when they split, the situation deteriorated. Now, the donor is suing for custody and Tamila faces the prospect of spending only one weekend a month with her son. This case illustrates the need for consulting with an attorney before entering into a sperm donor arrangement.

Thanks to Mombian for the post.

Read more about the case here.

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What is a Family?

The Family Pride Blog has a recent post on the current definition of family.  As they note, the traditional definition of family as mom, dad, two kids and Fido leaves out many families. Among them:Funny Face

  • Elderly couples who chose not to marry because of Medicaid rules or other reasons
  • Unmarried partners (opposite sex and same sex)
  • Brothers and sisters living together
  • Single parents who live together with their children to pool resources
  • Grandparents raising their grandchildren

Family Pride quotes a post in Constant Chatter:

"So what is a family in 2007? …A family is (and always has been) an ongoing creation – if home is where when you have to go there, they have to take you in, then family are the people who take you in, no matter what. For some people, family is the nucleus of two parents and two or three children, living in a simple home. For others, family is a much larger, multigenerational structure, sometimes living together in a large dwelling, helping one another, getting into one another’s business, and raising generations of children together. For many city dwellers, family is one’s circle of friends, to whom we turn for everything from Sunday brunch to Passover Seders, acting as one another’s advisors in all things from childcare to divorce, and being there for one another in a world that can sometimes overwhelm and frighten even the toughest among us. With or without children, with one parent or two, gay or straight, we all cobble together families as best we can, because, in the end, there is something exceedingly human in our desire, our need, to be a part of a loving and supportive group that will be there for us. The world will change, our society will evolve, but our need for family, that is eternal."

Family Pride sums it up like this:

"The defintion [sic] of family will continue to evolve with our society, but the language of bedtime and bath time, hugs and homework bonds us all together as parents."

Can't say it better than that.

Sources: Family Pride Blog, Constant Chatter

Adoptive Parenthood Study

If you are part of a of a same-sex couple and planning to adopt for the first time, your help may be needed in a study on the transition to adoptive parenthood.  Participants will be interviewed individually by phone during the pre-adoption period, and then again three months after the adoption. For more information about the The Transition to Adoptive Parenthood Project  contact Abbie Goldberg, Ph.D., at 508/793-7289, or by email, at agoldberg@clarku.edu.

Download a brochure describing the study here:

Download brochure

Thanks to the Human Rights Campaign Family Newsletter. Check out their website here.

 

Oklahoma Law Barring Recognition of Same Sex Adoptions Held Unconstitutional

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A panel of the U.S. Court of Appeals for the 10th Circuit upheld a lower court decision striking down, as unconstitutional, an Oklahoma law barring recognition of adoptions by same-sex couples already finalized in another states. The Adoption Invalidation Law, passed in 2004, said that Oklahoma "shall not recognize an adoption by more than one individual of the same sex from any other state or foreign jurisdiction."  The case involved three same-sex couples who had adopted children in other states. The 10th circuit held:

"We hold that final adoption orders by a state court of competent jurisdiction are judgments that must be given full faith and credit under the Constitution by every other state in the nation. Because the Oklahoma statute at issue categorically rejects a class of out-of-state adoption decrees, it violates the Full Faith and Credit Clause. "

The case is Finstuen v. Crutcher and can be read online here.

Thanks to Grant Griffiths of the Kansas Family Law blog for this post.

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GLBT Foster Parents

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In observance of National Foster Care month, the Human Rights Campaign is featuring a story from a GLBT foster family in Austin. This family provides a foster home for children who have endured unimaginable neglect and abuse.

Holly Lindsey writes about their first child, a troubled 14 year old:

"Our first year together was filled with hours and hours of raging. The hurt and anger that poured from her ripped at our hearts. But we refused to give up on her even though everyone told us to let go. I won’t lie — it was a horrible year. But we survived it and are proud of all the steps — big and little — that she makes every day. She fights to survive and grow."

What courage and commitment! Just what these children need. As a court appointed special advocate (CASA), I work with children in foster care and applaud this family for their dedication to foster children.

Source for post: Human Rights Campaign

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Massachusetts Governor Sues to Force Vote on Same-Sex Marriage Amendment

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Governor Mitt Romney, filed suit Friday to force the Massachusetts legislature to vote on a constitutional amendment banning same-sex marriage. On November 9th, the legislature voted to recess a constitutional convention before the matter was taken up. Massachusetts law requires two votes by the legislature before the measure appears on a ballot. Proponents assert that the vote for a recess was a deliberate attempt to avoid an up or down vote on the amendment by citizens. Read more about it here.

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