Hanging By a Thread

Love Wins {Marriage Equality in MN}

And then there were 12

I had just parked at the library. The boys had unbuckled and were bouncing around the van, ready to go pick out some books. I decided to check Facebook one more time to see if the MN Senate had voted yet.

The first five or so posts that met me as I scrolled through my stream immediately told me that Minnesota had indeed passed the Marriage Equality Bill (which Gov. Dayton will sign today), allowing for gay marriage in our state.

I happily announced it to the boys. I explained once again what that meant for the people of our state. And tears flowed from my eyes.

The boys said, "Why are you crying? You're already married." They asked me, "Why are you sad?"

I explained that they were tears of joy. And yes, while their dad and I are already married, this law will mean that many loving, devoted couples can now be married, as we are, if they so choose.

I couldn't help but think of our friends and family who are affected by laws that discriminate against them and their loved ones. I couldn't help but think of all of those who feel liberated and empowered by this new law. I couldn't help but think of the future generations and what this law will mean to them.

Marital Status

This law has nothing to do with sexual relations. This law is about the basic rights of a married couple both in life and in death. This law is about giving adults of sound mind, regardless of sexual orientation, the right to marry whom they choose. This law is about giving couples basic rights regarding insurance coverage, hospital visits and medical information, testamentary rights, tax status and deductions, and more. This is a legal distinction; this is a human rights distinction.

People can live together, sleep together and spend their lives together without a marriage certificate, so long as they choose to and are of legal age. That wouldn't change whether this law had passed or not.

In addition to the legal rights afforded by this law, what changes is the legitimacy of these relationships from the perspective of others. The level of commitment won't change for the couple who has devoted the last 20 years to each other, regardless of legal marital status, but it will change the way the world views them. They will be married; they will be connected in the eyes of the state; they will be one unit for all to know and recognize.

Marital Injustices

It wasn't that long ago that the issue being discussed and legislated was marriage between a white person and a person of color.

In Loving v. Virginia, the 1967 U.S. Supreme Court case that made inter-racial marriage possible in every state, Justice Earl Warren wrote, "Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."

Yes, Justice Warren was specifically discussing racial discrimination, but in so many ways, we're talking about the same thing. Opponents of Marriage equality among gay couples fear that it will ruin the institution of marriage; that it will hurt our kids and damage our country's morals. Opponents of inter-racial marriages made of a lot of those same arguments.

The Scoop

I'll tell you what hurts our kids and damages our country... It's hate and fear and closed hearts and minds. It's the idea that one group knows what's best for another group. It's failing to love each other regardless of our differences and our similarities and in spite of them.

And so it was with tears of joy and gratitude and pride that my Christian, hetero-sexual, happily-married-to-a-man, heart swelled with rainbow-colored pride when I heard the news that MN had just become the 12^th state in the U.S. giving all adult couples the option of marriage! Thank you, MN Legislators!

I will respect your opinion, even if I don't agree. Will you respect mine? Over and out...

Anna

Collage: Creating Something New from Something Broken {A Lesson in Persistence and Love}

England Summer of 1996

Back in 1996, I spent a magical, amazing summer in London. I toured a number of cathedrals and castles and towers in London and the surrounding countryside while there. All were impressive and beautiful; some left more of an impression than others. One story that has stayed with me all these years came from the tour of Winchester Cathedral; one of the oldest and longest cathedrals in England.

In 1642, Cromwell's troops smashed the huge stained glass windows in this cathedral. The women of Winchester gathered all the pieces of the shattered glass and tried to put the pictures back together, but they couldn't. So, instead they simply used all the pieces to make a collage of sorts.

The pieces are there, but they're just in a different order; creating a completely new work of art. It was one of the most beautiful stained glass windows I've ever seen.

This story really touched me; the care and love that went into that window must have been great.

Texas Summer of 2011

In the summer of 2011, I wrote about the end of the marriage between my sister-in-law and brother-in-law and my anger and grief over losing my sister-in-law in the process. It was a gut-wrenching, broken-hearted, confusing time for our family.

My sister-in-law and brother-in-law kept saying they were praying for a miracle.

Half of me thought with a smirk what kind of miracle? The divorce petition had been filed and served; my brother-in-law had moved out; hearts had been torn in two. The other half of me thought why can't this story end like a country love song {my favorite kind of country song} and they vow to love each other and make it work.

But mostly, I thought it was over and we would all learn the new rules of family gatherings, holidays and loss from divorce.

Texas Summer of 2012

Well, I was wrong. They got their miracle. A year after thinking it was over for good a crazy, miraculous thing happened. They fell in love; a love like they had never had. This love is deep and wide and puts goofy smiles on their faces.

Persistence and New Designs

Sometimes something can be so broken; so crushed down and ripped into little pieces that it becomes unrecognizable. Often those pieces are swept up and thrown into the garbage. But sometimes those pieces are carefully gathered and preserved until they can be put back together again. And like the Winchester Cathedral, you can't always get those pieces to look like it did before. No, instead, it becomes something completely new and more beautiful than before.

And that's what happened here. There was a marriage before, but it never looked like this. Now, it's a beautiful work of art that was hand-wrought from hard lessons learned, a new common aim and a deep and abiding love for each other and their family that was ignored and forgotten in the past, but came shining through when the shards were pieced together in this new design.

The Scoop

So, when something is broken and appears to be beyond repair, remember the Winchester Cathedral stained glass window that was pieced into an amazing new design in 1660; 18 years after it was shattered during a civil war. All it takes is a fresh perspective and an enduring persistence; and maybe a country love song or two.

I can't deny that this pleases me beyond words, brings a tear to my eye and puts a goofy smile on my face. Miracles happen every day.

Ironically, it was the summer of 1996 that this marriage began; just 1 month before I traveled to England and toured the Winchester Cathedral. Over and out....

Anna

On Fried Chicken and Casting Stones

Framing the Issue

This has NOTHING to do with fried chicken.

I have been mulling this over in my mind for a long time trying to find the right words to address this topic.

When we go to the polls in November, the voters in my state will be asked to make a number of important decisions. One of those questions regards an amendment to our state constitution concerning the definition of marriage within MN.

This topic has gripped our nation in recent months based on various ballot questions, the presidential election and the prospect of court rulings from the highest courts in the country in the coming year or two.

What am I talking about? Well, if you haven't figured it out yet, I'm referring to same-sex marriage. For the record, I am a heterosexual female and I'm married to a heterosexual male, but this debate coursing through our country has me steaming. So, why do I care?

For me, there are multiple layers to this issue.

Fueled by Fear

I don't generally argue about religious issues here on Motherly Law, but for me this discussion has absolutely nothing to do with religion. For me, this is a legal issue, just like other laws that regulate who can and cannot marry, when, where and why.

However, for some people this is a religious issue. What I can't figure out is where in the world these people got the idea that God would want them to use His name in this hateful, fear-based argument against other human beings.

What is clear to me is that this is exactly that: a hateful rant born out of fear and misunderstanding.

I ask you, do you know any same-sex couples? Well, I do, and you know what? They are exactly like "opposite-sex" couples. That's right. They casually chat with each other over a quiet dinner; they argue over whose turn it is to do the dishes or take out the trash or get up with the crying baby; they share inside jokes; they take their kids to the park; they buy groceries; they go to church on Sunday; they live their lives just like any other family in the neighborhood.

Fear of "these people" corrupting our kids and our "family values" is misplaced.

And for the record, I have known a number of "opposite-sex" couples who should have never been allowed to get married; who made a mess of their marriage; who destroyed their families; who certainly stained our idea of "family values"; some of these people are church-going, God-fearing people...for the record.

Historical Instances of Suppressing Rights

From a historical and legal review, I would ask you to think about all the laws that have sought to restrict the rights of other groups of people and have eventually been rectified and those laws amended or overturned in court. Two groups that certainly come to my mind are women and black people.

For far too many years a woman's rights to vote, to hold certain positions, get paid an equal amount for the same work, own property and make decisions concerning her own body were held in check by laws; laws made by white men. And for the record, women's suffrage was considered a religious issue in that fight too; it would ruin "family values" and all...for the record.

Our country felt so strongly about whether white men had the right to control, nay...own other human beings and treat them as property, as the laws referred to slaves, simply because their skin was darker than the men who made the laws, that our divided nation went to war to resolve this issue.

It may have taken hundreds of years, but we have finally reconciled these wrongs. We have finally recognized the rights of all human beings...oh wait. That's right. We are now fighting hard not to allow two adults who love each other the right to get married and raise a family as a married couple with all the rights a married couple has.

From a different legal perspective, many of the laws we have on our books are there to protect people from physical or mental harm, protect their property and be sure that basic human rights are not quashed. Laws are not intended to harm a particular group of people who believe something different than the majority or single out people of a certain creed simple because some of the people in the country don't understand or agree with their beliefs or lifestyle choices.

A legal union between two consenting adults of full mental capacity, regardless of gender, national origin, religion, etc. is a basic right that harms no one, at least in my book. How would you feel if your right to marry your spouse was suddenly in question?

The Scoop

You know, as I ponder this hateful rhetoric, I think that perhaps the real fear is that same-sex couples do act like "traditional" couples. I think the real fear is that "they" raise families like the rest of "us"; "they" are just like "us" when it comes to spousal duties, in-laws, career aspirations, planning the summer vacation, etc. And if "they" are like "us" then what? I think this elicits fear of the unknown for some people.

I would liken this fear to the uncomfortable, uneasy feelings that predominated white families as minority families began moving into "their" neighborhoods years ago. While most neighborhoods and communities are quite multi-cultural now and that fear has greatly subsided, the original prejudice was based on ignorance and misunderstanding of each other's cultures and values.

If we could all be loving, peaceful and kind to one another, as the Bible teaches us, then we would get along, learn from each other and live happily ever after. While that is clearly not possible, at least not yet, I suggest that we all follow the advice of Jesus found in John 8:7 when Jesus said,

If any of you is without sin, let him be the first to throw a stone...

This was in reference to a woman who had been caught committing adultery; a crime punishable by stoning. And in case you don't know the rest of the story, not one of the men present cast a stone at her or condemned her, especially not Jesus.

The point is, we have all sinned in various ways, and it's not for us to judge each other's actions and decisions and determine what's a sin and what's not and how each sin ranks on a scale 1-10.

This has NOTHING to do with fried chicken. We're talking about people, just like you and me.

And for the record, this is my opinon; a view I have a right to express thanks to our Constitution. What's your opinion? Over and out...

Anna

For more about this topic from me, please read: There's a Storm a Brewin' in Minnesota: NOH8MN

Less Than Perfect Behavior: Temporary Orders

While we were visiting Texas, we celebrated Darling 1's birthday. My sister-in-law had gotten a gift for Darling 2, as well, since his birthday is in a few months and it would be easier on her to give it to him now in-person and easier on him to receive it now while his brother was getting lots of gifts; it's hard to understand these kinds of things when you're still a little guy.

Well, Darling 2 knew about this gift, and he wanted to open it right away because he's 3 and impatient with a single-focus when there are presents to be had.

Darling 2 didn't care about the schedule of the evening or the reasoning behind waiting. All he knew is that he wanted that gift. Darling 2 felt angry and distraught and powerless in his situation; and he couldn't think of anything else.

As the evening advanced, he became more and more difficult and more and more upset knowing there was something he wanted in that bag, but wasn't able to have it until someone in charge gave the OK.

Eventually, he got to open that present and was ecstatic to find a Transformer. He quickly forgot the agony he had been in having to wait to get what he wanted once he had.

Well, adults can behave this way too.

Often, when a marriage has come to an end, but no formal divorce proceedings have begun, the once couple, now two separate beings have a single-focus of getting out of the marriage and holding on to whatever dear is left whether it's the kids, the house, pets, grandma's china, the big screen TV or a big bank account. And often, both spouses feel angry, sad and powerless in their situations.

That's not a good place to be. It's a confusing time and sometimes the result is a whole lot of...inaction. Perhaps, each person is waiting on the other to make a move; or worried that the other will act faster and more aggressively than the other; or just plain stuck, not knowing where to go next.

Many times once a couple has decided that marriage is no longer an option for them, the concern turns to custody and finances. There are questions about who will pay the mortgage, the insurance, the bills, etc. And if there are children involved the biggest tension point is most often who will the kids live with and who will pay child support and how much, etc.

The easiest and best way to answer all these questions is to get a Temporary Order in place once one party has filed a petition for dissolution of marriage.

A Temporary Order is a court order that establishes temporary custody of children and visitation schedules, amounts of spousal support and/or child support; ensures that valuable assets won't be sold; allows for who will be living in the home, paying the bills, etc. This order can remain in force until it is amended at a subsequent hearing or until the Divorce Decree is filed and takes the place of the Temporary Order.

Once the petition for dissolution is filed and one spouse is moving out, the two spouses can decide these issues on their own and then present it to the court for approval or if the two are unable to come to an agreement about these key issues, the court will decide these matters, at least on a temporary basis.

So, if you find yourself feeling powerless and confused as you face divorce and are concerned about what will happen when your spouse moves out or whether your spouse will drop you from the insurance policy or who will be responsible for making house or car or credit card payments and most importantly how will the children be taken care of, by whom and where, then you should promptly contact an attorney about filing a petition for dissolution and getting a temporary order in place.

The Temporary Order involves filing a few documents, answering some questions, working out a few things with your soon to be ex-spouse or leaving it all up to a judge and agreeing to abide by this court order until further notice. *Exact details vary by jurisdiction. Over and out...

Anna

Restraining Facebook Comments: Two Courts & Two Outcomes

A Change of Status

About a month ago, my Dear Husband Will was closing one Facebook account and attempting to migrate all his friends, connections, information, traffic, etc. over to a different Facebook account. In so doing, before shutting down the one account he changed his relationship status from "married" to "single" as he added me as his wife on his other account.

One would not have thought this would cause such a stir, but it did. On his original account, Will immediately got messages and comments from concerned and well-meaning friends when his status showed up as "Single" in his friends' streams. Will wasn't sure why everyone was so concerned until he realized what he had done.

He quickly assured everyone we were indeed still {happily} married and quickly updated his relationship on his newer account. All of this was unbeknownst to me until I noticed that my Timeline had been updated to reflect that I had just married Will on that day in January 2012.

Again, well-meaning friends who knew better than to believe that update posted messages of congratulations under that relationship update. I had seen a notification to confirm I was married to Will and had done so, but didn't think much of it until he relayed this whole story to me.

Conversations Streams

We use Facebook to share lots of information whether good, bad, game changing, mundane, of interest to all, of interest to only a few. Some people are more laid back about their security levels and who they allow to see the information they post and how much of this information is available to people they haven't approved and granted "friend" status to yet.

People use their Facebook accounts for different reasons. Some use it as a networking tool for business. Others view it as an extension of hanging out with friends at a bar or coffee shop; friends sharing information and opinions. Some people are guarded about what type and how much information they share on this platform, even among friends. Others share just about every thought that crosses their minds; or so it seems.

Regardless of how each of us chooses to use his or her social media outlets, we are all tuned in and we listen to what our "friends" are saying. We react, respond and form opinions based on this information, as illustrated in the above example.

Harassment on Facebook

Courts are still trying to figure out how social media fits with the law. There were recently two cases involving Facebook posts; one from Minnesota and one from Ohio. These cases involve different circumstances and have different outcomes.

Olson v. LaBrie

In this case, Olson found that his uncle had posted old family photos and made mean and disrespectful comments regarding those photos. Olson emailed his uncle requesting the photos and comments be removed or altered to remove Olson; LaBrie refused to do so. Olson eventually filed an application for a Harassment Restraining Order (HRO) against LaBrie.

The district court found that LaBrie's actions did not constitute harassment and did not grant the HRO. Olson appealed and the appellate court agreed with the district court's ruling.

The Court of Appeals of Minnesota held that, "To constitute harassment, words must have a substantial adverse effect on the safety, security, or privacy of another. Minn. Stat. § 609.748, subd. 1(a)(1). Comments that are mean and disrespectful, coupled with innocuous family photos, do not affect a person's safety, security, or privacy—and certainly not substantially so."

So, in the end Facebook was not a component in this case. Regardless of where the photos and rude comments were, they simply didn't constitute harassment under the MN statute.

Byron v. Byron

In this Ohio dissolution case, the Facebook statement made by the husband against the wife who already had a temporary protection order in place due to an incident of domestic violence from June of 2011, was considered to be in violation of the TPO.

In November of 2011, Mr. Byron posted to his Facebook account the following statement: "If you are an evil, vindictive woman who wants to ruin your husband's life and take your son's father away from him completely -- all you need to do is say that you're scared of your husband or domestic partner and they'll take him away!"

Mrs. Byron became aware of this statement even though she is blocked from his account and filed a motion stating he was in violation of the TPO. The TPO restricted Mr. Byron "from causing plaintiff or the child of the parties to suffer physical and/or mental abuse, harassment, annoyance or bodily injury."

The magistrate ruled that Byron had violated the TPO and sentenced him to 60 days in jail and $500 fine or in lieu of this sentence he could pay back child support and post an apology on his Facebook page for 30 days beginning February 13, 2012. The magistrate wrote the apology into the order and required Byron keep his Facebook page active during that time.

Byron complained about free speech issues, but the magistrate reminded him that while we do have the right of free speech, there are limitations; we can't just say anything.

The Byron case is not over. This case will return to court on March 19^th. Once the case is concluded, Byron may choose to appeal the court's ruling on this and/or other grounds. This is certainly one to keep an eye on.

The Scoop

As I said, both of these involve statements made on Facebook. Both have very different outcomes. So, which one is right? Well, both could be. Each state can have different standards and different language regarding various areas of the law.

However, regardless of what the law says in your state, the rule of thumb when it comes to social media is kind of like the old adage, measure twice, cut once. That is to say, think twice before posting what's on your mind; asking yourself will this harm, offend, harass, frighten, disrespect anyone?; and then hit enter once.

We certainly do have the right to say many things and post those things on Facebook if we wish, but if it's harmful, offensive, disrespectful, etc. expect that some may block you, tell the person you are making remarks about, unfriend you on Facebook and maybe in real life too and perhaps even take the matter to court. This open forum does not give you an unfettered right to say ANYTHING that comes to mind. Over and out...

Anna

Celebrity Watch: Our Emotional Connections {Inspired by Klum v. Seal}

Hollywood Divorce

So, Heidi Klum filed for divorce from Seal this week. Why is this headline news? This is certainly neither the first, nor the last celebrity divorce in the news. We watch them all with interest. Why are we concerned with the affairs of people we don't know; people we have never even met and more than likely will never meet?

The breakup of a marriage and a family is always sad, regardless of who the people are or the reasons why. People are people no matter their profession or social status, and all people feel anger, loss and sadness. But what makes the general public feel such an intense interest in a celebrity's life; whether it's a marriage, a divorce, a birth, a death or other event?

Feeling a Kinship

Clearly, much of the general public does feel this way. There are numerous blogs, publications, televisions shows and books devoted to this very topic. It's a multi-million dollar industry. We love to see what a celebrity is up to; how they live their lives. This seems to be particularly true about certain celebrity couples; couples deemed to be "normal" or "down-to-earth"; couples who stay married more than 5 years; couples who seem private and quiet; couples who seem to be happy and in love.

From all the media coverage sharing the romantic tidbits, the private moments, the glamorous getaways, the special gifts displayed for all to see we think we know them; we connect with them. I think that for many this exposure gives them a feeling of kinship with the celebrity couple; as in "if they can do it, so can we" or "we're rooting for you" sort of way.

Great Expectations

Or perhaps we are projecting our own relationships onto the celebrity couples and relying on them to pull through and make it and live happily ever after just like in the movies. Often that is not the case, especially for those matches made in Hollywood.

We know this. It's always been the case. There aren't many of these marriages that last a lifetime. Celebrities don't usually mate for life; instead many of them change spouses as often as they change movie roles.

Too harsh? Perhaps. But stop and think about the celebrities that we put on pedestals; those whom we feel disappointed in or let down by when we hear that he or she cheated or that he or she was abusive, etc. ; why do we put faith in these people? Why do we expect more from them? Why do we need them to stay married, be good husbands and wives and ride off in the sunset together?

Hollywood Splits Good for Our Marriages?

These celebrity marriages {& dissolutions} have nothing to do with our lives; with our marriages. And yet, we continue to buy People magazine; we continue to tune into to the celebrity gossip sites; and we continue to discuss their engagements, weddings, parenting choices and breakups with our friends and have an opinion about it all.

As it turns out, psychoanalysts say we do identify with various celebrities or perhaps see a particular celebrity couple as having things in common with our own marriages, and we have an emotional connection to them because of these similarities. So, when something like a divorce occurs, we do feel a little like it's happening to us. We feel the sadness and heartbreak as we imagine they are feeling too.

However, experts say this can also encourage us to look at our own marriages and learn positive lessons from the demise of our favorite celebrity couple. These breakups may prompt us to ask questions like, "could this happen to us?" In fact, the report of a celebrity couple filing for divorce could be a good way to bring up issues in your own relationship that are of concern to you or areas that need improvement, etc.

The Scoop

So, if you're feeling a trace of sadness over the announcement that Heidi Klum has filed for divorce after 7 years of marriage to Seal, you're only human and it could actually be good for your marriage. Over and out...

Anna

Losing It: Mental Illnesses and Child Custody Issues {A Post from the Past}

Some Days

There are some days; days that I feel that I am one step away from completely losing my marbles. The chaos, the lack of sleep, the stress, the ups and downs of life, it can be overwhelming. But I keep it together...for the most part. I know that these days are just that; one day ever so often in a life full of many days. I don't have a mental illness, and I have a spouse who can take the helm for a bit while I sort through my feelings, get some rest and move past the funk.

Mental Illnesses

And yet, there are parents out there who do struggle with mental illnesses. For some of these parents just making it through each day is a challenge; every day. For other parents with mental illnesses, medication can alleviate the symptoms and bring balance back to that parent's life; and the family's lives, for that matter.

Some of these parents have to find a way to cope with their illnesses and handle divorce and/or custody issues too. And other parents struggling with mental diseases are single parents dealing with everything on their own; work, finances, illness, parenting, medications. Many questions arise in these situations.

Custody Issues

For parents with severe mental illnesses the rate of losing custody is between 70 – 80%. Some states have laws that list mental illness of a parent as a condition for losing custody. The severity of the illness, combined with the symptoms of the particular mental illness, side effects from medications and the absence of another parent in the home are among the determinants for removing a child from the house of a mentally ill parent.

While all parents have a right to raise their children without government interference, the courts must weigh what's in the best interest of a child with a parent's mental disabilities and the impact on the family. If it's clear to the court that a child will be endangered by the parent's incapacity to care for his or her child, the court must remove the child from that parent's home and award custody to the other parent {in a divorce situation}, a grandparent or another competent adult.

In order for a court to determine what's in the best interest of a child, extensive mental health evaluations are ordered for the parent. The mere presence of a mental illness does not determine whether that parent will completely lose custody rights. In some cases, the court will find that based on all the evidence presented, a parent with a mental illness is still capable of caring for his or her children, at least some of the time.

A court's concern is that a child living with a mentally ill parent may suffer from neglect or abuse, be subjected to unsafe conditions or situations or be forced to take care of the parent instead of the other way around. Courts take these situations very seriously.

Due to these concerns of the courts and the high chance of losing custody, some parents in this situation may attempt to hide the illness or minimize the effects of the disease or the medications. Parents may even avoid needed treatment for mental diseases for fear of losing custody. While this is understandable considering how painful it would be to lose custody of a child, the parent must keep his or her focus on the child's safety and general well-being.

It's important to be forthright with any investigation, whether you are the parent being assessed; or the parent being evaluated is your spouse or soon-to-be ex-spouse, a friend or a family member. Again, the focal point must always be the best interest of the child.

The Scoop

No matter the determination or outcome of any case involving a parent and/or child with a mental illness, it's a heartbreaking situation; and not one taken lightly by the courts. Termination of parental rights is final, but a custody situation is changeable, depending on circumstances. For instance, if a parent seeks treatment, becomes stable on medication, etc. the parties could revisit the custody arrangements, if so desired.

No matter how you look at it, a case involving a parent suffering from a mental illness is never easy for anyone involved. Over and out....

Anna

On A Soapbox: Suing Mom?

Worst Mommy in the World

I am not the most patient mom in the world. I'll admit it. I have been known to lose my temper. It's true. I have, at times, been called "the worst mommy in the WORLD!" by my hot-headed, tantrum-throwing offspring. I've been judged and sentenced to time out or prison, whatever that is to a 5 year-old. I have sometimes agreed with the sentences pronounced upon me...sometimes.

But my children are still young, impetuous and unschooled in life, and I expect that in time they'll grow and mature and understand that life isn't fair; they don't get everything they want whether they deserve it or not; and that they won't always deserve, or need, the things they may think they simply cannot live without.

Extreme and Outrageous Behavior

I pray that my kids will understand these things and love me regardless of how much {or how little} I spend on them. I sincerely hope my kids don't ever sue me because I wasn't the "world's best mommy" in their view every day.

You think it's absurd that I would hope such a thing? Because seriously, what kind of values am I teaching my kids, right? What kind of brat would sue a parent over such trivial and unimportant issues? Who, indeed? Well, I'll tell you precisely who: Stephen A. Miner II and Kathryn Miner, now 23 and 20, respectively, of Barrington Hills, a wealthy Chicago suburb.

These spoiled, rotten brats {in my opinion}...ahem...siblings sued their mother. What did they claim she did to them as children? Were there allegations of locking them in the closet; leaving them in the car until 2 a.m. while she sat in a bar drinking; physically, sexually or mentally abusing them, withholding food or shelter from them? No, these two claimed emotional distress and sought damages for her alleged "extreme and outrageous" behavior. Here are some of the specific instances that lead to these claims by said Plaintiffs: The Respondent, a.k.a. Mom, allegedly:

• Told Steven when he was 7 that she would call police if he didn't buckle his seat belt.
• Failed to send college care packages and birthday cards for many years, and when she sent cards, failed to include cash.
• Changed her last name, causing distress at school events.
• Sent Steven a birthday card showing a bunch of tomatoes, one with googly eyes, with the caption: "Son I got you this birthday card because it's just like you … different from all the rest!"
• Haggled over the amount spent on Kathryn Miner's party dresses.
• Called Kathryn Miner at midnight while she was at homecoming and told her to come home.
• Played favorites with the kids.

~Source: ABA Journal, August 29, 2011

Family Dynamics

So, where was the father of these shallow kids when they were contemplating suing dear ol' mom? Where, indeed? Why he was one of the attorneys who helped to bring this suit to court. Their father represented them in this lawsuit. Ah, this is starting to make more sense, isn't it?

When little Steven and Kathryn were and 7 and 4, their parents divorced. Steven Miner, Sr., their father, was awarded full custody of young Steven and the two parents shared custody of their young daughter. Clearly, there are still some issues that should probably be resolved in therapy or during long, open-hearted, emotional conversations with each other.

This week, an Illinois appellate court dismissed this case finding that the mother's alleged conduct was neither extreme nor outrageous. The Court further stated that a ruling in favor of the children "could potentially open the floodgate to subject family child rearing to ...excessive judicial scrutiny and interference" as quoted in the ABA Journal, August 29, 2011.

The Scoop

This frivolous, petty, overly litigious claim not only wasted the time and money for all involved, but as nj.com points out it also lessens the very real and tragic stories of kids who are truly abused and mistreated by their parents.

The mother, Kimberly Garrity, other than perhaps having her heart broken by her malcontent offspring, also could have gone broke fighting this lawsuit. From several articles I read, it looks like Ms. Garrity will not recoup her attorney fees in this matter. And yet, the Plaintiffs, who supposedly lost this battle, won't have to pay much, if anything, considering Daddy was their attorney. So, who really won?

Hmmmm, something stinks here. Clearly, there was some abuse here. The Miners, all three of them, abused the judicial system in trying to settle a personal and very petty score. Over and out...

Anna

Mourning a Loss: Processing Divorce

Mood Swings

I've been in a funk lately. A few weeks ago I was in denial. Last week I was deeply sad. This week, I'm angry. And now I've figured out what's been bothering me. I'm mourning the loss of my sister-in-law.

I recently wrote about a couple struggling with whether to stay married after many years of unsuccessfully trying to make it work. I was referring to my brother-in-law and sister-in-law. The week I wrote that post, the decision to end the marriage became a reality. The petition has been filed and served.

While I know it was the right decision, our family has now been irrevocably changed forever. I have never gone through divorce with anyone close to me before now, but it's much harder than I ever expected it to be for me.

My Sister-in-law

For some, "losing" a sister-in-law might not be a big deal, but it is to me. I have loved her since the moment I met her. She is more sister than sister-in-law. We have laughed together, cried together and prayed for each other more times than can be counted. We have been knowing and loving each other for 17 years now. That's a long time.

She is one of the funniest persons I know. She has been through more in her almost 37 years than many people in their 60s have. She is stronger than she knows. She is as smart as a whip. She and I can communicate volumes with each other with just a look from across a room. She is my sister.

I can say that nothing will change. We can still send texts to each other. We can still go to Sonic for Cherry Vanilla Diet Dr. Peppers when we visit in Texas. We will still be in contact. But the truth is everything is changing. Our family will never be the same. My head tells me this is the right decision for them, but my heart is broken, and it feels as if she has died.

Grieving a Loss

I've been confused by my restlessness, my heavy heart, my sadness, my anger deep inside for the last several weeks. Then, it hit me today. I am going through the stages of mourning a loss. For as long as I've had a relationship with my husband and been involved with my husband's family, my sister-in-law has been there with me for the last 17 years. Now she will not be there.

While she alone is not to blame for the divorce {After all, it takes two to tango.}, she is the one leaving the family, and she is the one who is bearing the brunt of my feelings.

According to the experts, grief is not a single event; it is a process. It takes time. There are stages each person goes through while sorting out the details in one's head and heart. These stages of mourning can occur due to the death of a family member, a friend or a beloved pet; a divorce; a breakup; loss of job; or other major loss.

Seven Stages of Grief

Here are the Seven Stages of Mourning a Loss, specifically relating to divorce:

• Shock or Disbelief ~ A person may be unable to believe this is actually happening and be unable to thoroughly process what it will mean. This stage may last only a week or so.
• Denial ~ A family member may deny or literally forget that the divorce is occurring. This is a mind game played to protect the person from the pain of loss.
• Anger ~ This is a common response for a person faced with such a significant decision with little or no perceived power resulting in a potentially negative effect. These circumstances often generate feelings of helplessness, which can fuel an individual's anger.
• Bargaining ~ An individual will attempt to make a deal with God to change the situation. This is not a prevalent stage in all cases though.
• Guilt ~ During this stage, a person may feel that he or she did not do enough to prevent the loss. A person may wish to go back and change things in the past to stop this loss from occurring.
• Depression ~ The state of chronic, debilitating sadness is a common and natural reaction to loss. A person may be stuck in a constant state of reflection of happier times; unable to move forward with life.
• Acceptance and Hope ~ Eventually, the person comes to terms with the reality of loss. With this acceptance there is a realization that life has changed forever, but there is still life and hope and a future. A person can then move forward with a different perspective .

Source: Live Strong

Everyone reacts a bit differently with each stage. Adults and children also have different responses to each stage of grief. For more information about these stages and how children are affected, check out this article on Children Grieving.

Clearing My Head

So, where does that leave me? Stuck somewhere between Anger and Acceptance. While I am not the one going through the divorce and we don't often get to physically see our relatives in Texas, it is a palpable change. And yet, I am surprised by my feelings and by how much this has affected me.

My solution: I'm hitting the open road; I'm getting the heck outta Dodge; I'm taking a road trip with my boys. I can't wait to feel the freedom of the wide open spaces; feel the wind on my face; and get my groove back.

Will I feel better when I return? Maybe; maybe not, but I'll keep working out my feelings and clearing my head. Eventually, I'll reach acceptance and there will be a new normal for our family, but I'll always remember our good times and even our not so good times together as sisters.

The Scoop

Have you experienced such a loss or reaction to such a loss? How did you deal with it? And don't worry; I'm taking you on the road with me. Stay tuned. Over and out....

Anna

You might also like:

Knowing When to Walk Away: Marriage v. Divorce

In the Best Interests of the Children: Child Custody Considerations II

There's a Storm a Brewin' in Minnesota: NOH8MN

 

 

 

Knowing When to Walk Away: Marriage v. Divorce

The Big "D"

Divorce has been on our minds lately. Not with regards to our own marriage, but rather that of a couple who means the world to us. We've been supporting, praying and talking with this couple about their marital issues for years now. They have been through every kind of counseling, therapist and retreat you can think of. They've tried and tried and tried to make it work, but it's just not working.

They have now come to the edge of the cliff and are standing toe to toe with the big "D" staring them in the eyes. The time has come to "fish or cut bait."

How Does It Come to This?

Years ago as a law clerk sitting in on dissolution hearings or working on dissolution orders, I used to wonder at what point did the couple in love turn into this couple who cared nothing for each other; this couple who could barely stand to look at each other. I think I have finally grasped the slow and steady transition that takes place with many couples who decide to end their marriages.

Once the "honeymoon period" passes, the couple, burdened by everyday life, drifts apart little by little over days, months and years. Without arguments, discussions and regular heart-to-heart communications this can lead to isolation, hurt feelings, miscommunication and anger. After a while, these feelings turn to resentment, then hatred and finally, worst of all, indifference settles in. In my opinion, once a couple reaches the indifference stage, it's over.

My Two Cents

My husband recently heard that a good marriage is 80% love and 20% hate. I hadn't heard this before, but it makes sense. You spend so much time together; you share so much; your differences become apparent; and those once cute quirks become extremely irritating. So, even couples who are relatively happy and love each other, still get frustrated with each other some of the time. That's just life.

DH and I have been married almost 13 years. This hardly qualifies me as an expert on marriage, but I do know that we've had our rough times and our good times and through it all, this is what I've learned:

• Marriage is hard work;
• You won't always like your spouse, and that's OK.;
• There's always tomorrow;
• Be honest, even if it might hurt feelings;
• Don't stifle your feelings; this will only lead to resentment;
• Talk, talk, talk and listen, listen, listen;
• It's alright to argue;
• But don't hit below the belt;
• Arguing and being mean are two different things;
• Admit when you've screwed up and ask for forgiveness;
• Always have each other's backs;
• Unify as a team, when possible;
• Spend time alone, even if it's in your home after the kids are in bed;
• Listen to your gut feelings;
• Third parties (friends, counselors, etc.) are not in the marriage; you and your spouse hold the keys to your happiness together;    
• If your marriage fails, you are not a failure; and
• Sometimes, marriage dissolution is better than staying married for the sake of staying married.

Life is short and shouldn't be spent constantly fighting with a spouse or feeling repressed and neglected by a spouse. The goal should be to be happy together most of the time and learn to accept as many of the quirks as possible. This will make you happy as an individual and as a couple.

But should the marriage be brought to its knees by an affair or addiction or other revelation or simply too many years of fighting against each other, know when to call it quits. A marriage is not in name and paper alone. A marriage is an action word; it's something you must be constantly tweaking and checking and repairing.

The Scoop

In the words of The Gambler, you've got to know when to fold 'em; know when to walk away; know when to run. A marriage is the same way. I would love to hear your tips for staying happily married {or mostly happily married}. And for the record, the photo in this post is of a pretty happy couple, at least for the time being. Over and out...

Anna

You might also like:

A Happy Home: Tips for Helping Your Kids Cope with Divorce

Keep the Home Fire Burning: Tips for a Happy and Fulfilling Marriage

Life's Little Moments: The Beginning of the End of a Marriage