Friday, April 19, 2013

FAMILY LAW ISSUES--COPING WITH THE DEATH OF A CHILD

By: Joseph A Ditlow, Esq.
Over the course of the last several days, we have been reminded just how precious life is; especially the lives of our children.  What sparked these thoughts? – most notably, the senseless bombing at the Boston Marathon that took the life of an eight-year-old boy; and, the tragic death of a 16-year-old-girl resulting from a head-on collision Sunday night in the Glenwood Canyon.   
When parents are getting ready for the arrival of their children, most people seek advice on what to expect, whether it be from a book, or a trusted friend or family member.  Once they are born, keeping them healthy and safe becomes a top priority.  And, as they get older, the worry shifts to preventing the outside world from harming them.  Yet, as the events of the past week make clear, no matter how hard you strive to protect your children from harm, the world sometimes intervenes in unimaginable ways.  That leaves families with another topic that is rarely discussed or even contemplated…what do we do as parents when we lose a child?
In 2006 it was anticipated by the Center for Disease Control (CDC) that approximately 150,000 children and young adults would die in the United States.[1]  These deaths leave hundreds of thousands of parents with the burden of coping with the loss and developing a new family identity that accompanies outliving ones child.   Jean Galcia, M.A., states that “When a child dies in a family, the members feel as if they have been ripped apart, unwound, which creates tension and conflict.  Crisis begets crisis and the greatest stress is put on [a marriage] the marital dyad.” [2]
This leads us to the common perception that, generally speaking, marriages that suffer the loss of a child often end in divorce.  Ms. Galcia states that this idea is more of a myth…
The actual facts bear out that the death of a child usually acts, instead, to polarize the existing factors found in the marriage; hence, some marriages get worse, some get better, some just maintain, and some actually do end in divorce. However, those that do end in a divorce, the child’s death just hastened the overdue burial of the marriage.  Marriages that have sustained the loss of a child through death experience the same valleys and peaks as any other marriage, just in a more exaggerated form.  Whether they become better or worse, the one sure thing is that the marriage will never be the same again as it was before the child’s death.[3]
The Compassionate Friends survey, When a Child Dies, further negates the myth; noting, roughly 16% of marriages that suffer the loss of a child end in divorce.[4]  This is clearly below the national average of 50%.[5]  Ms. Galcia notes, despite the low divorce rate, the loss of a child has an isolating effect on a marriage.  She states:
The two were wedded into one and now they are two again in that each must bear their own pain.  They have lost the same child, but the loss for each is unique.  It is a simultaneous grief that has ripped each of them apart, there is nothing left inside and nothing left to give even to their spouse.  They cannot meet each other’s needs or anyone else’s need at that moment in time.  Grieving spouses sporadically are able to support each other, but they each feel a profound sense of isolation.  Grieving people tend to focus on their feelings, their needs and their day, which is normal, so they have little energy left to invest in others which would include their spouse.[6]
What issues should grieving couples be on the look-out for? :  1) sexual problems, 2) emotional distance, 3) increased conflict/fighting, and 4) “if the child was the glue that held the relationship together, they have a need to find a new foundation.”[7]
Studies show that the grieving process is individualized to the person grieving.  Life experiences, social norms, and support networks are factors in navigating one’s grief.  Some internalize their grief.  Others attempt to verbalize their grief with their support networks.  It would thus seem clear, again as a general rule, that parents who are opposites in their coping can lead to conflict.
What tools should grieving parents use to keep their marriage intact?  There are numerous sources on coping with the loss of a child.  Most major book stores have entire sections devoted to the topic.  Faith and social outlets are a great source of solace in your time of grief.  Greif counseling is also an option.  There are even Youtube.com videos on the topic.  The resource you choose to get through the loss of the child is, again, extremely personal.  However, in order to move forward with your life, and your marriage, it is crucial that your grief is addressed.
One thing is clear…your relationship will be tested unlike any other stressor in your marriage.  Remember, at the end of the day, your spouse/partner is the person you count on the most.  Learn to understand the differences in your grieving.  Be patient and work to build each other up. 
The Law Office of Angela Roff, PC, expresses our deepest condolences if you have or are currently grieving the loss of a child.  As Christopher Robin said: “There is something you must always remember. You are braver than you believe, stronger than you seem, and smarter than you think.”[8]
  
DISCLAIMER: This blog/website is for general informational purposes only.  The information contained in this blog/website is for your educational benefit only and to give you general information and a general understanding of the law, not to provide specific legal advice.  The Law Office of Angela Roff does not dispense legal advice through this blog/website.  By using this blog, the reader agrees that the information on this blog does not constitute legal or other professional advice and no other attorney-client or other relationship is created between the reader and the Law Office of Angela Roff PC or its attorneys.  This blog/website is not a substitute for legal advice from a qualified attorney licensed in the state of Colorado (or your state).  The information in the blog/website may be changed without notice and is not guaranteed to be complete, correct, or up-to-date.  While this blog/website is updated on a regular basis it may not reflect the most current legal developments.  The opinions expressed in or through the blog/website are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.  Laws differ by jurisdiction, and the information on this blog/website may not apply to every reader.  You should not take or refrain from taking, any legal action based upon the information contained on this blog/website without first seeking professional counsel.  The Law Office of Angela Roff PC blog/website should not be used as a substitute for competent legal advice from a licensed attorney.  The Law Office of Angela Roff PC is a law firm and some of the information on the blog/website relates to legal topics.


[1] When A Child Dies Survey 2006, The Compassionate Friends, http://www.compassionatefriends.org/about_us/Media-Resources/Surveys.aspx
[3] Id.
[4] When A Child Dies Survey 2006, pg. 5.
[5]  Id
[6] Galica at ¶6
[7] Id.
[8] A.A. Milne, Earnest H. Shepard, Winnie-the-Pooh

GREAT-GRANDPARENT VISITATION RIGHTS IN COLORADO

By: Joseph A Ditlow, Esq.

The Roaring Fork Valley is not unlike most other places in the U.S. when it comes to inter-generational relationships; namely, the occurrence of grandparents and great-grandparents having a substantial role in their grandchildren’s upbringing.  As of 2009, 7.8 million children, nationwide, lived with at least one grandparent.[1]  What is more, the average life expectancy of Americans is 78.7 years of age, and the mean age of mothers birthing their first child is 25.1 years of age.[2]  Thus, there is a good chance that children born today will have a significant relationship their grandparents and great-grandparents. 
Colorado Revised Statutes (C.R.S.) §19-1-117 outlines the provisions where grandparents can seek a court order granting them visitation of their grandchildren.  Specifically, there needs to be an action in place for Allocation of Parental Responsibilities (formerly child custody); whether it is dissolution of marriage/“custody dispute,” non-parent disputes over children, or guardianship proceedings.  Grandparents may also have the ability to seek parental responsibilities under C.R.S. §14-10-123 in certain limited situations; for example, when a grandparent has the child under his or her care. 
In recent history, the world of grandparent visitation has been a hot-bed of legal activity in the family law arena.  In the year 2000, the U.S. Supreme Court found a Washington State grandparent visitation rights statute to be unconstitutional in Troxel v. Granville.  Since that time, Colorado appellate courts have ruled on multiple grandparent visitation cases, clarifying the laws of visitation and custody.  However, it wasn’t until January 2013, that the Colorado Court of Appeals heard In re the Parental Responsibilities of M.D.E., --- P.3d ----, 2013 COA 13 (2013), which defined a great-grandparent’s lack of rights under C.R.S. §19-1-117.
The facts of M.D.E. are not uncommon in today’s world.  The mother and father of M.D.E. were divorced; and, the visitation order, with regard to M.D.E., did not mention any visitation for the great-grandmother.  The great-grandmother filed a motion, under C.R.S. §19-1-117, for visitation.    The great-grandmother’s rationale was that she had rights (also known as standing) under C.R.S. §19-1-117 because she was a grandparent.  However, the Court of Appeals did not see it that way.  The Court decided that the definition of “Grandparent” is “a person who is the parent of a child’s mother or father.” In re M.D.E at ¶11.  Thus, as it stands today, great-grandparents do not have standing to intervene for visitation under C.R.S. §19-1-117.
If you find yourself in a situation like this, it may be helpful to consult with an attorney to determine if your role as caretaker falls within the provisions of C.R.S. §§14-10-123 or 19-1-117.
The Law Office of Angela Roff, PC, is available to consult or assist you with your questions surrounding this or other family law topics.  Visit us in person at 817 Colorado Ave, Suite 202, Glenwood Springs, CO or at our website at www.roff-law-office.com

DISCLAIMER: This blog/website is for general informational purposes only.  The information contained in this blog/website is for your educational benefit only and to give you general information and a general understanding of the law, not to provide specific legal advice.  The Law Office of Angela Roff does not dispense legal advice through this blog/website.  By using this blog, the reader agrees that the information on this blog does not constitute legal or other professional advice and no other attorney-client or other relationship is created between the reader and the Law Office of Angela Roff PC or its attorneys.  This blog/website is not a substitute for legal advice from a qualified attorney licensed in the state of Colorado (or your state).  The information in the blog/website may be changed without notice and is not guaranteed to be complete, correct, or up-to-date.  While this blog/website is updated on a regular basis it may not reflect the most current legal developments.  The opinions expressed in or through the blog/website are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.  Laws differ by jurisdiction, and the information on this blog/website may not apply to every reader.  You should not take or refrain from taking, any legal action based upon the information contained on this blog/website without first seeking professional counsel.  The Law Office of Angela Roff PC blog/website should not be used as a substitute for competent legal advice from a licensed attorney.  The Law Office of Angela Roff PC is a law firm and some of the information on the blog/website relates to legal topics.


[1] Kreider, Rose M. and Renee Ellis, “Living Arrangements of Children: 2009,” Current Population Reports, P70-126, U.S. Census Bureau, Washington, DC, 2011.
[2] Donna L. Hoyert, Ph.D., and Jiaquan Xu, M.D., “Deaths: Preliminary Data for 2011,” National Vital Statistics Reports, Vol. 61, No. 6, U.S. Department of Health and Human Services, Washington, D.C. October 10, 2012.  See also, Joyce A. Martin, M.P.H.; etal, “Births: Final Data for 2009” ,” National Vital Statistics Reports, Vol. 60, No. 1, U.S. Department of Health and Human Services, Washington, D.C. November 3, 2011.