December 29, 2010 by Zale.

I deal a lot with parents who get themselves in trouble with the Department of Children’s Services.  While I do not represent DCS, I often represent either one of the parents or the child(ren).

Once custody of a child vests with someone else, the parent(s) must show that there is a “material change in circumstances” to get the child back.  That is not the parent going “Look, I”ve kicked the habit.  Now give ‘em back!”  This is what a lot of these parents (and some attorneys) think it is.

A “material change” in circumstance has to do with a change relating to the person(s) the child is actually placed with.  So mom being off Crack isn’t enough for mom to get the kids back.  Something actually has to happen in regards to where the child has been previously placed by the court.

Here’s a recent Tennessee Court of Appeals case that discusses the topic of “material change” in detail.

Posted in Juvenile, Child Advocacy | No Comments »

March 23, 2010 by Zale.

Right now, you are probably overwhelmed with feelings and emotions.  How will this change my life?  What will people think?  How am I going to tell my parents or friends or husband (who is not the father)?

Stop.  Take a deep breath.  Believe it or not, it will be okay.  Every child is a blessing.  That child is a gift from God, whether you believe it or not.  You essentially have three options, one of which is terrible.  They are:

• Parenting the child: Regardless of your situation, this is difficult, but generally you can do it.  If you choose to take this route, find a support network to surround yourself with and DO NOT BE AFRAID to ask for their help.  Find an accepting church.  Find your local crisis pregnancy center.  Let them help you.  God will lead you through this.  Let Him bless you in this, even though it is never easy.

• Adoption:  As an attorney I get to share in the joy of this with people.  This allows for the child to go to a loving and nurturing home, if you can’t provide that.  You can also arrange it so that you see the child, so the child is not completely removed from your life. Statistically there are more qualified families looking for babies than there are babies for adoption in the US, so the child will find a good placement.

• Abortion:  Its murder, plain and simple.  The fetus is alive at the point of conception, which is well before the mother realizes she is pregnant.  A fetus is not just a blob of tissue, as abortion advocates would like for you to believe.  Whether an abortionist chooses the surgical methods, which brutally dismember the child, or the chemical methods, which callously starve the child, it is still the taking of your baby’s life.  The Roe case, which brought about all the abortion clinics and alleged “rights”, was based on lies and it is unfortunate that those lies still impact so many lives today.  If you are considering this option or are being pressured into this option, find a local crisis pregnancy center.  They live to help women in your situation.

I hope and pray that this will help you in your tough situation.  Furthermore, my office is always happy to assist you in dealing with the options above.  Be brave and don’t let others twist your arm and coerce you into doing something you don’t want to do.

Posted in Adoption, Constitutional Law, Child Advocacy, Right To Life | No Comments »

March 11, 2010 by Zale.

Much of the Juvenile Law I deal with has to do with parents who struggle being parents.  Physically and biologically, they seem to be able to bring children into this world, but after that, they are lost.  The remedy for this is often adoption.  The beauty of most adoptions is that the child is truly wanted.  A court order will never replace the connection or relationship with a biological parent, but that court order sure goes along way toward helping the child grow into a successful, well balanced adult.

What’s more is that adoptions are spiritual.  As a non-Jew, God has adopted me into the fold of His family.  I guess that’s why I enjoy doing adoptions so much.  It’s a lot like our relationship with God.

Posted in Adoption, Child Advocacy, Right To Life | No Comments »

February 13, 2010 by Zale.

It’s an unfortunate truth, but appearance matters in court.  It may even be the small things of putting on a nice plain shirt and shaving that makes the difference.  Maybe its covering up some of the tattoos or having a natural hair color.  Whatever you can do to make your appearance better is helpful, regardless of whether you are in front of a judge, a jury, your probation officer, your adjuster or a DCS worker.  Check out this article for more details.

Posted in Child Advocacy, Litigation, Criminal Law, Injury Law | 1 Comment »

February 12, 2009 by Zale.

I didn’t expect to win.  I encouraged the client to try to enter into an agreement before the hearing.  It was not a big case, except to my client.  The other side thought they had a lock.  But every now and then, an Appalachian State beats a Michigan (football reference to those of you who don’t follow college sports).  That’s why they play the game.  College sports wouldn’t be much fun if every team entered into an Agreed Order as to the outcome of the game.  Law wouldn’t be much fun if there wasn’t a hearing every now and then.  Sometimes you are surprised.  Sometimes David beats Goliath.  Sometimes a seasoned lawyer’s years of experience just can’t overcome the poor facts of their case or a judge’s opinion.

This was my first win as lead trial counsel.  It wasn’t even in an area that I practice much or have a tremendous amount of confidence or experience, but its a win none the less.  Soon I’ll finish this cigar and send the client a bill.  It’s nice to have happy clients, but its even nicer to have happy clients that don’t mind paying the bil.

Posted in Child Advocacy, General Law | No Comments »