custody battle

Dog Custody Ethics From The Vermont Supreme Court

/ Jack Marshall / 8 Comments
It's a dog's life, whatever THAT means...

It’s a dog’s life, whatever THAT means…

Pet dogs are more than property and less than citizens. When they become surrogate children, as they often do, the legal battles over which member of splitting couples will have custody can become as furious and emotional as anything in “Kramer vs. Kramer.” Now the Vermont Supreme Court has approved a a new approach to these cases, deciding one on the basis of “the best interests of the dog.” Here is the relevant portion of the decision, in the case of Hamet v. Baker: Continue reading →

Ethics Train Wreck On Facebook: Jessica Studebaker and the Sneaky Voelkerts

/ Jack Marshall / 4 Comments

The imaginary Jessica Studebaker

David and Angela Voelkert are so obviously perfect for each other. It’s just a tragedy that they can’t get along.

By the time the couple’s multiple deceptions were sorted out, Angela had been scared out of her wits, David had spent four days in jail, and federal prosecutors looked like they had never heard of Facebook. The perfect recipe for an ethics train wreck—lies, more lies, and incompetence—and that’s exactly what they got.

Last Friday, the FBI arrested David Voelkert, 38, a South Bend, Indiana man who had recently exchanged messages with a 17-year-old Facebook friend named Jessica Studebaker. As described in an FBI affidavit, Voelkert’s Facebook exchanges with Studebaker included telling her that he had placed a GPS device in his ex-wife’s car to surreptitiously monitor her movements, and that he was looking for “someone to take care of” Angela Voelkert, so the teen “ should find someone at your school…that would put a cap in her ass for $10,000.” Continue reading →

The Giordano Decision, Sympathy and Malfunctioning Ethics Alarms

/ Jack Marshall / 6 Comments

Sympathy and empathy are wonderful and admirable qualities, but they can mess up ethics alarms but good, causing them to ring out with gusto when perhaps they shouldn’t be set off at all.

This, I’m sorry to say, is what seems to be going on with the public and the media in the wake of a North Carolina judge denying Alaina Giordano primary custody of her two children,  in part because Giordano has Stage IV breast cancer, and in part because she is unemployed. Giordano is upset and nobody can blame her for that. She has also started a website exhorting readers to “Say NO! to CANCER discrimination!” There is a Facebook page (of course) rallying support for her, and it already has over 14,000 fans. An online petition to the governor called “Do Not Allow NC Judge To Take Alaina Giordano’s Children Just Because She Has Cancer ” has more than 75,000 signers.

Yet there is nothing inherently unethical, illogical or unfair about family law Judge Nancy E. Gordon awarding custody of 11-year-old Sofia and 5-year-old Bud to their father, who lives and works in Chicago, rather than to their mother, who lives in Durham, and has breast cancer that is most likely terminal. Continue reading →