Family Law

Privilege, Progress, and Paid Family Leave

(Source) The United States has an embarrassing—and for many families, financially, physically, and emotionally devastating—paid family leave problem. According to the Organization for Economic Cooperation and Development, the United States ranks last in government-mandated paid leave for new parents. Among forty-one nations, the U.S. fails to mandate paid leave for new parents. Individual states have failed to pick up the slack. Currently, California, New Jersey, New York, Massachusetts, Rhode Island, Washington, and Washington, D.C. are the only states which provide paid family leave to eligible workers. Washington and Washington D.C.’s programs began just last year. Two more states—Connecticut, and Oregon—have programs slated to begin in 2022 and 2023, respectively. Colorado voted this past November on Proposition 118 to determine whether the state would implement its own paid family and medical leave program. Even though Colorado’s Proposition 118 passed, only nine states (plus the District of Columbia) have made meaningful steps toward a paid family leave mandate. The need for government-mandated leave becomes evident with a quick look at private sector leave statistics. In 2019, 18% of private sector employees had access to paid family leave through their employer and 42% of private sector employees had access to fully or partly [read more]

Kids & Teens in Quarantine: Considerations for Navigating Co-Parenting During COVID-19

(Source) On April 9th, the ABA Center on Children and the Law, ABA Commission on Youth at Risk, and ABA Section of Civil Rights and Social Justice hosted a webinar regarding the COVID-19 pandemic’s impact on child welfare cases. The webinar primarily focused on the federal Children’s Bureau’s March 27th guidance on how family courts and family law practitioners should proceed during these uncertain times. Now, more than ever, courts and practitioners play an integral role in ensuring the safety and welfare of children in our country. The Children’s Bureau’s guidance was written in part in response to concerns regarding court closures, postponement of hearings, and complications regarding visitation. Across the country, and even in the Q&A sidebar of the webinar, parents have expressed concern that their co-parenting arrangements will be disregarded by ex-spouses amidst the stay-at-home orders coming down left and right. The isolation and social distancing that the COVID-19 pandemic requires may give parents a greater ability to damage the other parents’ parent-child relationship through explicit and implicit behavior, which may ultimately contribute to a child’s estrangement from both parents. Damaging behavior can include denigrating the other parent in front of the child, encouraging the child to take [read more]