The Law Office of Mark W. Keller, PLLC

Ask any attorney who has practiced in family law, and they'll tell you they've seen this issue a time or twelve. When it was a law, it was called the "tender years doctrine." Its application means that absent some parental or personal defect, a mother is always assumed to be the more appropriate of the two parents to be the primary caregiver. Is this a matter of federal law? Interestingly, it seems the plaintiffs here have taken a page from the Obergefell ruling (Supreme Cou...rt making gay marriage legal throughout the U.S.) and asserted that denial of equal parenting time is a due process violation. The Supreme Court found in another case that the right of a biological parent to care for and raise his/her own child was a fundamental right protected under the Constitution. In the Obergefell case, the Supreme Court stepped into what is usually the province of the individual states and held that marriage is a fundamental right under the Constitution. More commonly, courts apply this doctrine by being inexplicably lenient on custodial parents who habitually deny the other parent their visitation. Instead of applying fines, court costs, or other remedies allowed by law, the courts applying this doctrine assume that mom had a good reason for her actions, and let her off with a slap on the wrist. States like Oklahoma have instituted laws which are supposed to make it easier to enforce visitation rights, but the jury is still out on the efficacy of those laws. In short, this case may seem ridiculous on its face, but it has the right factors to at least make some traction in the right district court.

Eyewitness testimony is the single least reliable form of evidence of a crime. In almost every case of exoneration from the Innocence Project, eyewitness testimony sealed the conviction. The problem with eyewitness testimony isn't strictly physiological, it's psychological. Because it's perception tainted by expectation. We're not simply seeing what happened. We're seeing what we want to see and what we expect to see.

It's important to remember as you travel this great State that once a police officer lawfully stops you, the foot is in the door to investigate other crimes. Toss the open containers of alcohol. Hand your keys over if you've been drinking. ... Stay out of jail. Lawyers are expensive. Court is expensive. Bail is expensive. Staying safe is free.

Earlier this year, I spoke about the power of recording devices in police encounters. Now there's an app that records and backs up the video remotely in real time, for free.