Parenting After Divorce (AND during marriage!)

Today I read an Opinion piece in the New York Times, and it’s so good, I think it deserves a spot in my blog for ya’ll to read. This article is just about parenting after divorce, but gives some insight into How NOT to Get Divorced. I particularly encourage all those who have an iron grip on what they believe their “rights” are with custody. You might be cutting off your nose to spite your face.

A Change is as Good as a Break

I must be a Change Magnet, though I can’t complain (much). Most of the changes I’ve experienced in the last decade or two have moved me forward in a positive path. Some have made me want to jump off the path and travel paths no more. But my current Change is just straight up Wonderful.

I had opened up my own solo practice here in Wyoming, but again, I was solid family law. I do have a great love for people who are going through their own family law experiences, and I do love to help. But as I might have mentioned before, family law is HARD. It’s emotionally exhausting, it’s painful, and it never seems to end. Best one can hope for at the end is that they’re not too beaten up to start again, and that their kids are still healthy and happy. I know that law, and those people, and their pain. I have lived it myself. So having options other than just family law have always been on my radar.

And just when I thought I would be doomed to be a solo forever, I saw an ad in the Jackson Hole News. It was for an associate attorney, at Lubing, Gregory & Rectanus, LLC. They’re a law firm in Jackson, they do very little family law, and they liked me (They REALLY LIKED ME!!!) enough to hire me.

LGR is legal utopia for me. I still have some family cases (though I’m taking new ones on a very limited basis), but I get to learn about other areas of the law as well. This is a very good thing for one such as I being a new-to-Wyoming lawyer. And they also have cases in Idaho, soooo since I’m also a fresh Idaho lawyer, I’ll learn that law as well while I work on cases with the partners.

These are good people. The entire staff–partners, associates, office managers, legal assistants–feel like a family. And having moved to Star Valley, Wyoming, and joining a Jackson Hole law firm, I think I *might* have Arrived. I want to stay with LGR until I die (or retire, whichever comes first). And I have a new Life Theme Song. Have a listen ;).

We’re Open!

I know it’s been a very long time since I posted an article. It’s been a VERY busy year for me! I’ve relocated to Wyoming, and am licensed here as well as staying licensed in Utah. I’m also working on my application to the Idaho Bar, so (fingers crossed) I can add that to my credentials soon.

And I am now taking new cases. I’m doing GAL work as well as domestic and a smattering of other civil law in Wyoming, and am available to take domestic and minor criminal cases in Box Elder, Cache, and Rich counties in Utah. I’m excited to learn new courts and new law (and there IS new domestic law in Utah! Stay tuned for THAT information.)

It’s been a very chaotic several months, but I’m finally settled enough to help YOU get resolution in your legal case. You can contact me at marca.tanner@gmail.com, or through the comments section on any blog post.

Cheers to new starts and new hope!

I made it! I’m Home!

…from 2020: The Lost Year

Is it just me, or does everyone feel like we somehow lost a year? I find myself looking back, thinking about different events, and thinking “this happened last year.” But it didn’t. Whatever Thing I’m trying to place in time happened in 2019, BP (Before Plague). The Plague and the political and social climate here in the US brought out the best–and worst–in people. What have we learned, as a society, as a country, during the Lost Year Called 2020?

Here’s what I learned:

I like working from home. My anxiety and stress levels plummet when working from home, because I don’t feel like I’m being pulled apart by Family and Work interests. I can work all day, taking breaks to do the dishes or start the wash, reviewing contracts from my porch couch, while listening to the sounds of bugs, birds, and the breeze. My brain can focus on work, then switch to home, then to work, almost seamlessly. Women CAN have it all, but it’s best Had working from home.

I have stronger convictions about the marginalized and working poor and how politics and society affect them. According to my family, I’m a liberal. Whatever. I call myself a Pragmatic Christian, though the Christian label is just to sum up the teachings of Christ from the Bible. It could just as well be Pragmatic Buddhism, or Pragmatic Islam, or Hindu, or (name a world religion that teaches love for all)–that’s what I am.

Reading the whole article matters. A lot. There have been so many inflammatory headlines flying around out there, on “news” websites, Facebook, Huffpost, you name it. I am best served if I research an issue, check out the sides of it worth checking out (and no, the lady who thinks Washington DC is full of lizard people, and that women’s health issues are caused by sex with demons, is NOT a source worth wasting my time on), and make up my own mind, without the yammering of conflicting opinions and biases.

Fact check. Fact check, fact check, fact check. And bring your documentation before you start telling me something that you saw that a friend of yours on Facebook posted from the friend of another friend, who is the cousin, of someone who Knows. I’m not interested. I’m gonna Google whatever you told me. And I’ll set you straight. Nobody likes being set straight by a middle-aged, greying, white woman lawyer. Save yourself the pain ;).

And I really DO want world peace. (view from my porch, moonrise June 5, 2020.)

Liberty & Justice…?

Once upon a time, a long, long time ago, I was a very naive person. In my sweet, sheltered, fantasy land, law enforcement was always right. Judges were always fair. Lawyers always did the right thing in working for their clients.

I didn’t have to grow up very much, however, to learn for myself that none of those things were always true. Sometimes law enforcement officers are bullies. Sometimes they profile people and harass them. Sometimes they’re just straight up tired and take shortcuts just to get a case done. Judges have egos, and personality flaws, and again, are just straight up human and don’t always get it right. And lawyers….let’s not even go there.

I support the work of the Innocence Project. They are an organization around the country that represents people on claims of actual innocence who have been wrongfully convicted. It happens. Sometimes out of racism. Sometimes because law enforcement just wants to get a distasteful case out of the way. Sometimes because a prosecutor wants a conviction to get support for re-election (and a big reason why I DO NOT think county prosecutor, or judges, should be elected officials.)

In real life, people get railroaded and wrongfully convicted. I’ve seen it close to home; I’ve seen it close to me. I had a domestic client who was wrongfully convicted (I did not represent him in his criminal case, btw–I’m not qualified for that type of criminal defense). His case was overturned on appeal, but not before he spent 3 years in state prison and was practically unemployable on release. You can read his case here, from the Utah Appellate Court (the State Supremes declined to hear it, because they felt the Appellate court got it right.)

Chris Tapp. He was 22 when he was convicted. That’s his entire adult life gone, folks.

And then there’s this case…Chris Tapp. Chris grew up in and now lives in Idaho Falls, Idaho. He was wrongfully convicted of rape and murder, and spent nearly 20 years in prison before his conviction was over turned and he was released. The Innocence Project, and a local public defender, worked his case tirelessly–because he didn’t do it. Sadly, however, when you erase 19 years of a person’s life, they can’t just come back out and pick up where they left off.

So not only do I support the Innocence Project, I support compensation for the wrongfully accused and convicted. It’s the least the community can do, after it’s ripped a person’s life to shreds.

To support the Innocence Project’s work, go to their website, www.innocenceproject. org, and see what you can do to help.

It's the End of the World As We Know It…

*Updates to the courts procedure while we’re going through this COVID-19 thing can be found at this link, which is to the Utah Courts webpage for updates.

Ok, so not really. It IS the end of the world as we know it for at least a few weeks to months. I’m avoiding Facebook, etc., myself, because I had been before (depression + Facebook=kill me now, most of the time) but it’s even worse now. My family is basically prepared. When the store shelves cleared immediately of toilet paper and water, I had a dozen and a half or so rolls, and kept wondering who these weird people were who thought a pandemic was the equivalent of an earthquake, and that our city water would suddenly become contaminated and undrinkable.

That’s not how pandemics work, ya’ll. That’s how earthquakes work (which as a sidenote, actually happened this morning early in the Salt Lake Valley, so maybe those folks are glad they bought up all the water…more about THAT here.).

Anyway. The beauty of my job is that I really CAN do it anywhere there’s an internet connection, and on Monday, I dragged my desktop home from my day job, and got myself set up to work from home for the next few weeks. I love working from home. As an anxious depressive, getting out of bed in the morning is excruciating, especially knowing I’ll have to, like, put on pants and makeup and not look like a slob and stuff. These past couple of days, I have literally dragged myself out of bed, put on my bathrobe, and sat down at my computer at 8am. No makeup required. No pants required. That’s straight up perfection, my friends.

Feels like straight up Magic, actually...

It’s also really fantastic that most of us really DO have technology literally at our fingertips that allows for all kinds of communication without having to be WITH anyone. My smartphone has face to face calling (Facetime because it’s an Apple, but Skype and Facebook Messenger do the same thing). I can text if I don’t feel like talking. I can receive and send email from my phone as well. And so can 95% of the world’s population (that’s totally a guess. I have no data to support that percentage.)

The population that I’M speaking to now, though, you folks in Utah, you who are scared or confused about the legal system, who are afraid to leave your homes, but afraid to not be able to leave your homes, I’m still here for you. I’ve been doing a lot of family law legal consulting. For those who would qualify for CAPSA’s services, I do it for free. For those of you who actually CAN pay some legal fees, I charge $75/hr, which I can take through Venmo or Paypal or Square on a credit card. You CAN still talk to a lawyer–I can Facetime/etc with you. Or you can email.

The point here is this: Don’t feel like you’re stuck in a situation that you don’t want to be in because you don’t have access to any legal counsel. I’m available virtually by appointment (which you can make by emailing me–see my About tab at the top of this page). Or you can just email if you have a specific question. A lot of your FAQ’s are already answered on my blog here…just go to the “search” box at the top right of the page, and type in a keyword you need info on, and everything I’ve written about that topic will come up. Hell, if push came to shove, the courts are still open, and I can e-file any case documents for a legal case I’m working on, without having to leave my home office. (I actually HAVE completed entire cases without ever traveling to a courthouse.)

So keep that in mind. Don’t panic. It may be the End of the World as We Know It, but You Can Still Feel Fine ;).

For your listening pleasure…Never lose your sense of humor, folks 😉

Mental Illness and Working on a “Broken” Brain.

I haven’t posted for a very long time. And it’s not for lack of ideas for blog posts. I’ve actually got a sticky note attached to my computer with a couple of awesome ideas…I just haven’t had the capacity to put words together. Or maybe I just couldn’t muster the massive amount of energy it takes to put words together.

I’ve written before about my anxiety and depression. The last few months it’s gotten really bad–worse than it was when I closed my law practice just about 5 years ago now. But a lawyer can’t just drop out of life and crawl into a hole and sleep, even when that feels like the best possible solution (I’ve got BILLS, ya’ll). Especially when that lawyer has a regular 9-5 corporate gig. So I decided I needed to be proactive and get on top of it. Back in October I went to my primary medical care provider and discussed options, but had also looked into TMS therapy. At my appointment with my primary care, we decided I’d bump up the dosage on my anti anxiety maintenance medication, and bump up the dosage on the benzo I was taking as needed when I’m in a bad place, but hold off on trying another antidepressant. I wanted to wait and see what happened with TMS.

TMS stands for Transcranial Magnetic Stimulation. You can read more about it here: https://www.mayoclinic.org/tests-procedures/transcranial-magnetic-stimulation/about/pac-20384625. It’s not necessarily covered by insurance. There was some hoop jumping to get my insurance to cover it, but they did end up doing so on a one-off basis. My treatment protocol is 20-30 minutes at a time; I’ve been going during my lunch hour at work, every weekday less holidays, since the beginning of December. The clinic I’ve been doing it through shows excellent results in most people. Like, 86% respond favorably, 66% go into complete remission of their depressive symptoms.

Hell on Earth, actually.

Sadly, my depression is really secondary to my anxiety and panic disorders…and TMS is less effective for people like me. In my case, I’m in that 14% that it’s not been effective for at all, and I only have 5 treatments left out of 36. However, going through TMS DID put me under the care of an awesome psychiatrist I wouldn’t have gotten into otherwise. I started new medications (there actually ARE meds I hadn’t tried before!!) just over a week ago. And thankfully, the new anxiety med has completely knocked my anxiety down. Which means that my depression is now manifesting more than the anxiety, because it takes at least a month for antidepressants to reach therapeutic levels in the brain.

So now I feel like Nothing. Flat. I have little to no interest in anything, and I’m exhausted. But after being in a state of near constant panic for the past 4 months, it’s kind of a relief to have my brain not revved in fear 24 hours a day. Because that’s what anxiety feels like to me–my brain is in a continuous state of dread, worry, panic, and stress, like I’m hanging on by my fingernails, and constantly on the verge of tears. I don’t sleep well, and when I do sleep, I wake up in the middle of the night for no reason at all and can’t go back to sleep, or because I’m having horribly graphic violent nightmares that have scared me awake and then I can’t go back to sleep. To say it’s exhausting and distressing is an understatement similar to those warning signs that say “Warning: 900 degrees Fahrenheit is Hot. It will burn you.” Duh.

I was thinking about this this morning and remembered an incident from way back in the day, when my Grandpa Tanner was still alive, but was in a nursing home with Alzheimer’s disease. He’d fallen and broken his hip, but kept trying to get out of bed. Alzheimer’s causes its sufferers to “time travel,” if you will, and hallucinate that they are living at some time in their past. My grandpa regressed to his younger years when he was a cowboy in Jackson Hole, Wyoming, and had to go feed and herd cows. He kept trying to get out of bed because, in his mind, he needed to go to work. The nurses didn’t know what to do with him, so they called my folks to help. My dad was talking to him, trying to convince him he needed to stay in bed with his broken hip. Finally, Daddy said to Grandpa, “Dad, you wouldn’t make a horse work on a broken leg, wouldja?” And Grandpa thought about it for a beat and said, “No. I wouldn’t.” And he calmed down, and quit trying to get out of bed.

That’s my Grandpa Tanner, second from the right, back in the day.

And so it is with those of us with broken minds–because mental illness IS all in my head, just like asthma is all is the lungs, and scoliosis is all in the spine. I have a chemical imbalance. I likely always will. I’m going to be realistic about what I can do, and do all that I can, but not beat myself up over what I can’t do but think I “should” (terrible word, that “Should”). I’m going to treat my mental illnesses, and stay on top of them, but stop expecting myself to “work on a broken leg”…because even an old cowboy will tell you that you don’t work anyone on a broken leg. You gotta get that thing healed.

I can be taught.

Scars

Barely visible now, but it sure hurt when I got it at 12…

**I owe the idea for this blog post to another “quintessential mom” I had the privilege of talking to this past week. Thanks for giving me new things to think about ;).

I got thinking about scars a few days ago. I have a few…There’s one on my right shin that I got sticking up for my little sister–the boys who had thrown her bike into the ditch pushed me in on top of it when I went in after it, cutting my shin on the fender. Another one on my right thigh is from a dog bite when I was 7 or 8. I have the faintest ever scar on my left arm, up high, from a smallpox vaccine I got when I was a baby, before my family moved to the Philippines where my dad was stationed in the Air Force. Smallpox is a live vaccine; I got one pock as a result of that. I always thought it looked kind of like a flower.

This one, from a mandolin slicer, is just a faint line with stitch marks now.

I have scars from bug bites that I had bad allergic reactions to, and a scar on my face from a staph infection that developed in what I thought was just a monster zit. It ended up having to be cut open and drained repeatedly for over a week. My hands are a map of scars, from things like cat scratches, or scrapes you get in the course of living life. And my stomach is a ridiculous mess of stretch marks–scars I got from having my first pregnancy be with twins at 22.

My twins ended up with permanent scars themselves–the older one had surgery on his skull at 6 months to open up the prematurely fused growth plate on the back right side of his head. That’s quite the scar, going from ear to ear, in a bit of an S-shape. His younger twin brother had surgery on his spine at 17; that’s a helluva scar, running from the base of his neck, almost to his waist.

Scars from surgery, as well as horizontal scars/stretchmarks that evidence the underlying issue surgery corrected.

My twins’ scars will NEVER go away, unlike some of mine. I was in a car accident at 15, and split my forehead open in a couple of places. You’d never tell by looking at me at this point, though, because as I grew, those scars grew with me, and are now somewhere up above my hairline. The passage of time Healed me of those scars, like it’s faded some of my other scars.

But these that I’ve mentioned are just physical scars. There are other types of scars that last a lot longer–emotional scars. The loss of dear ones can permanently scar those left behind. Anything that cuts into our souls and hearts can, and often does, leave a scar that may never fade.

The beanie and all this hippy hair hides my son’s ear to ear skull scar.

It’s September again. I hate September, and it’s because of the emotional scars I’ve incurred through about 15 years worth of Septembers. Hard, painful, life-changing things seem to happen in September for me, scarring me physically AND emotionally.

Saturday morning I opened up Instagram, and the first post on my feed was about the LOTOJA race. LOTOJA is a 3 state, 206 mile, one day bike race, that starts in Logan, Utah, runs through Idaho, and ends in Jackson Hole, Wyoming. Fifteen years ago, in September, I rode that ride with 4 of my best friends. It was the culmination of a year’s worth of training, and it was one of the best days of my life, even while it was crazy hard. And the next day, my biking was over, and my sanity went into a tailspin. It was the beginning of the end of my marriage; I was divorced by the end of March 2005.

You can read other of my blog posts to find out how my divorce went for me. Suffice it to say, the emotional scars are still with me. Even after all these years, those pains are still very real, very raw–hardly healed at all, it seems. Every year when the LOTOJA comes around again, I am reminded of that scar. The bruise is still there; it still hurts to touch. That was one of the really crucial things I learned in law school working with victims of domestic abuse–the physical pains, the physical scars, they healed faster than the mental and emotional ones. Those ones linger; they stick with the victims. The hurts are deep, and the scars are permanent.

I participate in a free legal clinic at CAPSA, our local domestic violence shelter. I consulted with a woman at my last clinic who reminded me how little so much of my emotional scarring has healed. Her divorce is scarcely final; mine was final 14 years, 5 months ago. Mine still hurts like hell. So I cried with her. Big, ugly painful tears. Maybe someday those emotional scars will have grown up, out of sight, like some of my physical scars have.

I can only hope.

Just so you know…

Be Brave…Report

If you are the victim of sexual assault, and you have the courage to go to a hospital and ask to have a rape kit collected, PLEASE know that law enforcement will be more concerned with the fact that you are a victim of a horrible violent crime, and NOT with the fact that you’re under 21 and have alcohol in your system. Or that you’re in a state where pot is illegal (or you don’t have a green card) and you have marijuana show up in your system. Yes, the hospital may tell the police you tested positive for some illegal substances, but it is SO MUCH MORE IMPORTANT to get a rapist prosecuted than it is for the police to hassle you over so much less terrible things!

…and if you’re in Western Wyoming, and you DO get charged with one of these minor things after you’ve been tough enough to do the super difficult, invasive, important thing of getting a rape kit taken and reporting a rapist to law enforcement, get ahold of me. I’ll represent you in your justice court case for free. Because it is important enough to ME that you do what you need to to get a rapist off the street.

Don’t think this is just a women’s issue either. Men are also victims of sexual assault, though they report less often than women.

But that doesn’t mean it’s not happening to them…

And just in case you were wondering, there is no statute of limitations in Wyoming or Utah on rape. Here’s a little more info on that. Keep in mind, though, that it’s much harder to prove in court that a rape occurred if you wait too long. (In Idaho, depending on how “rape” defined, there is either no statute of limitations, or you have 5 years from the date of the commission of the crime.)

Be brave. You’re not alone.

If you or someone you know needs help, call the Rape & Sexual Assault Crisis Line 1-888-421-1100, or you can contact CAPSA in northern Utah/southern Idaho, at 435-753-2500.

Back to School!

Who are YOU hoping not to get in a fight with??

I’ve been divorced over 14 years now. My baby was 2 when I stopped living with him; my ex moved away from where I’d lived with my kids, into different school boundaries, 3 or 4 years later. My children went from going to schools where the staff knew me, and knew who I was, to schools that didn’t know my ex was even divorced.

What difference does that make anyway? Well, for starters, there are all these forms that parents fill out at our annual school registrations/Back to School nights, or when they register kids in a new school for the first time. Included in the information a parent provides is the name/identity of both parents. Divorced parents typically have to provide evidence that they have physical custody of kids, and that the parent is entitled to enroll the kids in that school.

But what if the district doesn’t KNOW the parents are divorced? What if the custodial parent represents to the school that a step parent is a legal guardian/legal parent/The Mom (specifically in our culture with how we give kids dad’s last name), and doesn’t mention the other legal parent at all? The school likely will not know that there IS another parent who is entitled to information about the kids, or to pick the kids up at school, or Any of That.

Tell me junior high isn’t awkward enough already...

Let me just tell you right now, up front, before school registration stuff has happened, how to avoid a fight and be a Decent Human who co-parents appropriately:

1. Do not list your new spouse as the other Parent on the registration forms. Unless your new spouse has legally adopted your children, they are NOT a legal “parent” such that they are entitled to be listed as a Parent. They can be listed as an emergency contact, as an Other individual who can get information about the kids, but they are not the Parent.
   
   To break that down into super-understandable language: “Mom” on the form is the Mom who was the Mom listed in the divorce; “Dad” on the form is the Dad who was the Dad listed in the divorce. That’s who you put in those spaces on the registration form. Period.
   
   This is ESPECIALLY true if the other parent has joint legal custody of your child(ren). “Joint legal custody” means that even if the kids don’t live full time with that parent, that parent is STILL a legal guardian, entitled to information about the kids from the school, the doctor, the church, whatever, without having to go through you.
   
   
2. As the super intuitive follow up to #1, DO list your ex spouse as the other Parent on the form when you’re filling it out. Put their name, address, email, phone number, all of it. This way the school is aware of who they are, and can provide that parent information directly (in the case of shared legal custody), rather than going through you, when asked for it.
   
   
3. Provide the school with a copy of your custody order that shows who has legal and physical custody of your kids.
   
   
4. If you have sole legal AND physical custody of your children, STILL put the other parent in the “dad” or “mom” spot on the form, but make note that the other parent is not entitled to info, etc., without your permission… and provide a copy of your custody Order to back up that assertion. You can then put the step parent in the space of Other contact, as someone who can pick up the kids at school, get info from the school, etc., on your behalf. You are doing this because even if you have sole legal custody of your kids, your new spouse is NOT a legal guardian of those children. You can delegate these types of parenting duties, depending on your state/jurisdiction, but simply marrying a Dad doesn’t make you The Mom, and vice versa.

And there you have it–how to be a Good Co-Parent, and not get in a fight on the first day of school (or after, when it’s found out that you did something creepy, mean, and underhanded to your ex, that’s NOT in the best interest of your kids).

If you are the non-custodial (or less than sole custodian) of your kids, and if your ex is a SHITTY co-parent, and refuses to provide the school with your name and status as a parent, this is what can be done to remedy the situation:

1. Go to the school office during school hours. Ask to speak with the principal or a school counselor. (Pro-tip: Call ahead and make an appointment so they’ll be there, ready to talk to you, when you show up.)
   
   
2. You will bring with you: A copy of your court-signed custody order showing you have joint custody of some sort; your drivers license; your children’s birth certificates; AND if you’ve changed your name, you should also bring a copy of YOUR birth certificate, AND a certified copy of your court order for your legal name change.
   
   
3. Explain to the principal or counselor that you are a legal guardian of your children, and request that they provide information to you as needed to help you support and parent your children. You’ll provide them with copies of all the documents you brought so they can keep those in the kid’s file(s) at school and know going forward how your situation works.

Repeat this process at every school any of your children attend–the elementary, the junior high/middle school, the high school. The schools don’t necessarily communicate amongst themselves, even in the same school district, and as long as you’ve already got everything collected in one place for the process (and probably already took time off work, etc), you might as well get it done all at once. Besides that, then the school administrators have met you in person, they know you’re on the up and up, and they will be more likely to help you help your kids in the future.

And this is the part where I IMPLORE PARENTS TO BE GOOD CO-PARENTS AND NOT JERK AROUND THE OTHER PARENT JUST BECAUSE YOU’RE A JERK. My kids have had a stepmother for 14 of the 14 1/2 years I’ve been divorced. I totally get how the dynamics of a blended family work, and how divorced parents interact. Your children are better off with ALL of their parents–legal and step–working together. Don’t cut out the other legal parent for the sake of your own ego, or because you don’t think they’re important. They are… Just ask your kids.

Let’s not make it anymore traumatic than it has to be, mmkay?