Lately I have been thinking about whether the Trump Presidency will have any impact on the various issues that we as family law attorneys and the public are faced with when dealing with divorce, custody and other personal issues. The following are some questions and thoughts on this issue.
In 2015 the U.S. Supreme Court settled the issue of same sex marriages. President-elect Trump has stated that this issue is settled. But is it? There are still lingering issues regarding adoptions by same sex couples. There are issues regarding custody and parenting time where same sex couples have a child and have never legally married. These are issues that are still controversial and subject to litigation. Will the courts in the coming years treat these as they should and make them fully legal or will we have a push back by conservative legislatures, judges and justices?
Roe v. Wade has been under attack for many years. It goes right to the heart of women’s rights versus state regulations in the controversial area of abortion. There will be a lot of push back in the coming years. Will women’s rights in these areas be set back to the dark ages of back street abortionists? Will Roe v. Wade continue to survive the new attacks that will be coming?
There is a lot of controversy over the rights and protection of members of the LGBTX community. This is especially true with regard to bathroom facilities. Many states have pushed back and been very anti the rights of the LGBTX community in this area. Our new Vice President, while Governor of Indiana passed and approved some very restrictive legislation, which was modified slightly after outrage and the threat of economic sanctions due to the loss of sporting events and conventions. In North Carolina similar laws have been passed and there is an economic boycott going on without any effect on attempts to change the law as of this date.
In the past there have been attempts to bring back fault in divorce and go back to the days of the 60s and early 70s. Will these issues come back again as our government moves into more conservative areas?
The trend in child custody has been more and more towards the best interests of the child or children and not necessarily what mom or dad wants. There is more and more parity with parents sharing custody in some fashion. There have been movements to have a strong presumption favoring joint and equal custody in almost all divorces and custody cases. This cookie cutter approach is often not what is best for the children. Will there be a movement to go in this direction as well?
With the strong issues involving an anti-immigration stance will this have an impact upon adoptions by U.S. citizens seeking to adopt children from other countries, especially from the Middle East?
Will economic benefits for those who are disabled or on some type of welfare be impacted? Will there be tighter restrictions on who can qualify and how long someone can receive some type of federal aid? Many families even in our current good economic times are having trouble making ends meet. Divorce impacts everyone, especially when there is not enough money. If some of the aid programs are restricted or eliminated what will happen?
If attempts are made to cut taxes will this impact upon our entire justice system where judges, court personnel as well as court appointed attorneys are already getting by with too few dollars to meet the myriad of necessary services and complex family law issues that they deal with?
We are all going in to unchartered waters. The coming years under President-elect Trump could have a great impact on many of these issues. Only time will tell. My examples are just the tip of the iceberg.
These are some of my thoughts. What are yours? Please share them.