Legal beagles, your starter for ten

[Gob]

A mother-of-two who lost custody of her children because she had an abortion after she was divorced said the process has made her feel like she was 'beaten and raped'.



Lisa Mehos, 38, was married to Houston banker Manuel Mehos for five years before they split in 2011. She had sex with a friend a year later, fell pregnant and terminated the pregnancy.

Now a judge is using this against her and has deemed her an unfit mother, handing temporary custody to her ex husband, who is the founder and CEO of Houston’s Green Bank.

Speaking to the New York Post, she said: 'I’m divorced. I’m not Mother Teresa! I feel like I’ve been beaten up and raped.

'I had sex with someone I knew for 20 years, and I’m somehow this terrible, bad parent!'

Lisa lost temporary custody of her daughter Macy, six, and son John, four, in August and now she fears she will lose them forever after her ex-husband's lawyer got hold of her medical records.

Lisa now only sees her children on Mondays and alternate weekends. 'It just breaks my heart. They're so confused,' she said.

Mr Mehos, 59, and his 'relentless' attorney Eleanor Alter have even gone so far as to suggest that Mrs Mehos' abortion undermines her claim of being a Catholic, which in turn speaks to her overall credibility.

After subpoenaing Mrs Mehos' medical records to show that she indeed had an abortion, Ms Alter used the procedure to suggest she was a hypocrite for asking to have custody of her two children over Easter.

The lawyer - who referred to the abortion in court as 'late', even though it was done during the first trimester - also argued that the procedure undermined Mrs Mehos' testimony that she had never had other men over to her house.

Mrs Mehos' lawyers asserted, however, that she 'never testified that she didn’t go out on a date with another man, or she didn’t go to another man’s apartment.'

They added that on the rare occasions when she did leave the house, she would leave her two children, then two and four, in the care of her mother.

Judge Sattler openly sided with Mr Mehos, saying in court that the abortion is 'relevant', a ruling that left Mrs Mehos 'completely shocked'.

Even more shocking to her was the 'double standard' used in the trial; while the judge ruled her abortion as relevant to the case, Mr Mehos' sexual behavior - ie the fact that he had paid for sex at massage parlors - was ruled irrelevant.
Attorney Emily Jane Goodman, a recent addition to Mrs Mehos' legal team, has asked that the judge recuse herself because she has shown 'repeatedly' that 'the court has made up its mind about the case,' and that Mrs Mehos can expect to lose.

'The idea of using an abortion against a woman in a custody case sets women's rights back'

She has also pointed out the ethical issues in allowing the abortion as evidence, stating: 'The very idea of. . .using against a woman in a custody case the fact that she may have had an abortion sets women's rights and the rights of choice back in a way that I can’t imagine this Court would want to be associated.'

It's not the first time the couple have made headlines for a court appearance.

Earlier this year, Mr Mehos was arrested for battering his wife, charges that were later dropped due to insufficient evidence after he claimed her black eye was from a Botox injection, not physical violence - a claim Mrs Mehos called 'ridiculous'

[Sue U]

This is why I don't do "family law."

The judge's ruling is appalling, but Texas, so of course.

[Guinevere]

It's "Legal Eagles," please.

And pretty much what Sue said, except that I do some family law, pro bono for battered women.

See also the article in yesterday's NYTimes about The skiier Bode Miller and a woman he dated and impregnated (in. 6 week relationship) and their custody battle. If anyone tells you that women have it easy, and that gender discrimination is dead, they're probably a man.

[eddieq]

Makes perfect sense. The dad has never had an abortion, so he's a better parent

[MajGenl.Meade]

My sympathy is with the lady. And the children. While not condoning abortion per se, I don't understand what she did wrong to make her an unfit mother of the two children.

It's unfortunate she said this though: "I feel like I’ve been beaten up and raped". Battling for child custody is not at all the same thing as the vile things that have happened to women who really have been beaten up and raped. But I expect she said it in pain and anger.

[Big RR]

Well Meade, I can understand that she would feel legally violated; that he r behavior is having a tryst and abortion was considered by the judge while the whore-mongering of her husband was, seen by the court to be irrelevant

[Rick]

If her lawyer got hold of her medical records so much for HIPAA...

[Joe Guy]

[Big RR]

Rick--relevant records can be subpoenaed, HIPAA or no HIPAA. I really don't see the relevance in a child custody case but, as Sue said, it is Texas.

[Guinevere]

Actually, the records probably don't have to be relevant to be subject to a subpoena -- that's an evidentiary standard, not a discovery standard.

But regardless, it is likely records could be subpoenaed.

As for the judge allowing them into evidence, that's a whole 'nother can o worms. What a horrible decision by the judge -- I'd hope it would be appealed and reversed, but again, it's Tejas

[Rick]

relevant records can be subpoenaed, HIPAA or no HIPAA

After further reading I see that, thanks

[Big RR]

Guin--as I do very little family law, I would think there has to be some minimum threshold that has to be obtained for records to be discoverable--at least likely to lead to relevant information, correct? Ordinarily, one is not permitted to conduct a fishing expedition and discover everything the other side has, correct? Or is the threshold lower in family court?

[Guinevere]

I can only speak to the standard in Massachusetts -- the information sought in discovery has to be "reasonably calculated to lead to the discovery of admissible evidence" --- a pretty broad standard in actual practice. The same standard applies to Domestic Relations procedure.

If I were representing the mother, I sure would have filed a motion to quash any subpoena seeking medical records, and jumped up and down quite a bit before letting that testimony into an proceeding, and probably thrown myself across the counsel table objecting to the actual testimony. But again, the judge has the final say on what is admissible and what isn't. And its Tejas.

[Big RR]

ok, thanks.

From the little information we have here, my guess is that she testified either that she did not date (or spend nights away or have guys stay over), and they used the information about the abortion to attack this, but it's just a guess.

And, had I been representing her, I would have strenuously objected to its entry as well.

[Lord Jim]

Here's something I find unusual about this...

You would assume a judge making these kinds of decisions would be some sort of misogynist troglodyte...

But apparently the judge in this case is a woman:

Attorney Emily Jane Goodman, a recent addition to Mrs Mehos' legal team, has asked that the judge recuse herself...

It would be interesting to know if this judge has made similar decisions in the past; if not, that would make me wonder if there isn't a missing piece here...

If there isn't something personal rather than just misplaced ideology at work ...Some history between the judge, (good or bad) and one of the parties or one of the attorneys that played a role in this peculiar decision...

[Guinevere]

Good lord, the plot thickens -- these hearings are taking place in NEW YORK CITY, not in Texas.

OK, you really have to read this article too:http://www.nytimes.com/2013/11/24/us/cu ... ef=us&_r=0

What the FUCK are the judges in NY drinking/smoking/eating/etc. My god.

[Guinevere]

More on the Mehos custody battle, and rulings. Even the NYDAILY NEWS questions the wacko judge . . .

http://www.nydailynews.com/new-york/mot ... z2fv9TVS00

http://abovethelaw.com/2013/09/new-york ... ore-273414

[Lord Jim]

Good lord, the plot thickens -- these hearings are taking place in NEW YORK CITY, not in Texas.

You beat me by 10 seconds on that Guin; I had just looked this up...the guy may be the CEO of a Houston based company, but this case is unfolding in Manhattan....

[Big RR]

Pretty unbelievable.

But the saddest thing is that a kid is caught in the middle of it, and instead of trying to sit down and hammer out an greement of what's in the child's best interest, they lob bombs at each other in the courts and the media. While I think the NY trial court was completely wrong, one would hope that the two could stop the game long enough to do what's right for their child. But I won't bet on it.

ETA: The above was on the first post of NYC--the Bode Miller article. As for the other case being in NY, I'm surprised; but maybe I shouldn't be.

[Guinevere]

I'm building a wall along the southern and western borders of Massachusetts, with a big sign that says:

WE VALUE WOMEN, CHILDREN, and EDUCATION in this COMMONWEALTH. If you do not STAY THE FUCK AWAY!

OK, ok, hyperbole, but the way this year has gone, I weep for my sisters and our children. Truly.