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Case Law – National
Court holds that parents do not have to be found unfit for state to be granted custody of out of control mentally ill child, an interesting post from LawReader re a Washington decision.
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Lohman v. Carnahan, online, decided September 19, 2007 by the Florida Fourth District Court of Appeal. held where the husband and wife have decided to raise the child of their marriage and to accept all the rights and responsibilities of parenthood, a man who may have contributed his DNA to the child has no statutory...
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All 224 pages of Maryland’s highest court decision in Conaway v. Deane that there is no fundamental right to marry someone of the same sex, that same sex orientation is not a suspect or quasi-suspect class, that denial of same sex marriage is not a violation of equal protection and that denial of the right...
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The Family Law Prof Blog reports: The Maine Supreme Judicial Court ruled unanimously today that state law does not preclude unmarried couples from jointly petitioning to adopt a child. The case involved a lesbian couple who had petitioned to adopt a 10-year-old girl and her 6-year-old brother, for whom the couple had been foster parents...
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Family Law Prof Blog directs us to a new twist on the third party bio-dad of a child born during a marriage. What name should the child have? In the Matter of the Change of Name of L.M.G., (South Dakota August 8, 2007) , found here, Prof.
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New York Divorce Report directs us to posts about recent decisions in Virginia, Oregon and California.
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A recent Missouri case holds that a party seeking to enforce a prenup must raise the issues in a pleading. Failure to do so prevents the court from enforcing the prenup. Homan v. Holman, which can be found here. In pleading to a preceding pleading, a party shall set forth all applicable affirmative defenses and...
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Here is an interesting new Michigan case courtesy of Jeanne Hannah at Updates In Michigan Family Law.
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You can read Hinson v. Commissioner, US Tax Court Summary Opinion 2007-92 (June 7, 2007) here. The code is quite clear that to be taxable income/tax deductible, alimony (maintenance) must terminate on the dearth of the payee.
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Following the digest of Keenan v Dawson, Michigan Court of Appeals Docket No 265725, decided June 5, 2007, Updates In Michigan Family Law gives some great practice pointers in handling grandparent visitation cases.
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