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Case Law – National
From The Family law Prof Blog: “The Supreme Court of Connecticut has affirmed the court of appeals ruling in a case in which a couple were married for 11 years, lived together for a number of years and then remarried for six years.” (See Family Law Prof Blog post of February 10, 2006) “The court...
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The National Conference of Commissioners on Uniform State Laws has a valuable website for legal research, www.nccusl.org, to which all the uniform acts are posted, as is the legislative history of each of the acts by state, and all the comments to the uniform acts. I learned of this on the ABA Family Law Section...
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In an important decision last week, Janet Miller-Jenkins v. Lisa Miller-Jenkins, the Virginia Court of Appeals held that Virginia must give full faith and credit under the federal Parental Kidnapping Prevention Act to a custody determination made by a Vermont court growing out of a Vermont civil union. The opinion determined that DOMA did not...
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The Family Law Prof Blog digests Leopold v. Leopold, 2006 Ala. Civ. App. LEXIS 631 (October 20, 2006). “The Alabama Court of Appeals reversed a trial court’s order in a child support modification case in which the trial court had set a repayment schedule for child support arrearages and had then ordered that mother could...
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Oh, dear; this cannot be good public policy. Divorce courts should be requiring no-holds-barred open disclosure. This decision will create or perpetuate a culture of trickery in litigation. It is beyond comprehension that the sale of business for $225 million could take place in one month. When the seller signed this divorce agreement he had...
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The Relationship of Biology to Legal Fatherhood: Two New Cases Show Courts Struggling to Find a Coherent Approach, As Non-Biological Fathers Fight for Their Rights to Children
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An Alaska case last month is causing quite a stir. Krize v. Krize, Alaska Supreme Court, September 29, 2006
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An attorney spouse brought multiple lawsuits against his ex-wife, her family, as well as several lawyers and judges. Finally, in Davey v. Dolan, 2006 U.S. Dist. LEXIS 68960 (September 26, 2006), digested by the Family Law Prof Blog, ” the US District Court for the Southern District of New York not only dismissed all the...
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A Wisconsin decision in Motte v. Motte, 2006 Wisc. App. LEXIS 880 (September 27, 2006) held agreements waiving child support arrearages or estopping parents from asking for modification if children change residence are void as against public policy. The Family Law Prof Blog digests the opinion.
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The Family Law Prof Blog points out “that the debate over how and if race should be considered in custody actions is not settled. A recent Illinois Appeals Court decision affirmed a trial judge’s decision to grant sole custody of a 2-year-old bi-racial child to her African-American mother rather than her Caucasian father. The bitter...
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