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Case Law – National
The Arizona Family Law Blog reports and links to a 9th Circuit case ruling on the constitutional liberty interests a noncustodial parent has to the care and companionship to a child. Update: Case digest from the Family Law Prof Blog.
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Case Law Development: Appointment of GAL for parent in dependency action requires notice and hearing, from the Family Law Prof Blog. In states where there is statutory authority for a GAL in dependency cases, including Kentucky, this case may be inapplicable. But see our prior post on Guardians Ad Litem where there is not statutory...
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DAVIS v. WASHINGTON (Nos. 05-5224 and 05-5705) together with No. 05-5705, Hammon v. Indiana, on certiorari to the Supreme Court of Indiana, was handed down yesterday. The link is to the syllabus, which states the holding of the opinion by Justice Scalia is as follows: 1. The Confrontation Clause bars “admission of testimonial statements of...
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From the Family Law Prof’s Blog, the following new law from around the U.S. Removing Child from Person With Whom Child Has Strong Attachment but No Legal Rights is Not Abuse Nebraska upholds grandparent visitation statute
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Four posts on interesting decisions from the Family Law Prof Blog: Income Withholding Not Subject to Limitations Period for Actions to Enforce Judgments Court May Not Grant Blanket Orders Sealing Divorce Records
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A South Carolina case last month held that a man had standing to pursue visitation, even though not biologically related to child. Mom was estopped from contesting standing because of multiple year relationship she permitted to develop between man and child. Middleton v. Johnson.
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In a case this month from the Mississippi Supreme Court, Downs v. Downs,Download CO34307.pdf it was decided that gentic testing was required when paternity of a child born to a divorcing couple is questioned. However, the decision may be based on the wording of a MS statute, and the court may still consider best interests...
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From the Family Law Profs Blog: Case Law Development: No Presumption of Undue Influence in Post Marital Agreements Absent Proof of Unfair Advantage “Wife filed for divorce. The couple then decided to try to reconcile and, as part of their resolution, they drafted a post nuptial agreement to settle their financial affairs. Four years later...
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We first saw the BIG news of the day at The Art of Divorce blog which linked to an AP story reporting on the U.S. Supreme Court’s refusal to block a lesbian woman from pursuing a custody claim to a child conceived by her partner through artificial donor insemination. The case arises from Washington state,...
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Utah has decided an important dual paternity case, link below. The law in Kentucky is unsettled where a husband/non-biological father wants to continue a relationship with and support of a child born during the marriage. Although a case is pending in the Kentucky Court of Appeals, until a KY case is published the Utah decision...
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