Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Obligations to Children

By ALM Staff | Law Journal Newsletters |
November 29, 2006

In last month's issue, we looked at a hypothetical case in which Lynne and her soon-to-be ex-husband David have drafted a child custody agreement giving Lynne primary legal and physical custody of their daughter, Jane. Neither had raised the issue of what would happen if the primary custodial parent wanted to relocate. Under the governing law of their state, unless the settlement agreement specifically states otherwise, the primary custodial parent is presumed to be able to move to another state for a promotion or unique job opportunity. Lynne informed her attorney that she had accepted a unique job opportunity that would require her to move to another state shortly after the settlement agreement's signing. Our dilemma was: What could, or should, the attorney do to protect Jane's interests?

A Duty to Counsel a Parent on the Child's Best Interests

Read These Next
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.