Law.com Subscribers SAVE 30%

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

When an Unborn Child Is Moved Across State Lines

By Janice G. Inman

Can an adult's decision to move to a new state be considered “reprehensible behavior”? Well, maybe, if she is pregnant. That is according to a New York Family Court referee, who recently declined to consider a custody case, instead letting a California court decide it, despite the fact that the child in question was born in and resided with his mother in New York.

Certainly, moving a child who is the subject of custody order out of state can land a parent in trouble, and the courts of the state from which the child was removed will retain jurisdiction over the matter so long as it is raised within a reasonable time of the wrongful move. But the case of McK v. M. puts an unusual twist on the question: In the context of a custody dispute, at what point does a parent's right to move where she chooses become legally abridged by wishes of the other parent? Is it soon after conception or some time after birth?

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.