Split and Shared Custody Arrangements
There are instances in which parents agree to substantially share the children's time between both their households, resulting in the children spending up to 50% of the time with the "noncustodial" parent. The Child Support Standards Act (CSSA) does not address this kind of sharing arrangement, which can lead to inequities.
Features
Divorce Granted After Trial Proves Irretrievable Breakdown
In what was apparently the first trial of a contested no-fault divorce under New York's recently enacted Domestic Relations Law, Suffolk County Acting Supreme Court Judge James F. Quinn declared a 56-year marriage irretrievably broken and granted the plaintiff wife's request for divorce.
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You Can't Go Back! Or Can You?
In 2009 the Court of Appeals articulated a new rule for Family Law practitioners, referred to by some as the "don't look back" rule. The court in <i>Buntzman</i> simply did not want courts reviewing economic decisions made during the course of a marriage, or attempting to adjust for the fact that certain payments made from separate property may have benefited both spouses ' or even the non-titled spouse alone.
Features
The Non-Party Physician
Last month, the authors began a discussion of the crucial role non-party physicians often play in medical malpractice cases. Here, they look at some methods for obtaining the evidence they possess.
Features
Standard Defense in Obstetrical Malpractice Cases Invalid
In what may be a national first, an appellate panel in Rochester, NY, has rejected as scientifically invalid a standard defense in obstetrical medical malpractice cases.
Features
Shoulder Dystocia and the Duty of Informed Consent
Obstetricians should examine their states' legal requirements about informed consent when making decisions about when to speak to patients about planned cesarean delivery in the face of evidence suggesting an increased risk of shoulder dystocia during delivery.
Features
Recent NJ Case Upholds Protection of Trust
This article concludes last month's overview and discussion of the impact on trusts arising from a recent New Jersey case, <i>Tannen v. Tannen</i>.
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