Jailed Inmates Have Parental Rights Too
February 27, 2008
When a man is in jail, it may be very difficult for him to keep in meaningful contact with his child unless he has the aid of concerned family members or friends. Apart from the emotional problems that may ensue for all parties if visits and phone calls are nonexistent or sporadic, the issue of meaningful contact becomes even more urgent when someone ' the child's mother, another relative or a social services agency ' wants the child freed for adoption.
Applying College Credits in Divorce Cases
February 27, 2008
As complicated as the selection and financing process has become for divorcing parents with children about to enter college, matrimonial lawyers also are faced with similar complexities in negotiating terms to define the parents' respective contributions for college expenses. In particular, courts have addressed the issues of giving a noncustodial parent a credit for college expenses paid by him or her as against the overall basic child support payments. But there is little help in drafting the language in a written agreement the parties can readily understand and apply.
Expert Witness vs. Trial Consultant
February 27, 2008
The field of forensic psychology as applied to Family and Supreme Court matters involving custody and access issues has evolved in its complexity and breadth over the last three decades to encompass a broader range of professional activities. The forensic psychology literature has begun to provide more specific guidance regarding the 'do's and don't's' of both expert witness work and trial consultancy.
Litigation
February 27, 2008
Recent rulings of importance to you and your practice.
Practical Tips for Negotiating Settlement in Matrimonial Cases
February 27, 2008
To negotiate a matrimonial case successfully, the practitioner must zigzag through a litany of impediments. These include the facts of the case, the relevant law, as well as the adversary and client, both of whom come with their own personalities, priorities and quirks. This two-part article (Part Two will appear in the April 2008 Issue) is offered as a guide to settling matrimonial cases.
Formal Recognition of Gay and Lesbian Relationships
February 27, 2008
According to the Human Rights Campaign, 26 states have adopted constitutional provisions limiting marriage to opposite-sex couples. Nineteen states have enacted similar statutory restrictions. Meanwhile, ten states and the District of Columbia have adopted varying levels of legal protection for same-sex couples and their children. While only one American jurisdiction allows same-sex couples to marry, at least five countries worldwide, including Canada, do so. Much is hazy in this legal landscape, but one thing is clear: In the short term, sister-state recognition of these relationships will be spotty at best, and will be fought out on a case-by-case basis.
Relocation Issues
February 27, 2008
In this day and age, when family units break apart and realign regularly, when employment is more transient than permanent, when transportation is affordable and global communication is instantaneous, relocating to another city or state, or even another country, is more common than ever. While the reasons for moving seem countless, a primary residential parent's ability to relocate with the children may be severally limited by the laws in his or her state.
