How 'Bout Those Broncos!
May 28, 2008
Suppose a husband in a pending divorce action is a big football fan and has four season tickets to his team. He waited over 20 years on the waiting list to have access to these tickets. Now that his time has come, he finally has the right to buy tickets every year to see his favorite team play. However, he is also in the midst of a bitterly contested divorce, and these tickets are now at issue. What happens next?
<b>BREAKING NEWS:</b> CA Marriage Ruling Makes History
May 15, 2008
On a blast-furnace of a day when normally chilly San Francisco hit 96 degrees, the California Supreme Court enhanced its reputation as a trail-blazing institution on May 15 by giving gays and lesbians the right to marry. 'The California Constitution,' Chief Justice Ronald George wrote in the 4-3 ruling, 'properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.'
Litigation
April 28, 2008
Recent rulings of interest to you and your practice.
Ruling Adverse to Foreign Same-Sex Union Is Vacated
April 28, 2008
In vacating a lower court ruling, New York's Appellate Division, Second Department, wiped off the books the sole remaining decision refusing to recognize same-sex marriages solemnized in other jurisdictions.
Senior Divorce: Special Circumstances
April 28, 2008
Seniors are divorcing with greater frequency. Divorce is different for seniors than for younger married couples. The issues of visitation and child support that dominate divorces of many younger couples are not present; instead, seniors face their own unique issues with which professionals must grapple. This article is a discussion of some of the many nuances that are more unique to seniors ' and some of the planning implications those advising seniors should consider.
Mother Loses Custody after Tour in Iraq
April 28, 2008
A New York appellate court affirmed a family court ruling that granted primary physical custody of a child to his father after the mother went through a period of absence and upheaval starting with her tour of duty in Iraq.
From Test Tube to Testate
April 28, 2008
As the definition of family becomes increasingly complex, so does the definition of children and further descendants. Who is (and who is not) deemed to be a legal child of a marriage has implications throughout family law. How the law treats adopted children, those born out of wedlock, those born as a result of egg and sperm donation, those born via surrogates and even children conceived after the death of a parent affects support obligations,'
Panel Finds International Custody Battle Belongs in NY
March 28, 2008
A Manhattan appellate court refused to relinquish jurisdiction over a custody case in which a mother fled with her 5-year-old son to Italy because she thought she was not getting a fair hearing in a New York Family Court. In an unusual ruling in late December 2007, the Appellate Division, First Department, reversed the conclusion of Manhattan Family Court that the case belonged in the Italian courts.
International Custody Disputes
March 28, 2008
Family lawyers with cases involving application of Section 105(c) of the UCCJEA need to marshal Internet and other resources to determine whether the child custody law of a foreign jurisdiction violates a child's fundamental right to safety and protection. Although Section 105(c) does not provide a broad exception to the otherwise stringent standards of the UCCJEA, in cases where a child's welfare is threatened by deferral of jurisdiction to a foreign tribunal or enforcement of a foreign order, a trial court can invoke Section 105(c) to circumvent application of the UCCJEA's rigorous jurisdictional and enforcement provisions.
