RICHMOND, Va. — Where an out-of-state trustee engaged in sustained correspondence with Virginia-based trust beneficiaries, registered to conduct business in Virginia, has a registered agent in Virginia, and made distributions to the beneficiaries in Virginia, it was subject to personal ...
Read More »Children’s vaccination allowed over father’s ‘veto’
A divorced mother could vaccinate her children for COVID-19 despite opposition from their father, the Rhode Island Supreme Court has decided. The plaintiff mother filed a motion seeking the Family Court’s permission to vaccinate both of her children consistent with ...
Read More »Michigan appeals court ‘reluctantly’ affirms denial of father’s pick for custody
Despite finding delays by the Department of Health and Human Services deeply troubling, the Michigan Court of Appeals reluctantly affirmed the denial of a removal order for a child in foster care, as the district court reasonably determined that the ...
Read More »New ABA ethics opinion addresses prepaid fees
An ethics opinion recently issued by the American Bar Association provides guidance on how lawyers should handle fees paid in advance by individual clients. On May 3, the ABA’s Standing Committee on Ethics and Professional Responsibility released a formal opinion ...
Read More »Unconscionability of prenup on ‘second look’ upheld
BOSTON, MA — A Probate & Family Court judge did not err in finding that a prenuptial agreement was fair and reasonable when it was signed but unconscionable and therefore unenforceable at the time of the parties’ divorce, the Appeals ...
Read More »4th Circuit overturns decision to dismiss lawsuit against adoption agency
Where the state of Ohio terminated the parental rights of then four-year-old plaintiff’s biological parents, the state took on an affirmative constitutional duty not to make a foster placement that was deliberately indifferent to plaintiff’s right to personal safety and ...
Read More »How can a parent’s medical condition impact custody in New York?
As we emerge from the pandemic, one of the most frequently asked questions parents might have regarding custody is to what extent a parent’s illness can affect pending or existing custody decisions or arrangements.
Read More »Can ‘Presumptive ADR’ become the new norm for New York divorces?
In May 2019, upon recommendation by an Advisory Committee on Alternative Dispute Resolution (“ADR”), then-Chief Judge Janet DiFiore and then-Chief Administrative Judge Lawrence K. Marks announced the implementation of “presumptive ADR.”
Read More »Equal split of wife’s pension not inequitable, court finds
A trial court’s decision to amend a judgment of divorce to equally split the marital portion of the wife’s pension with her ex-husband was not inequitable, a Michigan Court of Appeals panel has ruled. “Considering the totality of the facts ...
Read More »Frozen embryos can be sold under chattels statute, Va. judge rules
RICHMOND, Va. — A Fairfax County judge has reconsidered his earlier finding and ruled that frozen embryos in a long-running divorce dispute can be sold under the state’s goods or chattels statute. Where the court previously ruled that a divorced ...
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