COLUMBIA, SC — A temporary ex parte custody order did not qualify as a state court custody order sufficient to meet the requirements necessary for plaintiff to obtain special immigrant juvenile status, the 4th U.S. Circuit Court of Appeals has ...
Read More »Matrimonial Matters: Divorce and timeshares
Attorneys working in matrimonial law have to deal with the equitable distribution of various properties, both real and personal. Sometimes working out the distribution is not too involved, but sometimes there can be a hitch in determining which party gets ...
Read More »Father lost rights after failure to get counseling
RICHMOND, VA — The father’s failure to comply with the Department of Social Services requirements for counseling and the therapist’s recommendations supported the circuit court’s decision that he was not prepared to care for his child, who suffered from numerous ...
Read More »Law firms are turning their eyes toward attorneys’ well-being
The legal community’s efforts to help ensure that attorneys stay well, both mentally and physically, has become a movement during the past few years. While there has long been help for attorneys suffering from or at risk for substance abuse, ...
Read More »Man’s move out of state with girlfriend ruled desertion
RICHMOND, VA — Where a husband purchased a home in Washington state with his former high-school girlfriend in March 2016, which was several months before he left the marital residence in July 2016, the circuit court did not abuse its ...
Read More »All in the Family: A reversal in modification of spousal maintenance
MINNEAPOLIS, MN — On Dec. 10, 2018, the Minnesota Court of Appeals issued an opinion reversing a District Court’s modification of spousal maintenance. The decision in Wells v. Wells, although unpublished, has some interesting twists. Husband and Wife were married ...
Read More »Judge considers ‘extraordinary circumstances’
ROCHESTER, NY — Monroe County Family Court Judge Joan S. Kohout has established the first local case law on one aspect of the new Raise the Age statute. The law is so new that Kohout had no previous court rulings ...
Read More »Matrimonial Matters: Appellate court does reality check
ROCHESTER, NY — In October the Third Department Appellate Division tackled law versus real life. In Button v. Button (2018 NY Slip Op 07216), the court addressed application of the statutory maintenance guidelines and counsel fee award. The Plaintiff Wife ...
Read More »Dad’s assault on mom a material change in circumstances
RICHMOND, VA — A father’s assault and battery of his child’s mother constituted a material change of circumstance that justified review of a custody and visitation order, even though the charges could be dismissed if he complied with certain conditions. ...
Read More »Court of Appeals scrutinizes preclusion of child’s testimony
MINNEAPOLIS, MN — On Nov. 13, 2018, the Minnesota Court of Appeals issued an unpublished opinion concerning the preclusion of a child’s testimony in a protective services proceeding in In the Matter of the Welfare of the Child of QSM ...
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Maryland Family Law Maryland family law opinions and commentary
