It is much more interesting to post articles when they stimulate some discussion. The Legal Profession Blog, a member of the Law Professors Blog Network posted the following (you’ll have to go to their article to hit their links): “Update on Limited Representations: “Unbundling” Discrete Legal Tasks As a follow-up to our posts here and...Read More
It’s official: effective January 1, 2007, unpublished Appellate Opinions rendered after January 1, 2003 may be cited for consideration if there is no published opinion on point. Section (4)(c) of CR 76.28 will read:Read More
Storm v. Mullins, 199 S.W.3d 156 (Ky., 2006) Issues and Holdings: 1. Whether the consent to custody form, signed by the mother, was sufficient to establish the mother’s consent to the paternal grandparents’ adoption of the children. The Supreme Court held that such form was not sufficient. 2. Whether the one-year statute of limitations period...Read More
In an important decision last week, Janet Miller-Jenkins v. Lisa Miller-Jenkins, the Virginia Court of Appeals held that Virginia must give full faith and credit under the federal Parental Kidnapping Prevention Act to a custody determination made by a Vermont court growing out of a Vermont civil union. The opinion determined that DOMA did not...Read More
Com., Cabinet for Health & Family Services ex rel. M.H. v. R.H., 199 S.W.3d 201 (Ky.App., 2006) Issue and Holding: Whether the doctrine of issue preclusion applied to bar the Cabinet from introducing evidence of prior sexual abuse perpetrated against siblings of the infant by the parents at an adjudication hearing regarding the removal of...Read More
Janet Jangjhar’s Florida Divorce Law Blog has a number of very interesting recent posts: A Close-up Look at Routine Bans on Travel with Children of Failed Relationships Is There Such a Thing as Gay Divorce Outside Massachusetts?Read More
Many corporations are feeling the heat and have been in the news for back-dating stock options. This Forbes article posits that the issue may have a gnarly impact on such options in the event of divorce. It doesn’t suggest solutions, but sometimes the important thing is to be aware that there may be a problem...Read More
Pro Se divorce litigants are increasing common in family courts, approaching 70% of cases in some areas. The Jefferson County Kentucky Family Court and Louisville Bar Association are assembling forms for these litigants to use. Law.com reports that two Massachusetts family courts are experimenting with lawyers providing limited representation. “Litigants who might have appeared before...Read More
Issue and Holding: Whether one who is not a parent but who has nevertheless participated substantially in the support and rearing of a child for a significant period of time has standing to claim a right of custody or visitation upon discontinuance of the cohabitational relationship with the parent. The Court held no, such person...Read More
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