NY Court Requires Same Sex Partner to Pay Child Support

September 3, 2010 by Family Law  
Filed under Family Court

From the WSJ blog: A New York state appellate court ... became the first in the state to rule that a same-sex partner may be liable for child support. The case of H.M. v. E.T involved a one-time lesbian couple...

When to Hire a Lawyer – 5 Common Situations

September 3, 2010 by Maricopa County Court  
Filed under About Attorneys, Family Court

By Stacey Lynn -

There are many situations in day to day life that lead to unpleasant feeling. Depending on the degree of unpleasantness and seriousness involved in the reason that led to such situation, it may be necessary to seek legal help from the court by filing a case. In such cases, hiring a lawyer is the best solution to get a fair decision and justice from court.

A lawyer or attorney will not only save us a lot of trouble involved with the legal documentation, preparation needed at each and every step of court proceedings, but also tell us right in the beginning whether our case is worth a legal pursue. In a lot of situations, we know that we are correct, but the court does not take into account our thinking or feelings when deciding for or against a particular petition. It needs specific information provided in an organized manner, and backed by sufficient proof.

A lawyer is trained to deal with such situations. A good lawyer invariably has vast experience in various cases, which help you have an upper hand in any case right from the beginning.

There are five main reasons for hiring a lawyer, which include, but not limited to:

  1. When a criminal action has been committed against you or a family member, or on the contrary, you are the party charged with guilt. A lawyer will help be best help in such a situation as most of us do not know the grounds that court judge these type of complex cases on.
  2. When a serious accident takes place and one of the parties faces serious damage in form of physical or financial losses. In a lot of such accident cases happen during DUI or driving under influence, where the driver is found guilty of driving after consuming alcohol or related substances which cause a lack of consciousness. In such cases an experienced DUI lawyer can help you keep your loss to minimum, and also help you keep your reputation in the society if you are the one charged guilty of DUI.
  3. When starting a new business, depending on the complicacy of business you want to get into, you might be better off consulting a lawyer. A lawyer will give you clear insight of all the legal documents and implications and help you avoid any unpleasant surprises later.
  4. In case of a divorce, a lawyer will help you get your child’s custody, and guide you properly to get fair justice from the court.
  5. In case of a drafting of a family will, or property and assets transfer related cases. In such cases, a lawyer is again the best help as these matters usually involve big money at stake, and a good lawyer will help settle the matters in a beneficial way.

About the Author

Stacey Lynn is the author/administrator of Best Tere Haute Lawyers.com as well as Terre Haute Lawyers.org.

If you enjoyed reading this articles, then go to my website where I have a great deal more information on the subject. You will have all the information and links you need to all the best terre haute lawyers. http://bestterrehautelawyers.com/ and http://terrehautelawyers.org/

Article Source: http://EzineArticles.com/?expert=Stacey_Lynn
http://EzineArticles.com/?When-to-Hire-a-Lawyer—5-Common-Situations&id=4876594

Rogerson & Thompson: “Complex Issues Bring Us Back to Basics: The SSAG Year in Review”

September 3, 2010 by Family Law  
Filed under Family Court

Carol Rogerson (University of Toronto - Faculty of Law) and Rollie Thompson (Dalhousie Law School) have posted Complex Issues Bring Us Back to Basics: The SSAG Year in Review, 28 Canadian Family Law Quarterly 263 (2009) on SSRN. Here is...

New Arizona Family Court Administrative Order

September 3, 2010 by Alexander D. Nirenstein  
Filed under Family Court

Arizona Rule of Family Law Procedure 43(d)(6) now authorizes the Court, upon filing of a Family Court petition, to limit access to all court documents, records and evidence related to the petition for forty-five (45) days.

As a result, a new Administrative Order, No. 2010-092 has been issued which states: "all court documents, records and evidence in any Family Court action commenced with a Family Court case number not in existence before July 1, 2010 will be unavailable to the general public and will be accessible only by judicial officers, court and clerk’s office personnel, case parties and their associated attorneys of record, and law enforcement in the exercise of their official duties until forty-five (45) days have passed since filing the petition."
 

For further information on Arizona divorce and family law matters, contact Nirenstein Garnice Soderquist, PLC.

Waggoner: “The Uniform Probate Code’s Elective Share: Time for a Reassessment (With an Addendum Reporting on Post-Publication Amendments)”

September 2, 2010 by Family Law  
Filed under Family Court

Lawrence Waggoner (University of Michigan Law School) has posted "The Uniform Probate Code’s Elective Share: Time for a Reassessment (With an Addendum Reporting on Post-Publication Amendments)" on SSRN. Here is the abstract: This Article reproduces in a slightly revised format...

Child Custody Court – Being Prepared

September 2, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Alan Katz -

Before going to your first child custody court hearing it is a good idea to prepare yourself mentally and emotionally for what may be quite an exhausting and stressful experience. If you have a court hearing scheduled already you are probably experiencing a fair amount of anxiety by now. One of the most important things to remember is to keep your cool at all costs. You do not want to walk into the court room looking like a basket case, as this will do absolutely nothing to help your position. Rather than considering strategies in which you can attack the opposition, it is a much better idea to consider ways in which you can make yourself favorable in the court’s eyes.

One of the things you may want to do is obtain letters of character reference from various sources. If you already have custody of your children and you are the one being sued, you may want to provide documentation from your child’s teachers, or other school officials, about your performance as a parent who is active in your child’s life. It may also be helpful to obtain a letter from your employer and landlord/mortgage holder. These things can help the child custody court determine your stability.

While you do not want to attack the opposition, you should also remember to include any documentation surrounding any allegations of abuse or neglect on their part. It is critical that any claims you are making against the character of the parent you are battling should be backed up with solid proof. Remember that child custody courts deal in facts and evidence so make sure you provide as much documentation you can surrounding any claims of wrong doing, including photographs, witnesses, or any other type of evidence you may have.

Don’t risk the pain of losing custody of your child or getting minimal visitation rights by not knowing the rules of child custody court.

Next, discover the best custody arrangement and how you can virtually guarantee a win in your custody case. Visit my site at www.Child-Custody-Strategies.net

Article Source: http://EzineArticles.com/?expert=Alan_Katz
http://EzineArticles.com/?Child-Custody-Court—Being-Prepared&id=4914649

Stress & Fertility

September 2, 2010 by Family Law  
Filed under Family Court

A new study confirms the widely-held belief that stress adversely affects women's fertility. Read more here. Separately, it has also been suggested that shopaholic men also have lower fertility. Read about that here. MR

Texas Court Denies Same Sex Couple the Right to Divorce

September 1, 2010 by Family Law  
Filed under Family Court

The Dallas Court of Appeals ruled yesterday that a gay couple legally married in MA had no right to a TX divorce. From CBS News: "A person does not and cannot seek a divorce without simultaneously asserting the existence and...

5 Ways to Prepare For a Child Custody Battle

September 1, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Davon Jacobson M.D. -

Are you really ready for your child custody battle? The process is quite intimidating and there are many factors to understand. This article will show you five simple ways to prepare yourself for any child custody battle.

1) Be sure to attend all school functions.

One of the most important factors in a child custody hearing is whether or not you are doing your parenting duties. A parent who frequently attends their child’s school activities is one that really cares. Keep in mind you can attend different things like school plays, pta meetings, bake sales, and whatever else they are offering. When other parents see you they can become credible witnesses. The interesting thing is that the mothers seem to stick together and look out for one another and the children as well. Parent teacher conferences can also work wonders.

2) Take your child to doctor and dentist appointments.

Professionals make the best witnesses to any court case. When you take your child to the doctor or dentist, there is an automatic record as proof. These work great in your favor because they show that you are in contact with your child and really care about their well being. The word of a professional is taken very seriously in a court of law.

3) Do not miss any church time.

As far as public places go, church is one of the best. I would highly recommend it if you were going strictly each Sunday anyways. My step brother is a minister and he explained to me that the church is a reflection of the community surrounding it. If you attend a local church then get more involved and include your child. You can even bring your child to Sunday school depending upon the religion you follow.

4) Gather witnesses who you can trust.

Witnesses can literally make or break your case in most instances. Before you call someone a trusted witness, you really need to talk to them and let them know what is going on. It is very hard to tell people about your child custody issues, but when you let them know it really opens up an avenue of trust. Another piece of advice is to not just call them out of the blue. Many people who are in these situations will talk to those around them such as professionals and school teachers.

5) Record all daily activities with your children.

This will be by far the most important step to preparing yourself to fight in court. The judge will actually take this information very seriously. A parent in a situation like this who takes down notes and lists trusted witnesses will have a better chance to win their case. Keep in mind that these notes need to be exact and you have the ability to prove them.

Overall you really need to prepare yourself for the actual child custody hearing. Try to imagine what the judge would think if you were not spending time with your children, or acting as a neglectful parent. Also think of how this will play upon the emotions of the child in question. Take your time and understand that all your actions are examined to determine whether or not you will win the case.

Child custody hearings can be rather intimidating to say the least. I have created a free resource to help you in your divorce legal issues. To examine free articles, e-books, and advice please visit the Child Custody Website today!

Article Source: http://EzineArticles.com/?expert=Davon_Jacobson_M.D.
http://EzineArticles.com/?5-Ways-to-Prepare-For-a-Child-Custody-Battle&id=4865281

Malawi the New China?

September 1, 2010 by Family Law  
Filed under Family Court

A human rights group in Malawi has proposed a legal mandate limiting families to two children to check population growth and mitigate land problems. Read more here. MR

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