Lawyers USA Online » Family Law

California same-sex marriage ban ruled unconstitutional

Pat Murphy — Tue, 07 Feb 2012 19:25:39 +0000

The ban on gay marriage approved by California voters is unconstitutional, the 9th Circuit has ruled.

The decision affirms a ruling by a U.S. District Court. (See “Ban on gay marriage is unconstitutional,” Lawyers
» Continue Reading.

Utah suit challenging bigamy law moves forward

Correy Stephenson — Tue, 07 Feb 2012 17:28:04 +0000

A lawsuit challenging the constitutionality of Utah’s polygamy statute may proceed, a U.S. District Court Judge has ruled.

Last July, a family comprised of a husband and four “sister wives” filed a federal lawsuit in Utah, challenging the law.

Kody Brown, who is legally married to one
» Continue Reading.

Deceived husband can recover child-rearing costs

Pat Murphy — Thu, 02 Feb 2012 16:53:12 +0000

A man who was deceived as to the paternity of a child born during his marriage could sue the girl’s biological father to recover his child-rearing expenditures, the Connecticut Supreme Court has ruled in reversing judgment.

The plaintiff’s wife gave birth to a daughter in 1992. Unbeknownst to the plaintiff,
» Continue Reading.

State court can’t modify child support order

Pat Murphy — Thu, 02 Feb 2012 16:47:55 +0000

A state court lacked jurisdiction to modify a child support order after the parties and their children had left the state, the Nevada Supreme Court has ruled in reversing judgment.

The parties obtained a divorce in Nevada state court. Under the terms of the divorce, the husband’s child support obligation
» Continue Reading.

Court couldn’t hear out-of-state custody dispute

Pat Murphy — Thu, 26 Jan 2012 20:09:10 +0000

A state court misapplied the residency rules of the Uniform Child Custody Jurisdiction and Enforcement Act when it assumed jurisdiction of an out-of-state custody matter, the Colorado Supreme Court has ruled in reversing judgment.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides that the issuing state has exclusive
» Continue Reading.

Divorced mother can’t change children’s names

Pat Murphy — Wed, 25 Jan 2012 17:12:43 +0000

A divorced mother was not entitled to a presumption that she was acting in her children’s best interests when she filed a motion to change their surname, the New Jersey Appellate Division has ruled in reversing judgment.

The parties had two children before their divorce. The children were both given
» Continue Reading.

Former same-sex partner may have parental rights

Pat Murphy — Mon, 23 Jan 2012 18:40:47 +0000

A mother’s former same-sex partner may be entitled to the rights of a presumed parent regarding a child born before the parties were living together and engaged in a sexual relationship, the California Court of Appeal has ruled in reversing judgment.

The defendant became pregnant before breaking up with her
» Continue Reading.

Ex-wife can keep federal life insurance benefits

Pat Murphy — Mon, 23 Jan 2012 18:16:55 +0000

Federal law preempts a state law which would preclude a woman from keeping the proceeds of a federal employee life insurance policy as her ex-husband’s named beneficiary, the Virginia Supreme Court has ruled in reversing judgment.

A state law provides for the automatic revocation of beneficiary designations upon divorce. In
» Continue Reading.

A gift to ‘y’all’ must be shared between husband and wife

Paul Fletcher and Correy Stephenson — Tue, 17 Jan 2012 17:24:01 +0000

When a wife’s father said that a $15,000 payment was for “y’all,” he made a joint gift to the couple, despite his later testimony that he intended only to help his daughter, a Virginia trial court has ruled.

In Polich v. Polich, the trial court considered a number of
» Continue Reading.

Father didn’t forfeit presumption of fitness

Pat Murphy — Thu, 12 Jan 2012 17:40:31 +0000

A father didn’t forfeit his constitutional presumption of being a fit parent when he consented to a guardianship for his daughter, the New Hampshire Supreme Court has ruled in reversing judgment.

In anticipation of moving out of the country to pursue a business opportunity, the plaintiff consented to his father
» Continue Reading.