Family Law

  • New Jersey Law Journal

    In the Interest of M.P.

    By njlawjournal | New Jersey Law Journal | June 22, 2017

    Venue Transfer Erroneous without Notice to State & Defendant and without Proper Deference to Presumption against Transfer

  • The Legal Intelligencer

    A 'See You in Court' Mentality May Stifle Good Lawyering

    By Joni Berner | June 21, 2017

    It's unfair to be too critical of lawyers who are quick to throw up their hands at preliminary junctures of civil disputes and repeat the oh-so-common mantra, "See you in court!" After all, we were trained in law school to be zealous advocates and the judicial system is geared to reward steadfast—sometimes just plain obstinate—adherence to a "strong" legal position. Consistently pounding the law, even when connection to the facts is tenuous, often results in victory and, in most situations, at least produces even odds of success.

  • Daily Report Online

    Disability Benefits Were Non-Marital Property Not Subject to Equitable Division in Divorce, Georgia Supreme Court Rules

    By Steven A. Meyerowitz, Esq., Director, FC&S Legal | June 21, 2017

    The Georgia Supreme Court has ruled that disability benefits issued pursuant to an insurance policy after the insured had been catastrophically injured were non-marital property and were not subject to equitable division when the insured and his wife divorced.

  • New York Law Journal

    Matter of Levi

    By newyorklawjournal | New York Law Journal | June 20, 2017

    Evidence Established Remaining in Adoptive Parents' Custody in Child's Best Interest

  • The Recorder

    In re A.G.

    By therecorder | The Recorder | June 19, 2017

    C.A. 4th; D071620 The Fourth Appellate District reversed in part a dependency court judgment. The court held that the dependency court erred in finding…

  • New York Law Journal

    Divorce and U.K. Pension Rights

    By David Salter and Gerry Wendrovsky | June 19, 2017

    David Salter and Gerry Wendrovsky write that it is well established in New York that pension rights earned during a marriage "are properly considered marital property subject to equitable distribution." But what happens when a New York matrimonial litigant's pension benefits are foreign, administered by a plan administrator outside the jurisdiction of a New York court?

  • New York Law Journal

    Matter of Bhanmattie H. v. Roxanne H.

    By newyorklawjournal | New York Law Journal | June 19, 2017

    In Best Interest Court Awards Primary Legal, Physical Custody of Child to Grandmother

  • New York Law Journal

    Matter of Kaiden W. (Phalyn W.)

    By newyorklawjournal | New York Law Journal | June 16, 2017

    ACS Establishes Child's Injuries, Risk of More Serious Injury Rose to Level of Abuse by Mother

  • The Legal Intelligencer

    In re BGR, PICS Case No. 17-0762 (C.P. Lycoming Apr. 21, 2017) McCoy, J. (10 pages).

    By thelegalintelligencer | The Legal Intelligencer | June 16, 2017

    Clear and convincing evidence supported termination of a biological father's parental rights where he had no contact with the child and failed to express any concern about her for longer than the six-month period provided by statute. The court concluded the child's welfare would be served by termination of the father's parental rights.

  • The Legal Intelligencer

    In Re Adopt ion of L.B.M., PICS Case No. 17-0886 (Pa. March 28, 2017) Wecht, J., Saylor, C.J. (concurring), Baer, J. (dissenting) (31 pages).

    By thelegalintelligencer | The Legal Intelligencer | June 16, 2017

    The courts erred in failing to appoint a counsel for the children in a contested TPR proceeding where the children had a guardian ad litem who was an attorney because the clear language of §2313(a) required the appointment of counsel who served the child's legal interests and a GAL, who advocated for the child' best interests, could not perform both roles. Reversed.

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