Parental Rights

News & Analysis as of

Michigan Court of Appeals Reverses Termination of Parental Rights; Cites Indian Child Welfare Act Standard

In any child custody proceeding involving Indian children, all parties should understand there are significant legal and procedural requirements that must be met before parental rights to Indian children may be terminated....more

Virginia Supreme Court Opinions Affecting Local Government Law: October 31, 2014

Happy Halloween! The Virginia Supreme Court issued opinions on Halloween this year. A complete coincidence, but I do hope that nothing in this term’s opinions has scares you! This term resulted in two cases related to...more

ERISA’s “Overlapping Fields of Fire” Preempt Wisconsin’s Family and Medical Leave Act

Wisconsin’s Family and Medical Leave Act (“WFMLA”), requires that employers allow employees six weeks of unpaid leave following “[t]he birth of an employee’s natural child,” and that employers allow an employee to substitute...more

New Right To Time Off To Accompany A Pregnant Woman To Antenatal Appointments

From today, 1 October 2014, employees and agency workers who have a “qualifying relationship” with a pregnant woman or her expected child are entitled to take unpaid time off during working hours to accompany the woman to two...more

What Are the Rights of an Unwed Father?

We often discuss issues of custody in terms of a divorcing couple but what about couples that are not married and expecting a child when trouble arises in their relationship? In Plotnick v. DeLuccia, the couple dated and...more

Texas Supreme Court Opinions and Orders (8/29/14)

As expected, the last order list of the Supreme Court's fiscal year was a busy one. The Court issued opinions in 12 argued cases, so I apologize in advance for the length of this post. There were no grants and no mandamus...more

How Has The Legalization Of Same-Sex Marriage In Pennsylvania Altered The Adoption Process For Same-Sex Couples?

“Any individual may become an adopting parent.” This statement, cited from Pennsylvania’s Adoption Act now rings true for same-sex married individuals seeking to adopt their spouse’s children through what is called a...more

Texas Supreme Court Opinions and Orders (5/14)

No. 12-0983, McAllen Hospitals, LP v. State Farm County Mutual Insurance Company of Texas - The Court addressed some of the mechanics of Hospital Lien Statute (Texas Civil Practice and Remedies Code chapter 55). State Farm...more

Sperm Donors May Have Parentage Rights

Imagine you and your girlfriend strongly desire to have children. You are unable to do so naturally, so you jointly decide to seek medical assistance. You donate sperm and your girlfriend is inseminated; 9 months later, a...more

A Parent’s Right To College Records

For many parents, the financial support they provide to their children does not end after their children graduate from high school. For divorcing parents in particular, the payment of their children’s future college expenses...more

Who Knows Best? When Parental Authority is Revoked

Can you imagine bringing your child to an esteemed children’s hospital for care and medical treatment, only to have your child taken away from you and placed into state custody? Well, that was and is the reality of Justina...more

Fast Five: Rhode Island Appellate Practice - February 2014

TRIAL COURTS MAY NOT CIRCUMVENT SUPREME COURT’S EXCLUSIVE JURISDICTION TO ENLARGE TIME FOR APPEAL. In an order this term, the Rhode Island Supreme Court held that the Family Court exceeded its authority when it vacated...more

Employers Take Note: Back To School Means Parents May Exercise Rights Under Illinois School Leave Law To Attend School Conferences...

As children across Illinois go back to school, employers should take note of a lesser-known Illinois employment law that gives parents the right to take time off to attend school conferences or classroom activities. The...more

Ninth Circuit Finds Scheduling Difficulties Do Not Excuse District From Excluding Parent From IEP Meeting

In Doug C. v. State of Hawaii Department of Education, the IEP team had placed a student with autism in a private day school for the past 6 years....more

OCR Issues Guidance Regarding Pregnant And Parenting Students

The U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter last week that provides guidance for secondary schools regarding compliance with Title IX as it relates to pregnant and parenting...more

When talking Child Custody & Parenting Time, Should Your Ex-Spouse’s Significant Other Be around Your Children? #ParentingTime

Like many fans of the Phoenix Suns I was sad to learn a few years ago that our former star player, Steve Nash, was getting a divorce from his wife and the mother of his three kids. Although the Nashes divorced in 2011, their...more

Individualized Education Program Meeting Held Without Parental Participation Violated Individuals With Disabilities Education Act

A parent claimed the Hawaii Department of Education (“Department”) violated the Individuals with Disabilities Education Act (“IDEA”) when it held a student’s annual individualized education program (“IEP”) meeting without...more

12 Things You Should Know About Private Adoptions In Utah

12 THINGS YOU SHOULD CONSIDER IN PRIVATE/INDEPENDENT UTAH ADOPTIONS: 1. Finding a birth mother: Paid facilitators are illegal in Utah. Only licensed agencies may be paid for matching services under Utah law. Even...more

What the 100-Mile Rule Means for You

If you have been through a divorce and are the custodial parent, moving your residence is far from a simple personal decision. This is especially true if you intend to move more than 100 miles from your current residence....more

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