News & Analysis as of

Child Custody Parental Rights

Fox Rothschild LLP

A Court Actually Found Alienation and Did Something About It – How Novel

Fox Rothschild LLP on

Parental alienation cases are heart breaking, both because of the damage to the children and the fact that the alienated parent is often robbed of large parts of the children’s childhood – and worse. For years I have said...more

Dentons

American Indian Tribal Semi-Sovereign Status and Adoption

Dentons on

American Indian tribes hold an exceptional legal status within the United States. As semi-sovereign entities, tribes have various rights, including enacting legislation, maintaining an independent judiciary, and governing...more

Brownstein Hyatt Farber Schreck

A Significant Win for Tribal Sovereignty—ICWA Survives Haaland v. Brackeen

On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen....more

Epstein Becker & Green

Indian Child Custody, Tribal Bankruptcy Coverage, and Criminal Case Venue Occupy Today’s Docket – SCOTUS Today

Epstein Becker & Green on

Indian tribal rights led the Supreme Court’s docket yesterday. In one case, the Court held that the federal Bankruptcy Code abrogated the sovereign immunity of tribal governments. And in another, this time upholding tribal...more

Weber Gallagher Simpson Stapleton Fires &...

Can My Kids Call My Husband “Daddy” Even if He Isn’t Their Father?

As I indicated in my last blog post, Pennsylvania’s Superior Court gave us family lawyers a nice list of issues in Rogowski v. Kirven, 2023 Pa. Super. Lexis 75 (March 1, 2023). In that blog I addressed what I call...more

Fox Rothschild LLP

Son with a Gun Part 2: Are You Liable for the Kid with a Gun?

Fox Rothschild LLP on

Legislatures and courts these days are devoting lots of energy to what parents can and can’t regulate in their households and who is “responsible.” Florida just passed a law making it a crime for parents to seek treatment for...more

Dickinson Wright

Same-Sex Partners – Child Custody Land Mines

Dickinson Wright on

The recent decision of Compher v. Whitfield from the Tennessee Court of Appeals is a prime example of how far child custody law in Tennessee has to go to catch up with today’s same-sex partner realities. In Compher, two women...more

Fox Rothschild LLP

COURT DELAYS REUNIFICATION THERAPY DEFERRING TO THE WISHES OF A 12 YEAR OLD

Fox Rothschild LLP on

Sadly, serious fractures in a parent-child relationship come up frequently in our practice. Sometimes, it is because of a parent’s self-destructive conduct (e.g. drug or alcohol addiction, abuse, untreated mental illness,...more

Weber Gallagher Simpson Stapleton Fires &...

Buzz Kill - Pot is Legal In New Jersey, But You Can Still Lose Your Kids

After a 2020 statewide referendum and subsequent changes in the law, New Jersey has decriminalized “regulated marijuana” that is prescribed for medical uses and the use and possession of up to 6 ounces of non-medical...more

Greenbaum, Rowe, Smith & Davis LLP

When It Comes To Custody Issues, Smoking Pot Is Not Necessarily A Smoking Gun

In an August 2, 2021 published decision by the Superior Court of New Jersey, Appellate Division, the Court held that a parent’s recreational marijuana usage cannot suffice as the sole or primary reason to terminate that...more

Lasher Holzapfel Sperry & Ebberson PLLC

In re M.A.S.C.: A Framework for Assessing Whether to Terminate Parental Rights of an “Intellectually Disabled” Parent

The decision to sever a child’s relations with his or her natural parent is not to be taken lightly. It has been said that “[a]n order terminating parental rights deprives children of their right to financial support, their...more

Burns & Levinson LLP

A Review of the Rhode Island Uniform Parentage Act

Burns & Levinson LLP on

Earlier this summer, which feels like a lifetime ago in these COVID times, the Rhode Island Governor signed the Rhode Island Uniform Parentage Act into law.  The law, which had been considered in four previous legislative...more

Obermayer Rebmann Maxwell & Hippel LLP

Happy National Adoption Month!

November has been declared National Adoption Month with November 23rd designated specifically as National Adoption Day. According to the U.S. Department of Health & Human Services, “The designation of National Adoption Month...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Strikes Down Indian Child Welfare Act as Unconstitutional

In Brackeen v. Zinke, No. 4:17-cv-868-O (N.D. Tex.), the U.S. District Court for the Northern District of Texas declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (the Final Rule) are...more

Jaburg Wilk

Resolving Parenting Time Conflicts

Jaburg Wilk on

In Arizona, when parents are no longer married or not living together in paternity matters, they may have an agreement for parenting their children (legal decision making) and parenting time for when each parent will be with...more

Jaburg Wilk

Joint Custody and Legal Decision Making

Jaburg Wilk on

In Hull v. Wesley the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication. These medications were taken during the pregnancy. The child was born...more

Obermayer Rebmann Maxwell & Hippel LLP

A Stepparent Was Ordered to Pay Child Support in Pennsylvania Custody Order?

Did you know that a stepparent can be ordered to pay child support of his or her stepchildren in Pennsylvania? In a recent Pennsylvania Supreme Court case, just that happened – a stepparent was found to have a duty to support...more

Burns & Levinson LLP

Who Knows Best? When Parental Authority is Revoked

Burns & Levinson LLP on

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

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