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Family Law Courts Appeals

Conn Kavanaugh

Massachusetts Appeals Court Sheds Light on Double-Dipping in Trethewey v. Trethewey Divorce Settlement

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While it is standard practice that an asset will be valued and divided in a divorce, what happens when the same asset that was divided between spouses is also used to generate income for support? In such divorce cases, a...more

Fox Rothschild LLP

An Early Nominee for 2024’s Most Bizarre Child (Non) Support Case

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The phrase “Truth is stranger than fiction” is attributed to Mark Twain. There are occasions when an appellate case presents a conundrum. And while it might seem fitting to criticize the trial or appellate courts in case like...more

Fox Rothschild LLP

Resisting The Urge To Give The Trial Court One Last Chance—Déjà Vu

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Requesting that trial judges modify their judgments or orders is not for the faint of heart. Informing a trial judge that he or she has likely goofed is not fun, but it is often necessary. Indeed, the Appellate Rules usually...more

Stange Law Firm, PC

Does it make sense to appeal?

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Some divorce and family law matters do not settle. Instead, the case is tried in the family court. Putting the case in the hands of a family court judge can be a risky proposition. Most parties would prefer to settle...more

Proskauer - Proskauer For Good

NY Appellate Division Decision Provides Equity for Guardians of Limited Means

Last week, Proskauer obtained a critical victory for our client—a grandmother acting as guardian for her two learning-disabled grandchildren—in an appeal to the Appellate Division, First Department. The appeal challenged a...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – December 2019

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The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Jaburg Wilk

Domestic Violence and Joint Legal Decision-Making in Arizona

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Domestic violence allegations are unfortunately part of many divorce proceedings. A recent decision by the Arizona Court of Appeals [i] clarifies how domestic violence may impact which parent can make decisions relating to...more

Jaburg Wilk

Family Law Judges Can No Longer Make Parental Decisions in Arizona

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Where will Emma go to school? Will Jacob’s acne be treated with Accutane? Is Jackson going to see a therapist? For many years divorced parents in Arizona - with equal parenting rights and an inability to agree on such...more

Proskauer - Proskauer For Good

New Coalition Pressing for Court Reform in New York State

The Fund For Modern Courts and Proskauer hosted representatives from a diverse coalition of organizations in New York State and leaders of the state bar at our New York office on May 3 to discuss the necessity of court reform...more

Jaburg Wilk

Exercise Caution When Seeking to Modify Parenting Issues in Arizona Family Law Cases

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Recently, the Arizona Court of Appeals clarified that only one parent is required to file a motion to modify legal decision-making or parenting time. In Sundstrom v. Flatt, Mother exercised sole legal decision-making...more

Jaburg Wilk

Obtaining Additional Time for a Family Law Hearing: What You Need to Know

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The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more

Farrell Fritz, P.C.

Pro Bono Appeal: Navigating Inconsistencies in Posthumous DNA Testing Statutes

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Family Court Act § 519 and Estates Powers and Trusts Law (“EPTL”) § 4-1.2 both address a child’s right to prove paternity after the putative father’s death. However, DNA testing may be considered under Family Court Act § 519...more

Burns & Levinson LLP

Appeals: Not All Courts Are Created Equal

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Hi there, I hope you are all staying cool. It’s brutal out there today! The court system is hierarchical. Each court has authority to render judgments and decisions but until you hit the Supreme Judicial Court,...more

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