Now showing items 1-10 of 26
Attorneys May Suffer Consequences for Using Their Clients' Ill-Gotten Evidence
Do we ask our clients where and how they obtained evidence when they mysteriously present emails between their spouse (whose interests are adversarial to their own) in the future? Likely, we must—to avoid just the type of ...
Parents need to be on their best behavior during the pendency of a child termination suit
For child welfare agencies across the United States, it’s the ultimate measure to use against parents—termination of their parental rights (TPR). Used when there are serious concerns about abuse or neglect, the procedures ...
Collaborative divorce has many advantages, but some disadvantages too
For couples contemplating divorce, collaborative divorce can be an attractive approach to respectfully resolve their differences without going to trial. Often, it is also less adversarial, more economical, and holds the ...
Is your spouse unstable? The need to know versus privacy rights
The pending case of In Re Grohman presents a classic dilemma. Larry Wegner sought court orders mandating a psychological evaluation of his wife, Sondra Grohman, in the context of a divorce proceeding. Does every family law ...
What constitutes a "habitual residence?"
Habitual residence must be gleaned from a review of the totality of the circumstances, including affirmative defenses
Persons who are deaf-blind need a seat at the legal table
After centuries of neglect, the voices of the deaf-blind population need to be heard. Society in general, and the legal profession in particular, must be committed to empowering persons who are deaf-blind. It’s time to ...
Might gender-affirming support for transgender youth constitute child abuse?
Texas Attorney General Ken Paxton disputes the American Medical Association, the American Psychiatric Association, the American Academy of Pediatrics, and the position that those respective organizations have taken in ...
Prosecuting and defending custody cases involving sex abuse allegations
(Divorce Marketing Group, 2022-09-20)
When child sexual abuse allegations arise during custody disputes, matters can become complicated very quickly. Rightfully, such allegations must be taken seriously and addressed immediately. Should courts and Child ...
When domestic violence is a two-way street, terminating both parents’ rights may be in the best interest of the child
(ALM (formerly American Lawyer Media), 2022-11-10)
In the recent trial of Johnny Depp and Amber Heard, the phrase “mutual abuse” was used by the psychologist testifying on Depp’s behalf. Mutual abuse is a term sometimes used to assign accusations of instigation and abusive ...
Medical Neglect Can Be Grounds for Termination of Parental Right
(ALM (formerly American Lawyer Media), 2022-10-19)
A child’s environment can constitute a source of physical and emotional medical neglect. Termination is warranted where clear and convincing evidence is presented that parents had no plan in place to meet their children’s ...