Now showing items 1-9 of 9
Smoothing out legal co-parenting pitfalls during holidays
Your client, a divorced parent, is planning their first holiday season under new co-parenting arrangements. As an attorney, the single best piece of advice you can give your client is this: If the client anticipates a legal ...
Could hiding income to avoid paying child support constitute child neglect?
Whether or not hiding income results in formal child neglect charges, parents need to support their children by providing them with financial support, or face the consequences.
Terminating parental rights: How much does a child's voice matter?
A recent Texas Court of Appeals case illustrates the series of considerations and “balancing acts” that ultimately lead a court to sever parental rights. One of those considerations is the child’s expressed desire.
Intent is key in the legal definition of ‘abandonment’
Establishing clear and convincing evidence that a parent has been neglectful—leaving the children in potentially dangerous circumstances—could be a ground for termination regardless of whether or not physical abuse occurred. ...
How do the Rules of Evidence treat a custody evaluation report?
The takeaway: If you want judicial notice to be taken, do not count on luck. Make the request on the record
State courts are refining the concept of ‘psychological parent’
One out of three marriages in the United States are likely to include blended families, as in In Re C.J.C. Are legislatures being short-sighted or are they being puritanical? The best interests of children remain of primary ...
Juvenile sex offender registration: Applying the ‘learned treatise’ exception to the hearsay rule
What’s “fair” for a juvenile offender who is over the age of 14 and who may be required to register as a sexual offender? The juvenile court wields great power in such cases, and a juvenile offender may carry the onus of ...
Take New Clients With a Psychological Grain of Salt
(Divorce Marketing Group, 2022-01-21)
Attorneys must be zealous advocates, but that does not mean accepting every word our clients say. Keep that psychological grain of salt handy – and warn clients that they may sometimes be affronted by our questions and skepticism.
The No Surprises Act: Practical implications for health and mental health professionals
(ALM Media Properties, 2022-01-24)
The No Surprises Act dictates that the arbiter chooses the offer closest to the median in network rate, unless there is additional information that shows that the in-network rate is inappropriate. Many provider groups — ...