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Archive for the ‘Family Rights’ Category

Emancipation of Minors – California

The decision to become an emancipated minor is an important one and should be considered very carefully. There are three different ways to become emancipated in the state of California. [...]

Written by Nymatlaw

July 21st, 2009

Hill v. Hill – Abuse – Interspousal Immunity

Neither a wife nor a husband should be required to endure abuse from their spouse without a suitable means of retribution. On the other hand, a means of recovery within the traditional tort system can seriously affect the family unit, family financial resources, and could result in multiple interrelated court proceedings. [...]

Written by Nymatlaw

July 18th, 2009

Borelli v. Brusseau – Marital Contracts

Spouses may not legally contract for support between one another. There is a public policy interest in the formation and dissolution of marriage. California Civil Code requires each of the following: [...]

Written by Nymatlaw

July 14th, 2009

Sharp Furniture, Inc. v. Buckstaff – Necessaries

Under the common law doctrine of necessaries and in the absence of any contractual obligation on his part, a husband may be held liable to pay for necessary items purchased on credit by his wife. In an action for recovery of the value of necessaries supplied on credit to a wife, it is essential for the plaintiff-creditor to prove either that the husband has failed, refused or neglected to provide the items which have been supplied by the plaintiff-creditor, or that the items supplied were reasonably needed by the wife or the family. [...]

Written by Nymatlaw

July 14th, 2009

McGuire v. McGuire – Support and Maintenance

A wife may not seek a bill in equity to compel a husband to pay support and maintenance while the couple is still living together without asking for a divorce. To maintain an action in equity the parties must be separated or living apart from each other. [...]

Written by Nymatlaw

July 13th, 2009

Boggs v. Boggs – Retirement Benefits – ERISA

The federal ERISA statute supersedes state laws relating to employee benefit plans. The ERISA act states very clearly that it shall supersede any and all state laws insofar as they relate to any employee benefit plan. [...]

Written by Nymatlaw

July 10th, 2009

Borough of Glassboro v. Vallorosi – Legal Definition of “Family”

The standard of what constitutes a single housekeeping unit must be functional and hence capable of being satisfied by either related or unrelated persons. The students ate together and shared household chores and paid expenses from a common fund. [...]

Written by Nymatlaw

July 9th, 2009

City of Ladue v. Horn – Legal Definition of "Family"

A man and a woman living together and sharing certain pleasures and responsibilities does not per se constitute a family. To have a family relationship there must be a commitment to a permanent relationship and a perceived reciprocal obligation to support and care for each other. [...]

Written by Nymatlaw

July 9th, 2009

Braschi v. Stahl Associates Co. – Gay Rights

The term “family” in the rent control provisions includes same sex life partners. A family includes two adult lifetime partners whose relationship is long term and characterized by an emotional and financial commitment and interdependence. [...]

Written by Nymatlaw

July 8th, 2009

In re Marriage of Greenlaw – Child Custody – Jurisdiction

A state has continuing jurisdiction to modify its own custody orders after a child and custodial parent have established residence in another state, provided the child has continuing contacts with the state that are more than slight, and one of the parents remains in the state. [...]

Written by Nymatlaw

June 30th, 2009