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Archive for the ‘Family Rights’ Category

Diaz v. Eli Lilly & Co. – Loss of Consortium

A wife has a cause of action for loss of consortium from injuries suffered by her spouse caused by the negligence of a third party. The common law allowed for recovery for a spouse for loss of consortium for intentional invasions of the marital relationship.

Written by Nymatlaw

June 4th, 2009

Romeo v. Romeo – Workers' Compensation

A contract between spouses even for employment is not void and unenforceable if enforcement will not affect marital harmony. The Court held that the relevant statute does not establish a substantive rule on the capacity of spouses to contract with one another.

Written by Nymatlaw

June 3rd, 2009

Smith v. Organization of Foster Families for Equality & Reform – Foster Care

Foster parents do not obtain a constitutionally protected liberty interest when foster children are in their care for over one year. Most decisions treating the relation between parent and child have stressed the importance of biological relationships. [...]

Written by Nymatlaw

June 3rd, 2009

New Jersey Div. of Youth and Family Services v. A.W.

Financial and economic considerations are not to be considered when the state must determine termination of parental rights for parents with uneven track records. The appropriate standard is to determine what is in the best interests of the child.

Written by Nymatlaw

June 2nd, 2009

In re K.F. – Termination of Parental Rights

Severe mental illness alone is enough of a reason to terminate a mother child relationship. The mother has a severe form of schizophrenia and is unable to recognize or have insight into the symptoms and to seek aid when necessary. [...]

Written by Nymatlaw

June 1st, 2009

In Interest of K.C.C., K.M.C., and K.J.C. – Termination of Parental Rights

Clear and convincing proof must be shown by the state to terminate parental rights. As for the father, the record reveals noncompliance based on financial circumstances. [...]

Written by Nymatlaw

June 1st, 2009

Commonwealth v. Raposo – Parental Duty to Protect

An omission by a parent to act to protect her minor children does not infer an intent to bring about a crime such that the parent is guilty of being an accessory before the fact. The state argues that the mother had a common law duty to protect her child from harm and that her failure to take reasonable steps to fulfill that duty was an omission sufficient to make her liable as an accessory. [...]

Written by Nymatlaw

May 28th, 2009

Emancipation of Minors

Emancipation is the relinquishment or giving up of parental control over the child, and conferring on the child the right to his or her own earnings and terminating the parent’s legal obligation to support the child. The Mississippi statute governing the status of emancipated minors states that the parent’s duty to support the child terminates upon the emancipation of the child. [...]

Written by Nymatlaw

May 27th, 2009

Villareal v. State Dept. of Transportation – Loss of Parental Consortium

Society has increased recognition and awareness of children as persons with rights. The United States Supreme Court has recognized the right of children to due process and equal protection. [...]

Written by Nymatlaw

May 26th, 2009

Parham v. J.R. – Voluntary Commitment to Psychiatric Hospitals

Parham v. J.R. 442 U.S. 584, 99 S.Ct. 2493, 61 L.Ed.2d 101 (1979).
NATURE OF THE CASE: This lawsuit involved a due process dispute over mental health care for a minor child.
FACTS: J.L. (P) was a minor child undergoing treatment in a Georgia state mental health hospital. P was part of a class action suit under [...]

Written by Nymatlaw

May 26th, 2009