Nymatlaw – Divorce Law and Family Law Home




Archive for the ‘Family Rights’ Category

Care and Protection of Beth – Persistent Vegetative State

A judge may rule on substituted judgment on a minor child who was less then three months old when she entered a vegetative state and who is now five and half years old.

Written by Nymatlaw

May 25th, 2009

Commonwealth v. Twitchell – Compulsory Medical Treatment

The Twitchells argued that the spiritual treatment provision of the Massachusetts statute bars a charge of involuntary manslaughter against a parent who relies on spiritual treatment and who does not seek medical attention for his or her child, even if the failure to seek medical treatment would otherwise be wanton or reckless conduct.

Written by Nymatlaw

May 25th, 2009

In re Nikolas E. – AIDS – Compulsory Medical Treatment

A threat of serious injury to a minor child must be imminent before the state can take over custody to proscribe medical treatment. The trial court found that the mother’s wait and see attitude regarding Nicholas’s treatment was reasonable. [...]

Written by Nymatlaw

May 24th, 2009

In re Sumey – Crisis Intervention

A state may authorize residential placement of a child outside the parental home without a finding that the parents are unfit. The parent’s have a right to care, custody and companionship from their children. The state has a right as parens patriae to protect the mental and physical health of a child. [...]

Written by Nymatlaw

May 24th, 2009

In re Thomas C. – Emancipation of a Minor

The fact that a minor refuses to attend school, get a job, or follow house rules is not good cause for emancipation of a minor. Thomas cannot legally be compelled to attend school or to obey household rules but under the law his parents are still obligated to support and shelter him.

Written by Nymatlaw

May 23rd, 2009

In the Interest of R.C. – Sperm Donor

Unless there is a prior agreement to share in the parenting of the child, a known semen donor to an unmarried woman does not have parental rights in a child subsequently born from artificial insemination. The court held that under these facts the statute in question is ambiguous with respect to the rights and duties of known donors and unmarried recipients.

Written by Nymatlaw

May 23rd, 2009

In re Adoption of Anthony – Adoption

An open adoption is permitted if it is in the best interests of the child. The court held that although open adoptions are not specifically authorized by statute, there was legal precedent to support the power of the court to order such arrangements if they are in the best interests of the child. [...]

Written by Nymatlaw

May 23rd, 2009

In re Adoptions of B.L.V.B. and E.L.V.B. – Adoption

An adoptive parent need not give up her parental rights if she permits another life partner to adopt her present children. The court held that when the state statute is read as a whole its is clear that its general purpose is to clarify and protect the legal rights of the adopted person at the time the adoption is complete, rather than to bar adoptions by certain types of couples. [...]

Written by Nymatlaw

May 22nd, 2009

Reisman v. Tennessee Department of Human Services

Race is a factor to consider in the adoption of children. Children of mixed heritage must be classified as biracial by the department and their adoptions must take into account their mixed heritage background and the willingness of the adoptive parents to nurture that child in the proper environment.

Written by Nymatlaw

May 21st, 2009

In re B.B.R. – Adoption – Child Custody

Under the Parental Kidnapping Prevention Act, jurisdiction for a child who does not have a home state is determined by who files their suit first and whether that person and the child have significant contacts within that state. Marita filed her lawsuit first and met the requirements of the PKPA for a child that does not have a home state. [...]

Written by Nymatlaw

May 21st, 2009