Hewitt v. Hewitt – Common Law Marriage
Whether or not Victoria Hewitt’s cause of action should be permitted is a question involving complex public policy considerations with compelling arguments on both sides. It is for the legislature to bring these changes about and not the courts. [...]
Wood v. McGrath, North, Mullin & Kratz, P.C. – Divorce – Legal Malpractice
In presenting a client with a settlement offer, an attorney has a duty to inform the client of possible options when the law relating to a relevant issue is unsettled. Lawyers must advise clients with respect to settlements with the same knowledge and diligence with which they pursue all other legal tasks. [...]
Kendall v. Kendall – Child Custody – Religion
There must be a finding of substantial harm to a child by clear and convincing evidence before a court may restrict religious indoctrination by parents of different persuasions. A court need not wait for a formal psychiatric breakdown of a child to determine that the burden of proof in a finding of substantial harm has been met. [...]
Palmore v. Sidoti – Child Custody – Multiracial Household
The best interest of the child standard in resolving child custody disputes cannot include race as a factor without violating the due process prohibition against racial classifications in government regulation. The Court will always strike down a state activity under the Fourteenth Amendment Due Process Clause if it infringes the rights of racial group recognized as a constitutional suspect class by the Fifth Amendment unless the state can show that the statute is rationally related to a legitimate end of government. [...]
In re Marriage of Francis – Child Custody
A change in residential custody must be determined under the endangerment standard. There is a presumption that a custodial parent’s choice to move children should generally be allowed. [...]
Renaud v. Renaud – Child Custody – Visitation Rights
A court may award custody of a child to a parent if it is shown that that parent will attempt to destroy the child’s relationship with the noncustodial parent. The most important consideration in any custody decision is the best interests of the child. [...]
Rodrigue v. Brewer – Child Custody – Joint Custody
It is not a clear abuse of discretion for a trial court to disregard expert testimony. The mother complains that it is not in the child’s best interests for his primary residence to alternate monthly between bilingual households. [...]
In re Marriage of Kovacs – Child Custody
There is no rebuttable presumption in favor of the placement of children with the primary caregiver absent proof that the primary caregiver has harmed the children in any way. The Parenting Act of 1987 requires consideration of seven factors and provides that the child’s relationship with each parent be the factor given the greatest weight in determining the permanent residential placement. [...]
State v. Vakilzaden – Child Abduction – Custodial Interference
A joint custodian of a child can be liable for child abduction. A joint custodian should not be immune from criminal prosecution based solely on his or her status as joint custodian if the state can prove all elements of the custodial interference statute including both knowledge and intent beyond a reasonable doubt. [...]
Blondin v. Dubois – Child Custody – International Law
A court must consider protective measures in the foreign country if it is determined that there is a grave risk to a child to be returned to that country under the Hague Convention. The Convention requires that any debate on the custody rights issue should take place before the competent authorities in the country of the child’s habitual residence prior to removal. [...]