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Family Law Overview

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Family law generally concerns domestic relations and family-related matters such as marriage, civil unions, domestic partnerships, adoptions, paternity, guardianships, domestic abuse, surrogacy, child custody, child abduction, the dissolution of marriage and associated issues. According to U.S. Census data the make-up of the American family has been changing. For instance, the 2000 Census revealed that less than a quarter of American families are married couples with minor children compared with 45% of such households in 1960.

A large percentage of marriages end in separation or divorce. When a couple decides to terminate their marriage, one of the parties will petition the court for a divorce. Besides seeking a legal termination of the relationship, the couple will also ask the court to divide the marital assets, grant child custody to one or both parents, and impose child and spousal support obligations, if applicable.

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Premarital Agreements

Generally, courts will either apply community property laws or equitable distribution laws when dividing marital property, depending on whether the court sits in a community property or equitable distribution state. In community property states, a court will divide community property 50/50 between the couple. In an equitable distribution states, a court will divide marital property equitably, which may or may not be 50/50. Some complexities may arise if the couple hold marital property in a number of states. The court will then have to determine which property division laws apply to each piece of property.

For couples who wish to establish their own property division rules, they may set-up their own formula within a premarital agreement. Premarital agreements are also known as prenuptial agreements or antenuptial agreements, and are entered into by couples in anticipation of marriage. Couples who wish to manage their assets separately, who wish to provide for children from a prior marriage, or possess significantly different levels of assets or income commonly structure their financial affairs in a premarital agreement.

While a premarital agreement may be used to determine how marital assets will be divided should a couple divorce, a court will not uphold an agreement that violates public policy, such as an arrangement that limits child support, custody or visitation rights, and certain requirements must be met in order for a prenuptial agreement to be found valid..

Child Custody, Visitation and Child Support

Courts generally prefer to grant legal and physical custody over any children from a marriage to both parents. Legal custody means a parent has the right to make significant life decisions, such as those concerning education, health and religion, for the child. Physical custody means a parent has a right to the child living in the parent's home. In cases where a court awards a parent sole physical custody, it may also award the non-custodial parent visitation rights.

To calculate child support payments, courts will look at the factors outlined within the state's child support laws. These may include each parent's income, whether one parent is paying alimony to another, the child custody arrangements, any health, medical or educational expenses, and the parent's standard of living.

The Full Faith and Credit Given to Child Custody Determinations Act (28 U.S.C. § 1738A) ensures that the child custody ruling of a court in one state will be upheld by another state.

Divorce Mediation

While a divorce may be a stressful time for the parties involved, the parties do not have to allow the stress or any lingering bitterness towards the ex-spouse to poison the divorce process. If the parties are able to negotiate in good faith, mediation may represent a more civil, less expensive and less adversarial way to divide the marital assets, resolve any child custody issues and settle on child and spousal support amounts. In such an instance, a neutral mediator can work with the parties, as well as their attorneys, to structure a settlement that is acceptable to all parties.

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Featured Cases

Uzamere v. Bush, et al
Plaintiff Cheryl D. Uzamere alleges that Defendants government officials failed to act on her report that her husband Ehigie Edobor a/k/a Godwin Uzamere entered into a sham marriage with her and committed bigamy by marrying another woman at the same time.
New York Eastern District Court
Plaintiff
Filed: February 22, 2008
Plaintiff: Cheryl D. Uzamere Defendant: George W. Bush, Condoleeza Rice, Michael Mukasey, Michael Chertoff, Dr. Emilio T. Gonzalez and others...
Last Docket Report Change Found: April 25, 2008

(April 24, 2008)

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Legislation

Bill Introduced: S.2787 Military Construction Authorization Act for Fiscal Year 2009
A bill to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2009, and for other purposes.

(March 29, 2008)
Bill Introduced: S.Con.Res.70 Budget resolution FY2009
An original concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2009 and including the appropriate budgetary levels for fiscal years 2008 and 2010 through 2013.

(March 5, 2008)
Bill Introduced: H.Con.Res.312 Budget resolution FY2009
Revising the congressional budget for the United States Government for fiscal year 2008, establishing the congressional budget for the United States Government for fiscal year 2009, and setting forth appropriate budgetary levels for fiscal years 2010 through 2013.

(March 5, 2008)
Bill Signed by President: H.R.4986 National Defense Authorization Act for Fiscal Year 2008
To provide for the enactment of the National Defense Authorization Act for Fiscal Year 2008, as previously enrolled, with certain modifications to address the foreign sovereign immunities provisions of title 28, United States Code, with respect to the attachment of property in certain judgements against Iraq, the lapse of statutory authorities for the payment of bonuses, special pays, and similar benefits for members of the uniformed services, and for other purposes.

January 28, 2008: Signed by President.
(January 26, 2008)
Bill Enacted: H.R.2640 NICS Improvement Amendments Act of 2007
To improve the National Instant Criminal Background Check System, and for other purposes.

January 08, 2008: Became Public Law No: 110-180.
(January 6, 2008)

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Regulations

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Government

Notice - Privacy Act: Systems of records
Child Support Enforcement Office
Notice
Privacy Act:
Systems of records,
21200-21203 [05-8214]
DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) Office of Child Support Enforcement Privacy Act of 1974; Amended System of Records AGENCY: Office of Child Support Enforcement, ACF, HHS. ACTION: Notice of amended system of records. SUMMARY: In accordance with the requirement of the Privacy Act of 1974 (5 U.S.C. 552a), the Office of Child Support Enforcement (OCSE) is publishing notice of its amendment of its systems of records entitled ``The Location and Collection System'', No. 09-90-0074. DATES:... [read document]
View Document | Download PDF

(April 24, 2005)

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Articles

Opportunity and Choice in Social Networks
FEEM Working Paper No. 24.2008 Paolo Pin , Silvio Franz and Matteo Marsili University of Venice - Department of Economics , The Abdus Salam International Centre for Theoretical Physics and Istituto Nazionale Fisica della Materia (INFM) Date Posted: May 9, 2008 Last Revised: May 9, 2008
(May 8, 2008)
Family Transitions and Child Well-Being: Evidence from Adolescents
Yuping Tsai Boston University - Department of Economics Date Posted: April 28, 2008 Last Revised: May 8, 2008
(May 7, 2008)
The Right's Reasons: Constitutional Conflict and the Spread of Woman-Protective Antiabortion ...
Duke Law Journal, Forthcoming Reva Siegel Yale Law School Date Posted: April 16, 2008 Last Revised: May 8, 2008
(May 7, 2008)
Keeping Women in Business (and Family)
Robin Fretwell Wilson Washington and Lee University - School of Law Date Posted: April 2, 2008 Last Revised: May 7, 2008
(May 6, 2008)
Children's and Parents' Perceptions of Children's Participation in Decision-Making After ...
Family Court Review, Vol. 46, No. 1, pp. 91-104, 2008, Sydney Law School Research Paper No. 08/48 Judith Cashmore and Patrick Parkinson University of Sydney - Faculty of Law and University of Sydney Law School Date Posted: May 5, 2008 Last Revised: May 7, 2008
(May 6, 2008)

WBT
McGreeveys settle on child custody
Philadelphia Inquirer, PA - 6 hours ago
Stephen P. Haller, lawyer for the former governor, said his client was "delighted" with the custody agreement. "But the issues that remain are markedly ...
McGreeveys Reach Deal on Custody of Daughter New York Times
McGreeveys' trial is fight about child custody, money The Star-Ledger - NJ.com
National news in brief Washington Blade
The Associated Press - Philadelphia Inquirer all 734 news articles

(May 8, 2008)
Utah, Ariz. Prosecutors Vow Not to Raid Polygamists
NPR - 26 minutes ago
Each child has been appointed an attorney; lawyers from across the state offered their services free of charge. A domestic violence shelter got a call in ...

(May 8, 2008)
Tulalip Tribes to collect child support
HeraldNet, WA - 6 hours ago
By Krista J. Kapralos The Tulalip Tribes plan to begin collecting child support on behalf of tribal children next year. When they do, even parents who are ...

(May 8, 2008)
Five running for position as family court judge
Times-West Virginian, WV - 4 hours ago
Background information: Has served as Family Law Master and family court judge since 1986; prior to 1986 was an assistant prosecuting attorney for Marion ...

(May 8, 2008)
Now Magazine Online
Britney granted more time with sons
The Press Association - 1 hour ago
Britney Spears will be allowed expanded visits with her two young sons following a low-key child-custody hearing in Los Angeles. ...
Spears, Federline Arrive For Child Custody Hearing KNBC.com
K-Fed lawyer: Spears' expanded visits recognize 'progress' The Associated Press
Spears to see more of her two children London Free Press
KESQ - eFluxMedia all 1,388 news articles

(May 8, 2008)

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Blog Posts

The people behind the bar
Although the details of how and why are yet to emerge, the news about Mark Saunders' death is quite shocking for those of us at the family bar, which is a relatively small community. However, I don't intend to speculate about what has happened - it is undoubtedly a very private tragedy for both Mark Saunders, [...]
(May 8, 2008)
Gaskill v. Robbins Ky Supreme Court Oral Arguments Set June 11, 2008
Having access to case status throughout the pipeline is enabling lawyers to be better advocates. How? Well, if you represent a physician, do you think you want to try that case before Gaskill v. Robbins is decided? And, if you must mediate or try your case before then, perhaps the oral arguments may help you get a feel for where the law is headed. On June 8, 2008 at 10am the Kentucky Supreme Court will hear oral arguments in Gaskill v. Robbins. We have posted about this case involving business...
(May 7, 2008)
At the offices of Copland, Shostakovich and Bach
As a tribute to the late Miles Kington, The Independent has been reproducing some of his writing. With its relevance to the subject of this blog, this column, republished today, amused me.
(May 7, 2008)
Mississippi man jailed for failing to pay child support
Kosciusko man going to jail for not paying child support A Kosciusko, Mississippi man was sentenced to 10 years in prison and ordered to pay $68,215.87 in back child support. According to the article, he will serve 2 of the 10 years in prison for failing to pay the child support. The Mississippi attorney general's office prosecuted the case. It is good to see Mississippi in the news prosecuting those who fail to uphold their financial responsibilities to their children.
(May 7, 2008)
UK Family Law Blogs
Family Lore has published UK Family Law Blog Review. I say it is a good place to start for learning about UK family law blogs.
(May 7, 2008)

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