Family

Blog Posts

  • Prior Convictions Are an Element of Felony Shoplifting in Arizona Law July 22, 2017 Prior convictions are an element of the crime of felony shoplifting in Arizona law; shoplifting priors are not sentencing enhancements therefore bifurcating the trial was not required. Arizona v. Lara Prior conviction is an element of the crime of…
  • Changing a Transgender Child's Name in New Jersey July 22, 2017 The court in Sacklow v Betts very recently encountered the issue of a legal name change in NJ for a transgender child. In this case, the Plaintiff (Sacklow) petitioned the court to change their only child's name from Veronica Betts to Trevor Adam…
  • Strange Prenups Can Form the Basis of Hollywood Marriages July 22, 2017 Being married in the glittering Hollywood is not the same thing as being married elsewhere. Apparently, celebrity spouses have more terms to agree with in the event of separation and divorce. Prenuptial agreements are a common phenomenon in Hollywood…
  • Penn State Child Sex Abuse Admins Surrender for Jail Sentence July 22, 2017 From The Los Angeles Times: Two former high-ranking Penn State administrators surrendered Saturday morning to serve jail sentences for how they responded to a 2001 complaint about Jerry Sandusky showering with a boy. Former university Vice President…
  • New Jersey Family Court Addresses Jurisdiction Dispute in Post-Judgment Custody and Parenting Time Dispute July 21, 2017 Earlier this month, a March, 2017 written opinion by family court judge the Honorable Russell J. Passomano, J.S.C. was approved for publication in the matter of BG-v-LH (FM-07-468-13). In this published opinion the court addressed issues of…
  • What mistakes should I avoid with co-parenting? July 21, 2017 Many separating couples who have children together in Kentucky believe the hardest part of their separations is moving on. Even though their relationships with each other did not work out, they still have a commitment to their kids. Co-parenting is…
  • Taiwan women seeks divorce over no response to her text messages July 21, 2017 Have you ever ignored your spouse's text messages? Be warned: it could be used against you in court. A woman in Taiwan has been granted a divorce, using the "Read" indicators on the Line messages she had sent to her husband as proof that he had been…
  • Appeals Court Upholds 50-50 Timesharing for North Florida Parents of Six-Year-Old Despite Mom's Vigorous Opposition July 21, 2017 In a recent child custody and timesharing case, the mother, who had lost in the trial court, lost again on appeal. The First District Court of Appeal did not conclude that the mother was blatantly or egregiously wrong in her arguments; instead, the…
  • Wisconsin Court Determines that Husband Cannot Intentionally Destroy Assets to Reduce Child Support Payments July 21, 2017 Determining child support payments in Wisconsin can be a complicated calculus, one that requires special consideration of the placement of the children, the income of both parents, their likely future income, and any other types of special…
  • Foreman & Caraciolo, P.C. in the news July 21, 2017 Joseph Caraciolo, Esquire of Foreman & Caraciolo, P.C. was featured in a video and article by Erika Shych of CBS 21 News on July 20, 2017. The focus of the media coverage was related to the recent Pennsylvania Supreme Court holding that SORNA…
  • Zealous Advocacy or Abuse of Process? July 21, 2017 This week two Vancouver lawyers were excoriated by a Supreme Court Justice because of the tactics they employed in a case involving the proposed adoption of a young Metis child, referred to as SS. (A.S. v. British Columbia (Director Of Child, Family…
  • Establishing Credibility in Plaintiff's Opening Statement July 21, 2017 In a personal injury case, plaintiff's counsel should approach the opening statement to the jury with one primary goal: establishing credibility. If the jury believes you, it will be much more likely to rule for your client. Here's a sample opening…
  • Funeral expenses from the Estate July 21, 2017 Dear Carolyn: My wife and I have been married almost two years. Recently, and unfortunately, her grandmother passed away. Her grandmother had no immediate means to pay for funeral and burial services. The costs were paid by my wife and me on our…
  • How Is Legal Separation Different From A Divorce? July 21, 2017 Legal separation is the formal process of confirming an actual separation of the parties, as opposed to filing for divorce. Parties that chose legal separation do so for religious reasons, do not believe in divorce, or have concerns about medical…
  • Photo of the Week: Smoky Mountain Cub July 21, 2017 Information provided by K.O. Herston: Knoxville, Tennessee Divorce and Family-Law Attorney.Filed under: Photography Tagged: Great Smoky Mountains National Park, Photography, Wildlife Photography
  • Careers and Divorce Rate July 21, 2017 From Marketwatch: Marriage problems are more likely for people in some career paths than others. Workers in certain fields are seeing higher divorce rates by age 30, a new analysis of U.S. Census Data from career website Zippia found. The...
  • Can I Be Removed From the Child Abuse Registry? July 21, 2017 The Central Registry New Jersey's child welfare agency (DCP&P) maintains a central registry of cases of child abuse and neglect. The list includes the names of individuals against whom the DCP&P has made a substantiated finding of abuse or…
  • Will a Virginia court reduce spousal support payments due to a downturn in the real estate business? July 21, 2017 Will a Virginia court reduce spousal support payments due to a downturn in the real estate business? It depends upon the circumstances and the factual findings regarding the reductions. In Hardy v. Hardy, File No. 02-83, the Circuit Court for the…
  • The old, the new, and the Scottish July 20, 2017 My posts this week on Marilyn Stowe's Family Law & Divorce Blog included another couple of old cases, a Scottish pension sharing case and some thoughts as to why so many are dissatisfied with their experience of the family justice system:Robust…
  • Child Support Arrearages and Collection July 20, 2017 It is decidedly common for a noncustodial parent to be dissatisfied about the amount of child support that a court has ordered them to pay. However, this does not excuse them from paying it, even while a modification may be pending. If you are owed…