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CALIFORNIA

– Alimony, reinvested business funds not part of obligor income (Cal. Ct. App.), 1483
– Attorneys' fees, English domestic relations court order award not enforceable under Uniform Foreign Money-Judgments Recognition Act (Cal. Ct. App.), 1580
– Attorneys, public law center not disqualified from successive representation of parent and child (Cal.), 1016
– Child abuse, state database of known or suspected abusers violates due process (9th Cir.), 1031; (U.S., rev sought), 1575
– Child support

– – Calculation, remarried obligor, consideration of community income of subsequent spouse improper (Cal. Ct. App.), 1562
– – Deferred salary considered earned, lower support payments not warranted (Cal. Ct. App.), 1148
– – Exemption for child who commits crime against person liable for support, father not entitled re son removed to foster care after molesting half-sisters (Cal. Ct. App.), 1488
– – Gifts, recurrent payments to obligor included in gross income (Cal. Ct. App.), 1195
– – Legal fees paid by Native American father's tribe cannot be included in income (Cal. Ct. App.), 1449
– – Reduction of payments, parental pact barring downward modification not binding (Cal. Ct. App.), 1195

– Custody

– – Continuing exclusive jurisdiction, judicial determination required to divest (Cal. Ct. App.), **1462
– – Dispute with parent, nonparent custody law upheld despite no parental unfitness requirement (Cal. Ct. App.), 1328
– – Education, strict scrutiny inapplicable to parental dispute over choice of child's school (Cal. Ct. App.), **1370
– – Jurisdiction over child born out of state, dependency court's emergency authority became permanent authority (Cal. Ct. App.), 1117

– Deceased man's daughter lacks standing to seek annulment of his marriage to caregiver (Cal. Ct. App.), 1546
– Dependency

– – Adoption-related orders entered during dependency action are appealable (Cal.), 1344
– – Psychotherapist-patient privilege, GAL may assert when disclosure of private material is sought (Cal. Ct. App.), 1393

– Domestic violence

– – E-mail, man who accessed ex-wife's account may have committed abuse (Cal. Ct. App.), 1327
– – Elder abuse, protective order may be issued based on past acts under state law (Cal. Ct. App.), 1406

– Family support, Cal. jurisdiction ceded by court-approved stipulation that Or. assume authority (Or. Ct. App.), 1292
– Hague Convention, well-settled analysis unaffected by illegal immigration status of child (9th Cir.), 1234
– Insurance

– – Foster child, county need not pay car insurance (Cal.), 1140
– – Health insurance, negligence claim against plan for disclosing address to former spouse not preempted by ERISA (C.D. Cal.), 1319
– – Life insurance benefits, ex-wife trumps widow given failure to change beneficiary designation (U.S., rev sought), 1107; (rev den), 1143

– Intestate succession, father may inherit from son despite abandoning child before birth (Cal. Ct. App.), 1106
– Native Americans

– – Dependency proceedings, failure to comply with ICWA notice requirements does not require reversal after child reaches majority (Cal. Ct. App.), 1490
– – Notice provisions of ICWA apply to children of man adopted by Native Americans (Cal. Ct. App.), 1473
– – Potential eligibility of child for tribal membership requires ICWA compliance in dependency matter (Cal. Ct. App.), 1189

– Parentage

– – Adoption, correction of birth certificate to show Native American ancestry (Cal. Ct. App.), 1454
– – Declaration of paternity trumps UPA rebuttable presumption of paternity (Cal. Ct. App.), 1388
– – Genetic testing disestablishing parentage lacking, default judgment of paternity improperly vacated (Cal. Ct. App.), 1057
– – Receiving child into home, presumed parent clause in UPA has no durational limit on (Cal. Ct. App.), 1387

– Pension/retirement benefits

– – Nunc pro tunc QDRO improperly entered 20 years after divorce of deceased pension plan participant (Cal. Ct. App.), 1271
– – Stepdaughter, designation as beneficiary of 401(k) plan not revoked upon divorce (Cal. Ct. App.), 1103

– Property division

– – Disability benefits, payments from private policy bought before marriage are separate property (Cal. Ct. App.), 1247
– – Marital home, community property presumption trumped since home titled solely in wife's name (Cal. Ct. App.), 1090
– – Oral agreement, post-separation pact invalid since no in-court stipulation (Cal. Ct. App.), 1239

– Same-sex marriage, ban approved by voters, 1023; ban upheld, no retroactive effect (Cal.), 1339
– Wills and estates

– – Donative transfers to caregiver/wife, deceased man's daughter loses bid to set aside (Cal. Ct. App.), 1546
– – Surrogacy contract claim against deceased father's Tex. estate by children born as result of Cal. pact is governed by Cal. limitations period (Cal. Ct. App.), 1358

CHILD

– Abduction

See CHILD ABDUCTION; HAGUE CONVENTION

– Abuse/neglect

See CHILD ABUSE

– Adult

See ADULT CHILDREN

– Children's interests

See BEST INTERESTS OF CHILD

– Custody

See CUSTODY; CUSTODY JURISDICTION

– Dependent children

See DEPENDENCY

– Foster care

See FOSTER CARE

– Nonmarital

See OUT-OF-WEDLOCK CHILDREN; PATERNITY

– Support

See CHILD SUPPORT
– – Arrearages

See CHILD SUPPORT ARREARAGES

– – Attorneys

See ATTORNEYS

– – Calculation

See CHILD SUPPORT CALCULATION

– – Incarcerated obligors

See PRISONS AND JAILS

– – Jurisdiction

See CHILD SUPPORT JURISDICTION

– – Paternity

See PATERNITY

– – Social Security benefits

See SOCIAL SECURITY

– Visitation

See VISITATION

CHILD ABDUCTION

– Adverse custody order, fugitive dismissal rule bars absconding mother's appeal (N.D.), **1039
– Hague Convention

See HAGUE CONVENTION

– Shared right of paternal authority, father's petition to return child to Poland improperly dismissed (N.D. Ill.), 1478

CHILD ABUSE

See also DEPENDENCY
– Attorney-client privilege, lawyer in juvenile care and protection matter need not testify about client's threats to harm third parties (Mass.), 1284
– Child support exemption for child who commits crime against person liable for support, father not entitled re son removed to foster care after molesting half-sisters (Cal. Ct. App.), 1488
– CHINS/CINA matters

See CHILD IN NEED OF PROTECTION OR SERVICES (CHIPS)

– Corporal punishment

– – Biting and scratching child is excessive punishment by mother (Ill. App. Ct.), 1248
– – Hague Convention, disciplinary spankings by parent not grave risk but undertakings imposed after return of children (S.D. Fla.), 1113
– – Spanking child with spoon, 5-year protection order properly entered against divorced mother (Ohio Ct. App.), 1346

– Custody award by juvenile court, best interests test controls in child protective matter (Mich. Ct. App.), 1305
– Immigration and Nationality Act deportation provisions, conviction for misdemeanor child endangerment re drunk driving with children in car not crime of child abuse (9th Cir.), 1486
– Immunization of neglected children in foster care, mother's religion-based opposition upheld (N.Y. Fam. Ct.), 1152
– Native Americans, appeal not barred despite failure to raise ICWA challenge in neglect matter (N.M. Ct. App.), 1317
– Nonparty absentee father planning to remove child from state, placement with improper under Interstate Compact for the Placement of Children (N.Y. App. Div.), **1561
– Parental rights loss, order improperly based on same evidence found insufficient for neglect finding under adoption code (Mo. Ct. App.), 1154
– Placement of neglected child with out-of-state parent, ICPC applies (N.Y. Fam. Ct.), 1129
– Prenatal injuries to fetus, conviction for abuse resulting in death unsupported (N.M. Ct. App.), **1008
– Reporting duty, physician need not report suspected abuse by minor sibling (2d Cir.), 1043
– Sentencing, lifetime ban on contact between stepchildren's sexual abuser and wife upheld (Wash.), 1055
– State database of known or suspected abusers, due process violation (9th Cir.), 1031; (U.S., rev sought), 1575
– Substance abuse, contempt finding improper despite parents appearing at hearing while on cocaine (Okla.), 1094

CHILD IN NEED OF PROTECTION OR SERVICES (CHIPS)

– Appeals, order in CINA case shifting custody entitled to interlocutory review (Md.), 1186
– Competency to stand trial, rights of juvenile after claim of incompetence in CHINS matter (N.H.), 1190
– Custody jurisdiction, court exercising emergency authority over CINA matter properly considered parental rights loss petition (Iowa Ct. App.), 1332
– Native Americans

– – CINA proceeding, trial court need not make removal findings under ICWA to extend state custody of child pending efforts to reunite with mother (Alaska), 1515
– – Mother in CINA action may revoke “Indian custodian” status given to father after termination of his parental rights (Alaska), 1274

CHILD SUPPORT

– Abatement for summer parenting time improper (Ind. Ct. App.), 1549
– Arrearages

See CHILD SUPPORT ARREARAGES

– Attorneys

See ATTORNEYS

– Calculation

See CHILD SUPPORT CALCULATION

– Court-approved agreement, unwed mother may seek to modify 1992 pact (N.Y. App. Div.), 1249
– Custody modification, consideration of father's support obligation improper (N.D.), 1501
– Delinquent parent, law limiting ability to modify custody valid (Mo.), 1459
– Disabled obligors/children

See DISABLED PERSONS

– Donated sperm, man inseminating wife owes support despite conception process not in conformity with state law (Or. Ct. App.), 1381
– Education costs

See EDUCATION

– Exemption for child who commits crime against person liable for support, father not entitled re son removed to foster care after molesting half-sisters (Cal. Ct. App.), 1488
– Extra support, pact to pay not modifiable (Mich. Ct. App.), 1075
– Grounds for modification, existence at time of prior hearing does not bar later change request (Neb.), 1212
– High-income MLB player, standard of living of nonmarital child based on lifestyle of intact family (Ariz. Ct. App.), 1467
– Incarcerated obligors

See PRISONS AND JAILS

– Jurisdiction

See CHILD SUPPORT JURISDICTION

– Jury trial, right to (U.S., rev sought), 1299; (rev den), 1383
– Legal fees paid by Native American father's tribe cannot be included in income (Cal. Ct. App.), 1449
– Life insurance for parents

– – Constructive trust on policy proceeds, obligee not entitled despite obligor's breach of pact to maintain policy for child (Or. Ct. App.), 1270
– – Custodial parent must maintain policy despite having sole custody (Minn. Ct. App.), **1082
– – Obligor properly ordered to obtain policy to cover support duty (Fla. Dist. Ct. App.), 1080

– Medical expenses

– – Birth-related expenses paid by Medicaid, adjudicated father must reimburse state despite age of child (Tenn. Ct. App.), 1094
– – Savings account for children, obligor failing to deposit money must pay mother (Tenn. Ct. App.), 1093

– Modification

– – Divorced mother's payments, use of shared custody worksheet after father's income increased improper (S.C.), 1429
– – Emancipation of oldest child, retroactive decrease in obligor payments to reflect proper (Miss. Ct. App.), 1562
– – Family support order, denial of downward modification improper (Wis. Ct. App.), 1440
– – Mediated agreement, Temporary Assistance for Needy Families benefits (Me.), 1452
– – Past income of involuntarily unemployed father improperly imputed as earning potential (Ill. App. Ct.), 1572
– – Poor relationship with parent, support decrease improperly based on (Wyo.), 1297
– – Reduction of payments, parental pact barring downward modification not binding (Cal. Ct. App.), 1195
– – Suspension of obligation proper during reconciliation period for unmarried parents (La. Ct. App.), 1562

– Overpayment by obligor

– – Public authority, law requiring compensation of obligor does not limit equitable power of court (Minn. Ct. App.), 1309
– – Voluntary overpayment, obligor estopped from claiming credit for (Ark. Ct. App.), 1224; judg aff (Ark.), 1525

– Parental rights loss

– – Failure to support child improper basis for terminating rights of unwed father (S.C. Ct. App.), 1178
– – Future support duty does not end with termination (Ala.), **1567
– – Prior order requiring support void (Me.), 1501

– Paternity

See PATERNITY

– Premarital pact, provision waiving legal fees invalid since applicable to child support issues (Ill. App. Ct.), **1130
– Prepayment agreement upheld despite decline in marital home value (N.Y. Sup. Ct.), 1464
– Professional athletes

– – NFL player, “share the wealth” analysis improperly applied to increase support duty (Ky. Ct. App.), 1139
– – NHL player, support duty set in pact negotiated before league lockout properly reduced (N.C. Ct. App.), 1272

– Retroactive support, award upheld as of date of petition instead of entry of contested order (Tenn. Ct. App.), 1201
– Social Security benefits

See SOCIAL SECURITY

– Taxation, no alimony deduction where child support duty unmet (T.C.), 1106
– Termination, child's 6-month period of employment did not trigger (N.Y. App. Div.), 1544
– Unincorporated separation agreement does not allow award of retroactive support (N.C. Ct. App.), 1499
– Wage garnishment, federal claim for reimbursement (U.S., rev sought), 1191; (rev den), 1203
– Wills and estates, support-paying father may inherit from intestate daughter despite lack of contact (Ohio Ct. App.), 1299
– Wrongful discharge, worker fired re withholding order may proceed with claim (Mo. Ct. App.), 1548

CHILD SUPPORT ARREARAGES

– Amount of debt, complaint for declaratory judgment states actionable claim (Ga.), 1019
– College student, FFCCSOA covers debt owed under foreign decree despite requirement to pay school expenses for same period (Wyo.), 1136
– Contempt

– – Age of majority, contempt may be used to enforce payment of debt after child reaches (D.C.), **1316
– – Burden of proof, alleged contemnor must show current inability to pay (D.C.), **1316

– Contempt hearing may be continued despite lawyer promise that payment is in mail (Conn. App. Ct.), 1405
– Custody filing by delinquent obligor, law restricting ability to seek change may be invalid (Mo.), 1150
– Driver's license not exempt “property interest” under License Suspension Act, delinquent obligor's suspension upheld (Idaho), 1261
– Federal energy employees illness program, support agency properly seized funds obligor received after death of father (Okla. Ct. App.), 1321
– Flagrant nonsupport, delinquent obligor entitled to full probation revocation hearing (Ky. Ct. App.), 1488
– Impostor posing as mediator, arrearage pact negotiated by obligor's friend properly set aside (Tenn. Ct. App.), 1153
– Incarcerated disabled obligor Social Security Disability Insurance properly subjected to withholding order (Kan. Ct. App.), 1538
– Incarcerated obligor, periods in jail properly included in calculating debt (Ind. Ct. App.), 1117
– Interest on debt, accrual begins on date support should have been paid (Ark. Ct. App.), 1223
– Lump-sum Social Security payments to children

– – Credit against disabled obligor's arrears denied (Miss. Ct. App.), **1028
– – Equity controls credit against arrears (Ark.), **1027

– Statutes of limitations

– – Forty-four-year-old son, obligor properly ordered to pay past-due support for (Ill. App. Ct.), 1211
– – Public assistance for obligor's children, state action to recoup time-barred (Ind. Ct. App.), 1019

– Title IV-D obligor, state need not seek judicial approval to withhold more from paycheck (Ind. Ct. App.), 1069
– Uniform Fraudulent Transfer Act (UFTA), obligee is “creditor” under (Ohio Ct. App.), 1381

CHILD SUPPORT CALCULATION

– Amendment to guidelines may constitute grounds for motion to modify support (Minn. Ct. App.), 1321
– Deferred salary considered earned, lower support payments not warranted (Cal. Ct. App.), 1148
– Depreciation as deductible business expense, method of calculation upheld (Kan. Ct. App.), **1248
– Income

– – Brokerage account, increased value not included until stock sold (Tenn. Ct. App.), 1381
– – Gifts, recurrent payments to obligor included in gross income (Cal. Ct. App.), 1195
– – Higher income parents, “extraordinary need” not required to exceed guidelines amount (Wash. Ct. App.), 1101
– – Loan forgiveness in lieu of bonus not obligor income (N.H.), 1488
– – Middle child, award re older child deducted, award re younger child not (N.M. Ct. App.), 1501
– – Military housing and subsistence allowances should be included (N.Y. App. Div.), **1557
– – Property division, interest paid on money owed to ex-spouse included (Alaska), 1212
– – Remarried obligor, consideration of community income of subsequent spouse improper (Cal. Ct. App.), 1562
– – Salaried father, obligation improperly calculated based on income received while self-employed (Ark. App.), 1585
– – Self-employed father's credit for unpaid taxes proper (Tex. Ct. App.), 1466
– – Social Security, disability dependent benefits are income to child (Colo. Ct. App.), **1244
– – Trusts, undistributed taxable income must be weighed (Wis. Ct. App.), 1172
– – Voluntary underemployment, guideline deviation improper when income not reduced (S.D.), **1008
– – Windfall bonus improperly excluded (Ind. Ct. App.), 1549

– IRA received in divorce, consideration of withdrawals not double counting (Ill. App. Ct.), 1094
– Joint custodians, formula used when time with child not equally split (Nev.), **1003
– Multiple Family Application applies, motion for support recalculation under guidelines is request for increase (Kan. Ct. App.), 1369
– Pendente lite order for children with expensive lifestyle proper, apartment expense reduced (N.Y. App. Div.), 1406
– Structured settlement annuity, part of payments must be included (Tex. Ct. App.), 1405
– Subchapter S firm, undistributed earnings

– – Classification as income depends on facts of case (Mass.), 1507
– – Obligor income includes full amount (Ark. Ct. App.), 1286

– Voluntary impoverishment not found despite law student parent working only during summer (Md. Ct. Spec. App.), 1064

CHILD SUPPORT JURISDICTION

– Choice of law, N.Y. law does not control after parties left state despite reference to state in settlement pact (Ohio Ct. App.), 1369
– College student, FFCCSOA covers arrears owed under foreign decree despite requirement to pay school expenses for same period (Wyo.), 1136
– Conception of child in state warrants long-arm authority over nonresident defendant (N.J. Super. Ct. App. Div.), **1280
– Confirmation hearing, failure to attend forfeited right to attack registered order under UIFSA (Kan. Ct. App.), 1579
– Continuing jurisdiction over nonresident child, FFCCSOA does not preempt UIFSA provisions (Ind.), 1496
– Court-approved stipulation that Or. assume authority, Cal. jurisdiction ceded (Or. Ct. App.), 1292
– Employer failure to comply with out-of-state income-withholding order, UIFSA dictates that penalty decided under law of employer's state (Ill.), 1352
– German court lacked personal jurisdiction over American husband/father, registration of order under UIFSA improper (Ill. App. Ct.), 1537
– Hmong cultural adoption not valid under Thai law not binding in UIFSA support action (Minn. Ct. App.), 1474
– Home state prevails where two states have continuing exclusive authority (Tex. Ct. App.), 1126
– Marital status of parents, juvenile court authority over father proper despite lack of divorce (Colo. Ct. App.), 1331
– Modification of out-of-state support order barred by UIFSA (Tenn. Ct. App.), 1104
– Out-of-state decree properly registered in state, state resident may not seek modification under UIFSA (Miss. Ct. App.), 1585
– Registered order, enforcement via lesser amount of support not UIFSA violation (Ind. Ct. App.), **1004; suit remanded to reevaluate amount ordered (Ind.), **1556
– Religious community, challenge to state order to pay member's support duty barred by Rooker-Feldman doctrine (D. Minn.), 1333
– Same-sex former partner, no family court authority to enter support and parentage orders in UIFSA action against (N.Y. App. Div.), 1342
– Servicemember obligor domiciled out of state despite apartment near in-state duty station (Ga. Ct. App.), **1032

CHILDBIRTH

See ASSISTED REPRODUCTION; PREGNANCY AND CHILDBIRTH

CHINS/CINA MATTERS

See CHILD IN NEED OF PROTECTION OR SERVICES (CHIPS)

CITIZENSHIP

See ALIENS AND CITIZENSHIP

CIVIL RIGHTS

– Foster children, no private right of action under federal adoption assistance law for claims against state officials (N.D. Okla.), 1151

CIVIL UNIONS

See SEXUAL ORIENTATION

COHABITATION

– Adoption and foster care by unmarried cohabitants, ban approved by Ark. voters, 1023
– Alimony

– – Incarcerated obligee, sharing of prison cell is cohabitation so support ended (Fla. Dist. Ct. App.), 1081
– – Living expenses of obligee covered by cohabitant, no increase in support (S.D.), 1220
– – Pre-dissolution relationship of obligee with later cohabitant properly considered, support ended (Ohio Ct. App.), 1116
– – Premarital cohabitation properly considered in setting support amount (Ga.), 1368
– – Retroactive termination of support upon discovery of obligee's cohabitation upheld (Utah Ct. App.), 1092

– Domestic violence, no standing to seek protective order against boyfriend since no cohabitation (Ky. Ct. App.), 1130
– Property division, order dividing pension benefits between unmarried cohabitants is QDRO under ERISA (9th Cir.), 1114

COLLEGES

See EDUCATION

COLORADO

– Child abduction, teenager's wishes trump valid Hague Convention claim by mother (D. Colo.), 1400
– Child support

– – Calculation, Social Security disability dependent benefits are income to child (Colo. Ct. App.), **1244
– – Jurisdiction, juvenile court authority over father proper despite lack of divorce (Colo. Ct. App.), 1331

– Custody jurisdiction, home state bound by other state's incorrect rulings (Colo. Ct. App.), 1569
– Military pensions, ex-wife not entitled to share of servicemember's Temporary Disability Retired List benefits (Colo. Ct. App.), 1183
– Parental rights loss, termination order vacated given prejudicial effect of inadmissible polygraph evidence (Colo. Ct. App.), 1330

COMITY

– Divorce, Islamic triple talaq declared in India by husband improperly recognized as dissolution (Mich. Ct. App.), 1262

COMMON LAW MARRIAGE

– Dissolution of out-of-state common law marriage barred by failure to prove validity of union (Ark. Ct. App.), 1310
– Informal out-of-state vows may ripen into common law marriage over time (Mont.), 1346

CONFIDENTIALITY

See PRIVACY

CONFLICTS OF INTEREST

See ATTORNEYS

CONNECTICUT

– Alimony modification, second-look clause in agreement does not require finding of substantial change in circumstances (Conn. App. Ct.), 1524
– Confidentiality pact, divorce-related agreement is valid waiver of wife's free speech rights (Conn.), 1376
– Divorce hearing, court refusal to grant continuance while arson trial pending did not violate husband's rights (Conn. App. Ct.), **1407
– Post-divorce disability, part of pension covering not divisible (Conn.), 1399

CONSTITUTIONAL LAW

– Due process

See DUE PROCESS

– Equal protection

See EQUAL PROTECTION

– First Amendment

See FIRST AMENDMENT

– Fourth Amendment

– – Dependency, exclusionary rule inapplicable to juvenile matter (Or.), 1161
– – Privacy, order by juvenile court for drug testing of delinquent child's parent invalid (Utah), 1199

– Full faith and credit

See FULL FAITH AND CREDIT

– Same-sex couples

See SEXUAL ORIENTATION

– Second Amendment, ban on firearm possession by domestic violence defendant upheld (N.J. Super. Ct. App. Div.), 1378
– Seventh Amendment, right to jury trial in child support matter (U.S., rev sought), 1299; (rev den), 1383

CONTEMPT

– Child abuse, parents appearing at juvenile hearing while on drugs improperly held in contempt (Okla.), 1094
– Child support arrearages

– – Age of majority, obligor may be held in civil contempt after child reaches (D.C.), **1316
– – Burden of proof, alleged contemnor must show current inability to pay (D.C.), **1316
– – Hearing may be continued despite lawyer promise that payment is in mail (Conn. App. Ct.), 1405

– Interspousal agreements, civility pact unenforceable by contempt (Tex.), 1174
– Property division, fugitive disentitlement doctrine bars appeal by divorced contemnor (S.C. Ct. App.), 1275
– Visitation, finding re custodial parent anticipatory breach improper (Mass. App. Ct.), 1441

CORPORAL PUNISHMENT

– Biting and scratching child is excessive punishment by mother (Ill. App. Ct.), 1248
– Hague Convention, disciplinary spankings by parent not grave risk but undertakings imposed after return of children (S.D. Fla.), 1113
– Spoon, 5-year protection order properly entered against divorced mother who spanked child with (Ohio Ct. App.), 1346

COTENANCY

– Adverse possession claim to land abutting property formerly held by entireties, intent of former spouse not controlling (Mich. Ct. App.), 1322

CRIMINAL LAW AND PROCEDURE

– Child abuse

See CHILD ABUSE

– Child's incarceration does not create full emancipation justifying end to father's college support obligation (Ill. App. Ct.), **1441
– Divorce hearing, court refusal to grant continuance while arson trial pending did not violate husband's rights (Conn. App. Ct.), **1407
– Domestic violence

See DOMESTIC VIOLENCE

– Flagrant nonsupport, delinquent obligor entitled to full probation revocation hearing (Ky. Ct. App.), 1488
– Incarceration

See PRISONS AND JAILS

– Kidnapping

See CHILD ABDUCTION; HAGUE CONVENTION

– Murder, state slayer law not preempted by ERISA (Nev.), **1245
– Paternal grandmother whose son voluntarily terminated parental rights after manslaughter conviction re mother's death lacks standing to petition to visit child (Ind. Ct. App.), 1441

CUSTODY

– Attorneys, promise in retainer pact to be “professionally responsive” supports contract breach suit by custody client (Md. Ct. Spec. App.), 1163
– Child abduction

See CHILD ABDUCTION; HAGUE CONVENTION

– Child abuse

– – Appeals, order in CINA case shifting custody entitled to interlocutory review (Md.), 1186
– – Best interests test controls custody award by juvenile court in child protective matter (Mich. Ct. App.), 1305

– Child support

– – Delinquent obligor, law restricting ability to seek custody change may be invalid (Mo.), 1150
– – Delinquent parent, law limiting ability to modify custody valid (Mo.), 1459
– – Life insurance, mother must maintain policy despite having sole custody (Minn. Ct. App.), **1082

– Death of custodial father, widow granted interim custody pending hearing on fitness of mother (Mich. Ct. App.), 1232
– Divorcing parents may agree to binding arbitration (N.J.), **1412
– Domestic violence, relitigation in custody matter of claim against parent collaterally barred (N.C. Ct. App.), 1235
– Education issues

See EDUCATION

– Foster care

See FOSTER CARE

– Friend of Court psychological evaluation, refusal to follow custody recommendation upheld (Mich. Ct. App.), 1188
– Guardians

See GUARDIANSHIP

– Hague Convention

See HAGUE CONVENTION

– Intervention in parents' dispute

– – Grandparent seeking must show parental unfitness (N.C. Ct. App.), 1213
– – Husband's aunt and uncle were de facto parents, intervention allowed (Ind. Ct. App.), 1514

– Joint custody

– – Equal time with child not required for joint custody award (Nev.), **1003
– – Nonparent, substantial harm to child test governs petition for joint custody (La. Ct. App,), 1363

– Judge's in camera interview of child must be recorded (D.C.), **1495
– Jurisdiction

See CUSTODY JURISDICTION

– Medical records

– – Law firm mistakenly gave records to opposing party, no HIPAA cause of action (Ky. Ct. App.), 1007
– – Mental health records of mother, father seeking custody change not entitled to (Pa. Super. Ct.), 1222

– Mentally unstable mother, adoption of family service agency's proposal that father have sole custody upheld (Mont.), 1370
– Military custodial parent, no relinquishment of child under modification law despite future deployment (Tex. Ct. App.), 1353
– Modification

– – Consideration of father's child support obligation improper (N.D.), 1501
– – Motion filed within 2 years of order, review of denial of evidentiary hearing is de novo (N.D.), 1525

– Native Americans

See NATIVE AMERICANS

– No paramours rule subordinate to children's best interests (Tenn. Ct. App.), 1520
– Nonparents, disputes with parents

– – Aunt and uncle awarded custody, nonparent custody law upheld despite no parental unfitness requirement (Cal. Ct. App.), 1328
– – Custodial parent, custody award decided under parental fitness standard (Ohio Ct. App.), 1201
– – Joint custody, substantial harm to child test required for award of (La. Ct. App,), 1363
– – Man who helped care for ex-wife's twins conceived with anonymous donor sperm lacks standing to seek joint custody after relationship ends (Tex. Ct. App.), 1489
– – Managing conservator, man who lived with mother and child lacked standing to seek appointment (Tex. Ct. App.), 1478

– Out-of-state placement with parent, ICPC inapplicable (N.H.), **1005
– Parental presumption trumps established custodial environment (Mich.), **1447
– Parenting coordinator, appointment not improper delegation of judicial authority (Pa. Super. Ct.), 1104
– Parenting plan, modification to allow child's team of doctors to make all medical decisions improper (Mo. Ct. App.), 1585
– Parenting time improperly granted to grandmother after custody changed to father (Ind.), 1250
– Parent's relocation without child cannot be restricted (Idaho), 1489
– Pro se stipulation between parents afforded little weight since no hearing held after mother abused father (N.Y. App. Div.), 1369
– Relocation

See RELOCATION

– Same-sex couples

See SEXUAL ORIENTATION

– Scheduling, mother seeking court help need not show change in circumstances (Alaska), 1526
– Separation from half-siblings due to placement with father was not abuse of court discretion (Wyo.), 1586
– Social worker, testimony in support of grandparent claim of parental unfitness not privileged (Mo. Ct. App.), 1139
– State court removal of child, Rooker-Feldman does not bar mother's action (2d Cir.), 1583
– Visitation

See VISITATION

CUSTODY JURISDICTION

– Adoption dispute, PKPA applies in ordering mother to return child to adoptive parents (Ill. App. Ct.), 1087
– Bona fide emergency required for continuing emergency authority over nonresident children (R.I.), **1391
– Civil union dissolution, Va. registration of Vt. custody/visitation orders upheld (U.S., rev den), 1071; no jurisdiction for declaratory judgment action (Va. Ct. App.), 1393
– Continued residence finding, living in another state does not preclude (S.C. Ct. App.), 1281
– Continuing exclusive jurisdiction, judicial determination required to divest (Cal. Ct. App.), **1462
– Dependency matter over child born out of state, emergency authority became permanent authority (Cal. Ct. App.), 1117
– Entry of disposition order after dismissal for lack of jurisdiction improper (Tex. Ct. App.), 1429
– Foreign paternity acknowledgment, child born out of state (U.S., rev sought), 1131; (rev den), 1191
– Former foster parents are “persons acting as parents” under UCCJEA (Wash.), 1164
– Home state

– – “Centre of interest” of children, French standard not in substantial conformity with UCCJEA standard (Fla. Dist. Ct. App.), 1225
– – Divorce action, finding that N.Y. was home state under UCCJEA proper (Idaho), 1514
– – Inconvenient forum finding, court must consider challenge to deferral of authority (Md. Ct. Spec. App.), **1066
– – Other state's incorrect rulings binding (Colo. Ct. App.), 1569
– – Relocated parent, full hearing required under UCCJEA (Pa. Super. Ct.), 1489
– – Removal of child out of state, presence of remaining parent may confer authority (N.Y. Fam. Ct.), **1208
– – Significant connections lacking, no authority over children with new home state (Tenn. Ct. App.), 1154

– Military families

– – Nonresident custodial father, pending deployment improper basis for emergency authority (Ky. Ct. App.), 1188
– – “Temporary absence” under UCCJEA, time overseas not included (Neb.), **1063

– Modification of out-of-state decree, parent not entitled to writ of prohibition barring action by lower court (Ohio), 1390
– Native Americans

See NATIVE AMERICANS

– Parental rights loss, court exercising emergency authority over CINA matter properly considered termination petition (Iowa Ct. App.), 1332
– Registration of order in other state, continuing exclusive authority unaffected (Ohio Ct. App.), 1083
– Sanctions must be imposed on parent held in contempt for failure to return child (Pa. Super. Ct.), 1582
– Unborn child, no extension of UCCJEA authority to (Tex. Ct. App.), 1045

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