Family Law Reporter: Index-Summary

DAMAGES

– Attorneys, malpractice suit may seek counsel fees incurred in remedying injury from divorce lawyer unpreparedness (Ill. App. Ct.), 1127
– Wrongful birth, parents may seek to cover costs of caring for disabled adult child (Ill. App. Ct.), 1294

DEATH OF PARTY

– Custodial father's widow, grant of interim custody upheld pending hearing on fitness of mother (Mich. Ct. App.), 1232
– Divorce, death during

– – Community property, divorcing husband not “surviving spouse” entitled to (N.M. Ct. App.), 1231
– – Equitable claim against marital assets, estate of decedent may assert (N.J. Super. Ct. App. Div.), 1147
– – Grounds for dissolution, court may not conduct hearing after death (Pa. Super. Ct.), 1083
– – Guardianship court, approval of ward's divorce settlement lacking so dissolution abated upon death of ward (N.Y. Sup. Ct.), 1202
– – Interlocutory order as to property rights unenforceable since action abated upon death (Ala. Civ. App.), 1095
– – Nunc pro tunc decree improper since action abated upon death (Tenn.), **1029
– – Revocation of dissolution, death of party abates action (Miss. Ct. App.), 1393
– – Separable finality rule not adopted, action abated since death occurred before final hearing (Ala. Civ. App.), 1067
– – Signing and docketing of judgment, finality of divorce unaffected by death between (Me.), 1273

– Wills and estates

See WILLS AND ESTATES

DEFAULT JUDGMENTS

– Marriage validity, judgment estops relitigation in stepparent adoption (Ark.), **1076
– Paternity judgment improperly vacated, genetic testing disestablishing parentage required (Cal. Ct. App.), 1057

DELAWARE

– Custody, former same-sex partner lacks standing under UPA to bring action (Del.), **1159
– Hague Convention, stable immigration status of parent and child tied to well-settled exception (D. Del.), 1184

DEPENDENCY

See also CHILD ABUSE
– Adoption-related orders entered during dependency matter are appealable (Cal.), 1344
– CHINS/CINA matters

See CHILD IN NEED OF PROTECTION OR SERVICES (CHIPS)

– Custody jurisdiction over child born out of state, dependency court's emergency authority became permanent authority (Cal. Ct. App.), 1117
– Exclusionary rule inapplicable to juvenile action (Or.), 1161
– Grandmother lacks standing to participate in action despite prior care of children (Pa. Super. Ct.), 1440
– Native Americans, potential eligibility of child for tribal membership requires ICWA compliance (Cal. Ct. App.), 1189
– Permanency planning, goal other than those listed in statute may be specified (N.Y. Fam. Ct.), 1345
– Psychotherapist-patient privilege, GAL may assert when disclosure of private material is sought (Cal. Ct. App.), 1393

DISABLED PERSONS

– Child support

– – Adult child with disability, no parental duty to support (Kan. Ct. App.), 1196
– – Credit for dependent benefits obligor receives for second child, disabled obligee with custody of one child not entitled to (Me.), 1345
– – Custodial parent disability, Social Security dependency benefits are income to child (Colo. Ct. App.), **1244
– – Designated payee, disabled obligor improperly ordered to transfer to custodial mother Social Security benefits paid on behalf of children (N.C. Ct. App.), 1044
– – Lump-sum Social Security disability payments to children

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

– Education, noncustodial parent lacks standing under IDEA to contest special education services in public school (2d Cir.), 1370
– Interspousal pact, stipulation that wife would contribute to post-divorce care of disabled ex-husband is invalid indefinite contract (Tex. Ct. App.), 1333
– Parental rights loss, no sua sponte duty to raise ADA applicability to disabled parent (N.M. Ct. App.), 1190
– Pensions for disability

– – Injured state employee, benefits received from public retirement system were for disability despite classification as retirement pay by state (Ark. Ct. App.), 1310
– – Marital estate, pension not included in (Neb. Ct. App.), 1046
– – Military Temporary Disability Retired List benefits, ex-wife not entitled to share of (Colo. Ct. App.), 1183
– – Post-divorce disability, part of pension covering not divisible (Conn.), 1399
– – Status after participant reaches retirement age

– – – Hybrid benefits, judge must share with former spouse (La. Ct. App.), 1054
– – – Pension became divisible retirement pay (W. Va.), 1022
– – – Reclassification as community property and retirement pay upheld (La. Ct. App.), 1034

– Property division

– – Post-dissolution monthly annuity payments to disabled spouse not marital property (Mo. Ct. App.), 1207
– – Private disability insurance policies

– – – Policy bought before marriage, payments are separate property (Cal. Ct. App.), 1247
– – – Post-age 65 payments, wife improperly granted share of husband's benefits (Fla. Dist. Ct. App.), **1238

– Wrongful birth, parents may seek damages to cover costs of caring for disabled adult child (Ill. App. Ct.), 1294

DISCOVERY

See EVIDENCE

DISTRICT OF COLUMBIA

– Child support, delinquent obligor may be held in contempt after child reaches age of majority, contemnor has burden of proof to show inability to pay (D.C.), **1316
– Custody, judge's in camera interview of child must be recorded (D.C.), **1495
– Mother's same-sex domestic partner, new law recognizes as parent, 1455
– Parental rights termination, indigent parent with appointed counsel has statutory right to effective assistance (D.C.), 1475

DIVORCE

– Airline may not recoup pension benefits paid to pilots with sham divorces (S.D. Tex.), 1584
– Alimony

See ALIMONY

– Attorneys

See ATTORNEYS

– Attorneys' fees

– – Award subject to constructive trust (Okla.), 1417
– – Judge who appointed lawyer as mediator while negotiating fee in his own divorce sanctioned (Minn.), 1523
– – Pendente lite claim ends with death of party (N.Y. App. Div.), 1466
– – Pro se litigant, no special consideration in deciding fee request by spouse (Ariz. Ct. App.), 1116

– Bankruptcy

See BANKRUPTCY

– Children

– – Custody

See CUSTODY

– – Paternity, declaration in divorce based on parentage affidavit not barred by prior nonpaternity finding (Wis. Ct. App.), 1045
– – Support

See CHILD SUPPORT

– Civil union, dissolution allowed but not through divorce proceeding (N.Y. Sup. Ct.), **1435
– COBRA benefits, untimely notice of divorce precludes ex-wife from obtaining (E.D. Pa.), 1535
– Common law marriage, failure to prove valid out-of-state union bars dissolution action (Ark. Ct. App.), 1310
– Confidentiality pact, dissolution-related agreement is valid waiver of wife's free speech rights (Conn.), 1376
– Custody jurisdiction, divorce action, finding that N.Y. was home state under UCCJEA proper (Idaho), 1514
– Death of party during dissolution action

See DEATH OF PARTY

– Disposal of marital property, duration of order barring (U.S., rev sought), 1215; (rev den), 1275
– Dissolution hearing, court refusal to grant continuance while arson trial pending did not violate husband's rights (Conn. App. Ct.), **1407
– Evidentiary issues

See EVIDENCE

– 401(k) funds, designation of stepdaughter as beneficiary not revoked upon divorce (Cal. Ct. App.), 1103
– Frozen embryos, contract with cryopreservation lab controls post-divorce custody (Ohio Ct. App.), 1561
– Grounds

– – Constructive abandonment, rebuffed spouse need not repeatedly request sexual relations to claim (N.Y. Sup. Ct.), 1382
– – E-mails from spouse to former paramour, discovery of messages did not endanger wife's health or reason (N.H.), 1213
– – Irreconcilable differences, spouses need not withdraw fault-based grounds for divorce to be valid (Miss.), 1526

– Interspousal agreements, retirement/investment accounts, post-divorce division proper (Tenn. Ct. App.), 1572
– Investment account, husband receipt as separate property in decree did not waive wife's beneficiary rights (Wyo.), **1550
– Islamic triple talaq declared in India by husband, recognition as divorce improper (Mich. Ct. App.), 1262
– Life insurance, insurer bound by beneficiary notice of divorce from insured (Mich. Ct. App.), 1570
– Marital home, husband not entitled to rental credit for period he was banned home under protection from abuse order (Pa. Super. Ct.), 1426
– Mediation

See MEDIATION

– Military benefits

– – Delay to increase eligibility, court denial of wife's request not abuse of discretion (Okla. Ct. Civ. App.), 1586
– – Pension, failure to identify marital portion results in relief from judgment (Ky. Ct. App.), **1581

– Native Americans

– – Marriage between Indian and non-Indian, state and tribal courts have concurrent authority (N.D.), 1165
– – Tribal court action may not be removed to federal court (D.N.M.), 1418

– Nonresident wife submitted to court's jurisdiction by having responsive documents filed with her signature (Iowa Ct. App.), 1514
– Parenting plan, court review (U.S., rev sought), 1575
– Prenuptial agreements

See PREMARITAL AGREEMENTS

– Property division

See PROPERTY DIVISION

– Validity of marriage after religious ceremony in India before enactment of Hindu Marriage Act may not be decided by court (N.Y. App. Div.), 1563
– Will-drafting lawyer liable to client's children for helping him violate judgment (Wis.), 1427
– Wills and estates, wife cannot be personal representative of deceased husband in divorce action (N.M. Ct. App.), 1521

DNA TESTING

See PATERNITY

DOCTORS

See PHYSICIANS

DOMESTIC PARTNERS

– Property division, reimbursement of home purchaser upheld despite parties' intent to share residence equally (Or. Ct. App.), 1177
– Registry of partnerships, New Orleans ordinance upheld, health benefits extended to partners of city employees (La. Ct. App.), 1138
– Same-sex partners, OPM proposes extension of federal employee benefits, 1527

DOMESTIC VIOLENCE

– Adopted child and birth parent, family offense law applies to (N.Y. Fam. Ct.), 1164
– Child protective orders

– – GAL and appellate court docket fees, no assessment against petitioner (Mo. Ct. App.), 1140
– – Spanking child with spoon, 5-year order properly entered against divorced mother (Ohio Ct. App.), 1346

– Custody

– – Pro se stipulation between parents afforded little weight since no hearing held after mother abused father (N.Y. App. Div.), 1369
– – Relitigation of domestic violence claim against parent barred by collateral estoppel (N.C. Ct. App.), 1235

– E-mails, man who accessed account of ex-wife may have committed abuse (Cal. Ct. App.), 1327
– Firearms, ban on possession of guns by defendant not Second Am. violation (N.J. Super. Ct. App. Div.), 1378
– Fourteen-year-old, relationship with older teen not covered by domestic violence law (Wash. Ct. App.), 1202
– Hague Convention, mother failed to show father's alleged abuse of her placed child at risk of grave harm upon return (E.D. Tex.), 1356
– “Intimate relationship” amendment to family offense law, retroactive application upheld (N.Y. Fam. Ct.), 1033
– Mothers of children with common father, family offense law applies (N.Y. Fam. Ct.), 1165
– Preponderance of evidence standard not due process violation, Domestic Violence Act upheld (N.J. Super. Ct. App. Div.), 1378
– Protection orders

– – Adulterous petitioner denied order against paramour (N.Y. Fam. Ct.), 1297
– – Divorcing husband not entitled to rental credit for period he was banned from marital home (Pa. Super. Ct.), 1426
– – Elder abuse, order may be issued based on past acts under state law (Cal. Ct. App.), 1406
– – Extension without evidence of continued attempts to contact improper (Mass. App. Ct.), 1586
– – Immigration status, First Am. violated by order barring interference with (Wash. Ct. App.), 1185
– – Petitioner's unborn child cannot be included in order (Ohio Ct. App.), 1430
– – Spousal abuse inflicted overseas, order improperly denied (Ohio Ct. App.), 1021
– – “Unmarried couple,” woman lacks standing to seek order against boyfriend since no cohabitation (Ky. Ct. App.), 1130

– “Significant romantic or sexual relationship,” former relationship may qualify under Domestic Violence Act (Minn. Ct. App.), 1262
– Stalking protective orders

– – E-mail and telephone solicitations by former spouse insufficient for order (Or. Ct. App.), 1154
– – Grandfather of teenager lacked requisite intent, order issued improperly (Or. Ct. App.), 1069

– Visitation, supervision, self-executing provision upon completing domestic violence program improper (Alaska), 1467

DRIVER'S LICENSES

See LICENSING

DRUGS

– Child abuse, contempt finding improper despite parents appearing at hearing while on cocaine (Okla.), 1094
– Native Americans, dependency proceedings, drug use, expert testimony (R.I.), **1418
– Privacy, order by juvenile court for drug testing of delinquent child's parent violates Fourth Am. (Utah), 1199

DUE PROCESS

– Child abuse, state database of known or suspected abusers violates procedural due process (9th Cir.), 1031; (U.S., rev sought), 1575
– CHINS matter, rights of juvenile after claim of incompetence to stand trial (N.H.), 1190
– Child support

– – Delinquent obligor, law restricting ability to seek custody change may be invalid (Mo.), 1150
– – Paternity and support, conception of child in state warrants long-arm jurisdiction over nonresident defendant (N.J. Super. Ct. App. Div.), **1280

– Custody

– – Aunt and uncle awarded custody in dispute with parent, nonparent custody law upheld despite no parental unfitness requirement (Cal. Ct. App.), 1328
– – Education, strict scrutiny inapplicable to dispute over choice of child's school (Cal. Ct. App.), **1370

– Divorce, Islamic triple talaq declared in India by husband improperly recognized as dissolution since wife lacked procedural protections (Mich. Ct. App.), 1262
– Domestic Violence Act, preponderance of evidence standard upheld (N.J. Super. Ct. App. Div.), 1378
– Guardianship, incapacitated family member (U.S., rev sought), 1167; (rev den), 1215
– Notice issues

See NOTICE

– Parental rights termination

– – Indigent parents, violations when record not filed in appeal (U.S., rev sought), 1551
– – Jailed father improperly denied transportation to stepparent adoption hearing (Kan. Ct. App.), 1367