Family Law Reporter: Index-Summary

NAMES

– Entire name of nonmarital child, mother may change (Ohio Ct. App.), 1226
– Surname of nonmarital child, change request by father improperly granted absent consent by mother (Iowa Ct. App.), 1238; timing of request crucial (Iowa), 1573

NATIVE AMERICANS

– “Active efforts” under ICWA

– – Current efforts not needed to satisfy requirement (Mich.), 1451
– – Specific language need not be used by trial court (Md.), **1450

– Adoption

– – Birth certificate, correction to show ancestry (Cal. Ct. App.), 1454
– – Timing of parental rights relinquishment hearing violated ICWA, unappealed adoption decree vacated (D. Utah), 1375
– – Unwed couple's unified voice re placement of child with non-Indian couple provided good cause under ICWA (Okla. Ct. Civ. App.), 1587
– – Unwed father's noncompliance with state paternity law, claim of ICWA applicability not barred despite (Ariz. Ct. App.), 1202

– Child neglect, appeal not barred despite failure to raise ICWA challenge (N.M. Ct. App.), 1317
– Child support, legal fees paid by father's tribe cannot be included in income (Cal. Ct. App.), 1449
– 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
– Custody

– – Existing Indian Family Doctrine

– – – Abandonment of (Kan.), 1255
– – – Recognition and application of (Tenn. Ct. App.), 1298

– – Intervention by tribe, ICWA preempts state law requiring representation by attorney (Neb.), 1394
– – Jurisdiction, tribal court lacks exclusive authority despite issuing first order (Ariz. Ct. App.), 1171
– – Lack of physical custody does not negate ICWA continued custody clause (Wis. Ct. App.), **1436
– – Notice, strict compliance with ICWA directives required when child may be Indian (Tex. Ct. App.), 1258
– – UCCJEA, pueblo not home state of children living on land owned by non-Indian (N.M.), 1484

– Dependency proceedings

– – District trial court may vacate transfer to tribal court (Minn. Ct. App.), 1430
– – Drug use, expert testimony (R.I.), **1418
– – ICWA notice requirements, failure to comply does not require reversal after child reaches majority (Cal. Ct. App.), 1490

– Divorce

– – 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

– “Indian child” definition under ICWA

– – Ineligibility of children for enrollment in mother's tribe bars ICWA applicability (Iowa Ct. App.), 1105
– – Potential eligibility of child for tribal membership requires ICWA compliance (Cal. Ct. App.), 1189

– Juvenile matter, denial of transfer to tribal court (Neb. Ct. App.), 1453
– Notice provisions of ICWA apply to children of man adopted by Native Americans (Cal. Ct. App.), 1473
– Parental rights termination

– – Burden of proof, ICWA reasonable doubt standard inapplicable to state law findings (Ariz.), **1124
– – “Indian custodian,” mother in CINA action may revoke status given to father after loss of his rights (Alaska), 1274
– – Late and vague assertion of Indian ancestry, ICWA inapplicable (Me.), **1365
– – Mother not resident of reservation, ICWA inapplicable (Tenn. Ct. App.), 1298

NEBRASKA

– Adoption

– – Adult adoption, foreign decree entered into solely for inheritance reasons entitled to full faith and credit (Neb.), **1256
– – Pregnancy of adoptive mother, failure to disclose insufficient basis to terminate placement (Neb.), 1040

– Alimony

– – Modification, changed circumstances criteria for successive petitions defined (Neb.), 1463
– – Obligor paying marital debt that obligee discharged in bankruptcy improperly granted support reduction (Neb. Ct. App.), **1068

– Child support, later change request not barred despite existence of modification grounds at prior hearing (Neb.), 1212
– Custody

– – Intervention by Native American tribe, ICWA preempts state law requiring representation by attorney (Neb.), 1394
– – Jurisdiction

– – – Home state bound by other state's incorrect rulings (Colo. Ct. App.), 1569
– – – Military family's time overseas not “temporary absence” under UCCJEA (Neb.), **1063

– – Relocation request, preexisting custody order required for removal analysis to apply (Neb. Ct. App.), 1268

– Life insurance, benefits wrongly disbursed to former spouse of participant (D. Neb.), 1115
– Native Americans, juvenile matter, denial of transfer to tribal court (Neb. Ct. App.), 1453
– Parental rights termination

– – Involuntary deportation does not divest state of jurisdiction (Neb.), 1401
– – No abandonment since African-American man believed wife's “white” child not his own, termination improper (Neb. Ct. App.), 1358

– Property division

– – Disability pension not included in marital estate (Neb. Ct. App.), 1046
– – Early retirement benefits are divisible marital property (Neb. Ct. App.), 1460
– – Stock, husband not shareholder despite marital interest in wife's holdings (Neb.), **1112

– Wills and estates

– – Guardian of children, parental testamentary nomination must be weighed against best interests (Neb. Ct. App.), 1141
– – Premarital revocable trust, assets not part of testator's augmented estate (Neb.), 1102

NEGLECT

See CHILD ABUSE

NEGLIGENCE

– Adoption agency, nondisclosure of birth parent's schizophrenia not negligent misrepresentation (Pa.), 1200
– Health insurance, claim against plan for disclosing address to former spouse not preempted by ERISA (C.D. Cal.), 1319
– Malpractice

See MALPRACTICE

NEVADA

– Hague Convention, motion to reopen closed case properly denied since no fraud on the court (D. Nev.), 1068
– Joint custody award, equal time with child not required, child support formula addressed (Nev.), **1003
– Pension benefits, state slayer law not preempted by ERISA (Nev.), **1245

NEW HAMPSHIRE

– Attorneys, malpractice suit over premarital pact proceeds despite client settling divorce (N.H.), 1125
– CHINS matter, rights of juvenile after claim of incompetence to stand trial (N.H.), 1190
– Child support

– – Loan forgiveness in lieu of bonus not obligor income (N.H.), 1488
– – Statutory ban on college expense orders bars enforcement of parental pact (N.H.), 1153

– Conflicts of interest, lawyer representation of husband, wife, and wife's conservator improper (N.H.), 1549
– Custody, ICPC inapplicable to out-of-state placement with parent (N.H.), **1005
– Divorce grounds, discovery of spousal e-mails to former paramour did not endanger wife's health or reason (N.H.), 1213
– Guardians, no fiduciary duty to protect assets of ward for his spouse (N.H.), 1009
– Property division, final division is judgment to which statutory post-judgment interest may apply (N.H.), 1263
– Same-sex marriage, governor signs bill allowing, 1359
– Visitation

– – Deceased adopted-out daughter, mother may seek visits with children as “natural grandmother” (N.H.), 1356
– – Incarcerated parent, request for child to spend time with third parties rejected (N.H.), **1214

NEW JERSEY

– Attorney advertising, ethics rule on trade names must be reexamined given challenge by divorce mediation center (N.J.), 1284
– Custody, divorcing parents may agree to binding arbitration (N.J.), **1412
– Domestic Violence Act, preponderance of evidence standard and ban on gun possession upheld (N.J. Super. Ct. App. Div.), 1378
– Palimony, no promise of lifetime support despite 20-year relationship (N.J. Super. Ct. App. Div.), 1006
– Paternity and child support, conception of child in state warrants long-arm jurisdiction over nonresident defendant (N.J. Super. Ct. App. Div.), **1280
– Property division

– – Marital assets, estate of man who died during divorce may assert equitable claim against (N.J. Super. Ct. App. Div.), 1147
– – Pet dog, former fiancee may seek specific performance of oral pact re ownership (N.J. Super. Ct. App. Div.), 1219

NEW MEXICO

– Child abuse/neglect

– – Native Americans, appeal not barred despite failure to raise ICWA challenge (N.M. Ct. App.), 1317
– – Prenatal injuries to fetus, conviction for abuse resulting in death unsupported (N.M. Ct. App.), **1008

– Child support calculation, middle child, award re older child deducted from income, award re younger child not (N.M. Ct. App.), 1501
– Custody jurisdiction, pueblo not home state of children living on land owned by non-Indian (N.M.), 1484
– Interspousal agreement, check sent to former spouse for marital home is timely despite mailing on last day of period set out in pact (N.M.), 1198
– Parental rights loss, no sua sponte duty to raise ADA applicability to disabled parent (N.M. Ct. App.), 1190
– Property division, husband not entitled to community property despite death of wife during divorce action (N.M. Ct. App.), 1231
– Wills and estates, wife cannot be personal representative of deceased husband in divorce action (N.M. Ct. App.), 1521

NEW YORK

– Adoption

– – Foreign, act of state doctrine inapplicable (N.Y. App. Div.), 1053
– – Parental rights loss, validity of adoption consent (U.S., rev den), 1059

– Child abuse/neglect

– – Immunization of children in foster care, mother's religion-based opposition upheld (N.Y. Fam. Ct.), 1152
– – 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
– – Placement of neglected child with out-of-state parent, ICPC applies (N.Y. Fam. Ct.), 1129
– – Reporting duty, physician need not report suspected abuse by minor sibling (2d Cir.), 1043

– Child support

– – Choice of law, N.Y. law does not control after parties left state despite reference to state in settlement pact (Ohio Ct. App.), 1369
– – Court-approved agreement, unwed mother may seek to modify 1992 pact (N.Y. App. Div.), 1249
– – Pendente lite order for children with expensive lifestyle proper, apartment expense reduced (N.Y. App. Div.), 1406
– – Prepayment agreement upheld despite decline in marital home value (N.Y. Sup. Ct.), 1464
– – Private school, refusal to enforce stipulation that father pay all tuition expenses upheld (N.Y. App. Div.), 1261
– – Same-sex former partner, no family court jurisdiction to enter support and parentage orders against (N.Y. App. Div.), 1342
– – Termination, child's 6-month period of employment did not trigger (N.Y. App. Div.), 1544

– Custody

– – Educational decisions, parent with sole custody controls unless issue addressed by divorce decree or custody order (N.Y.), 1297; noncustodial parent lacks standing under IDEA to contest special education services in public school (2d Cir.), 1370
– – Jurisdiction, divorce action, finding that N.Y. was home state under UCCJEA proper (Idaho), 1514
– – Jurisdiction over child removed from state, presence of remaining parent may confer home state authority (N.Y. Fam. Ct.), **1208
– – Pro se stipulation between parents afforded little weight since no hearing held after mother abused father (N.Y. App. Div.), 1369
– – Same-sex couple, former partner lacks standing to seek custody of child born to partner during civil union (N.Y. App. Div.), 1262

– Dependency, permanency planning goal other than those listed in statute may be specified (N.Y. Fam. Ct.), 1345
– Divorce

– – Attorneys' fees

– – – Client charging lien to be satisfied with funds awarded from IRA of former spouse (N.Y. App. Div.), 1369
– – – Pendente lite claim ends with death of party (N.Y. App. Div.), 1466

– – Civil union, dissolution allowed but not through divorce proceeding (N.Y. Sup. Ct.), **1435
– – Cruel and inhuman treatment as basis did not render premarital agreement invalid (N.Y. App. Div.), 1587
– – Death of ward abates action, approval by guardianship court of ward's divorce settlement lacking (N.Y. Sup. Ct.), 1202
– – E-mails copied by wife from husband's account after separation admissible to prove concealment of income (N.Y. Sup. Ct.), 1315
– – Grounds, rebuffed spouse need not repeatedly request sexual relations for constructive abandonment claim (N.Y. Sup. Ct.), 1382
– – 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

– Domestic violence, family offense law

– – Adopted child and birth parent, law applies to (N.Y. Fam. Ct.), 1164
– – Adulterous petitioner denied protective order against paramour (N.Y. Fam. Ct.), 1297
– – “Intimate relationship” amendment, retroactive application upheld (N.Y. Fam. Ct.), 1033
– – Mothers of children with common father, law applies (N.Y. Fam. Ct.), 1165

– Hague Convention

– – Habitual residence

– – – N.Y.-born son's residence not linked to mother and half-siblings obtaining citizenship (E.D.N.Y.), 1533
– – – Parents' last shared intent controls (E.D.N.Y.), 1197

– – Parental union possibly void, custody rights unaffected (E.D.N.Y.), 1065

– Home state of relocated parent, full hearing required under UCCJEA (Pa. Super. Ct.), 1489
– Insurance benefit overpayments to ex-wife, health fund may not recover (N.D.N.Y.), 1465
– Marriage

– – Fraudulent inducement claim dismissed (U.S., rev sought), 1383; (rev den), 1551
– – Out-of-state marriage lacking license valid (N.Y. Surr. Ct.), **1279

– Property division

– – Adultery and deception as to paternity of child, division unaffected since conduct not “egregious fault” (N.Y. App. Div.), 1233
– – Alimony paid to first wife and payments on husband's student loan, wife not entitled to credit for (N.Y.), 1303
– – Apartment building containing marital home, husband's share of edifice is marital asset despite refusal by wife to contribute to purchase (N.Y. App. Div.), 1388
– – Enhanced earning capacity from husband's business degree and brokerage licenses, calculation improper (N.Y. App. Div.), 1371
– – Organ donated to wife during marriage, husband may not establish monetary value of kidney (N.Y. Sup. Ct.), 1203
– – Premarital pact, 1965 French contract bars equitable distribution (N.Y.), 1088
– – Separate property valuation, wife having limited role in improving husband's home not entitled to half of increased value (N.Y.), 1311

– Same-sex couples married out of state

– – Adoption, precertification petition to adopt child of spouse granted (N.Y. Fam. Ct.), 1128
– – County executive, order to agencies to recognize marriages upheld (N.Y. App. Div.), 1118
– – Genetic mother of child gestated by spouse, adoption ensures foreign recognition of parentage (N.Y. Surr. Ct.), **1291
– – Insurance benefits must be equal, state agency says, 1059
– – State employees, extension of health insurance coverage to spouses upheld (N.Y. App. Div.), 1135

– Sperm depositor, estate not entitled to specimens for surrogate usage (N.Y. App. Div.), 1209
– Visitation on every Easter, Catholic mother entitled even if children scheduled to be with Jewish father (N.Y. App. Div.), 1106

NONMARITAL CHILDREN

See OUT-OF-WEDLOCK CHILDREN; PATERNITY

NORTH CAROLINA

– Adoption

– – Direct placement adoption of same-sex partner's child valid (N.C. Ct. App.), 1471
– – Open adoption, private Fla. agreement not entitled to full faith and credit (N.C. Ct. App.), 1425

– Alienation of affections

– – Federal diversity jurisdiction, claim failing to meet amount in controversy requirement must be remanded to state court (W.D.N.C.), 1503
– – Out-of-state paramour's contacts with man's wife warrant personal jurisdiction (N.C.), 1392

– Child support

– – Designated payee, disabled obligor improperly ordered to transfer to custodial mother Social Security benefits paid on behalf of children (N.C. Ct. App.), 1044
– – NHL player, support duty set in pact negotiated before league lockout properly reduced (N.C. Ct. App.), 1272
– – Unincorporated separation agreement does not allow award of retroactive support (N.C. Ct. App.), 1499

– Custody

– – Domestic violence, relitigation in custody matter of claim against parent barred by collateral estoppel (N.C. Ct. App.), 1235
– – Intervention in parents' dispute, parental unfitness must shown by grandparent seeking (N.C. Ct. App.), 1213

– Handwritten post-separation spousal support agreement unenforceable (N.C. Ct. App.), 1430
– Parental rights loss, jurisdiction unaffected by summons-related deficiencies (N.C.), 1177
– Paternity

– – Legitimation matter, best interest analysis not required (N.C. Ct. App.), 1149
– – Statute of limitations, request by unwed mother for genetic testing improperly denied as untimely (N.C. Ct. App.), 1118

– Premarital pact, action by widow against estate of husband for surety payments not barred by waiver of claim to separate property (N.C. Ct. App.), 1310
– Property division

– – Business losses, marital property presumption unrebutted since cause of diminution unclear (N.C. Ct. App.), 1047
– – Cohabitation and public behavior support reconciliation finding re separated couple (N.C. Ct. App.), 1519
– – Expectancy of inheritance does not warrant unequal division (N.C. Ct. App.), 1497
– – Retirement account cashed out to support family while husband in medical school, wife improperly reimbursed for (N.C. Ct. App.), 1058

NORTH DAKOTA

– Alimony, rehabilitative support may last longer than marriage (N.D.), 1044
– Child abduction, fugitive dismissal rule bars absconding mother's appeal from adverse custody order (N.D.), **1039
– Custody 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, state and tribal courts have concurrent authority over incidents of marriage between Indian and non-Indian (N.D.), 1165
– Property division, marital settlement pact giving husband most of marital assets is unconscionable (N.D.), 1377

NOTICE

– Native Americans, custody, strict compliance with ICWA notice directives required when child may be Indian (Tex. Ct. App.), 1258
– Visitation, stipulation between mother and de facto parents improperly voided despite lack of notice to unidentified father (R.I.), 1250

NUNC PRO TUNC ORDERS

– Divorce order improper since action abated upon death of party (Tenn.), **1029
– Pensions, QDRO improperly entered 20 years after divorce of deceased plan participant (Cal. Ct. App.), 1271