Family Law Reporter: Index-Summary

SAME-SEX MARRIAGE

– Denial of right to marry violates state Constitution (Cal.), 1315; stay and rehearing petitions denied, 1358
– Divorce

– – Canadian marriage, dissolution proceeds (N.Y. Sup. Ct.), 1195
– – Dissolution court lacks jurisdiction (R.I.), 1063
– – Massachusetts marriage, dissolution jurisdiction found (N.Y. Sup. Ct.), 1567
– – Vacation of decree upheld given judge unaware of parties' same-sex status (Okla.), 1399

– Employee benefits

– – Denial of recognition of foreign marriage vacated given change in state policy (N.Y. App. Div.), 1262
– – Domestic partners of state workers, marriage amendment bars benefits for (Mich.), 1307
– – Valid foreign marriages must be recognized (N.Y. App. Div.), 1159

– Loss of consortium, no recovery for same-sex partner on pre-marriage claim (Mass.), 1427
– Nonresidents unable to marry in their own state, Mass. marriage ban repealed, 1455
– State agencies must recognize foreign marriages, executive order upheld (N.Y. Sup. Ct.), 1495
– Statutory bar violates state Constitution (Conn.), 1555

SCHOOLS

See EDUCATION

SEPARATION AGREEMENTS

See INTERSPOUSAL AGREEMENTS

SERVICE OF PROCESS

– Adoption, service on unknown father must be more than perfunctory (Tenn. Ct. App.), 1065

SEXUAL ABUSE

See CHILD ABUSE

SEXUAL ORIENTATION

– Adoption

– – Attorneys' fees, “private attorney general” law inapplicable (Cal.), 1139
– – Failure to file petition not jurisdictional defect (N.M. Ct. App.), 1123
– – Statutory ban on same-sex adoption invalid (Fla. Cir. Ct.), 1531
– – “Stepparent-like” adoption improperly granted to same-sex partner (Ky. Ct. App.), **1519
– – Sua sponte challenge to adoption by mother's partner error (Iowa), 1123

– Custody

– – Adoption of children during relationship, former partner granted parental rights (Mont. Dist. Ct.), **1543
– – Civil union, Va. must honor orders entered in Vt. dissolution (U.S., rev sought), 1083; (rev den), 1131; family court orders upheld (Vt.), 1237; registration of Vt. orders upheld (Va.), 1356; Vt. ruling appealed (U.S., rev sought), 1479; Va. ruling appealed (U.S., rev sought), 1538; Vt. ruling (rev den), 1551
– – Declaratory judgment motion to void consent order between former partners improperly granted (Ohio Ct. App.), 1382
– – Family unit not created intentionally, former partner denied joint custody (N.C. Ct. App.), 1309
– – Foreign order naming former partner as parent recognized under PKPA (Ala. Civ. App.), 1339
– – Modification, mother's relationship with partner constituted change in circumstances (La.), 1105
– – Parent by estoppel doctrine, former partner may not invoke (N.C. Ct. App.), 1462
– – Standing

– – – Former partner may not seek custody of child born during relationship (Ky. Ct. App.), 1243
– – – Joint conservatorship order obtained by partners before separation invalid (Tex. Ct. App.), 1461

– – Voluntary co-parenting allowed by mother, former partner granted joint custody (N.C. Ct. App.), **1303

– Domestic partners

See DOMESTIC PARTNERS

– Loss of consortium, no recovery for same-sex partner on pre-marriage claim (Mass.), 1427
– Marriage

See SAME-SEX MARRIAGE

– Visitation, former partners as de facto parents

– – Doctrine rejected, visits denied (Va. Ct. App.), **1352
– – Status denied (Md.), **1327

SEXUALLY TRANSMITTED DISEASES

– Negligent transmission cases

– – Actual or constructive knowledge of infection required for liability (Vt.), **1521
– – Compensatory damages properly awarded from husband to wife (Tenn. Ct. App.), 1527

SLANDER

See DEFAMATION

SOCIAL SECURITY

– Anti-assignment clause, modular home purchased with disability award not marital (Neb. Ct. App.), **1118
– Child support

– – Credit for lump-sum back payment received by child, disabled obligor entitled to (Wash. Ct. App.), 1165
– – Independent income of obligor, credit for child's disability benefits unaffected by (Mo. Ct. App.), 1557
– – Joint custodial mother, payee father improperly ordered to split children's dependency benefits with (Pa. Super. Ct.), 1262
– – Modification petition required before lump-sum back payment to children may be credited against arrears (Ind. Ct. App.), 1321
– – Reimbursement or credit, disabled obligor not entitled despite lump-sum retroactive dependency benefits (Miss. Ct. App.), **1345

– Civil service pension, federal employee's forgone benefits properly deducted from (Wash. Ct. App.), 1003
– Lump-sum back disability benefits are marital (Tenn. Ct. App.), **1161
– Municipal pension funded in lieu of federal benefits is divisible (Del.), **1412
– Surviving spouse's earned benefits, pension benefit improperly reduced by (S.D. Ohio), 1247

SOUTH CAROLINA

– Adoption

– – Consent of unwed mother revoked given emotional stressors and confusing forms (S.C.), **1292
– – Jurisdiction, validity of first order controls interstate matter (S.C.), **1148

– Alimony award barred given circumstantial evidence of adultery (S.C. Ct. App.), 1345
– ADHD medicine, father improperly held in contempt for failure to give to child during summer visit (S.C. Ct. App.), 1249
– Attorney ethics, disabled client rule violated given personal relationship with troubled divorce client (S.C.), 1163
– Bigamy, late annulment of first marriage not validation of bigamous second marriage (S.C.), 1502
– Child support, laches not defense to claim for order enforcement (S.C.), 1413
– Custody, psychological parent, four-prong test approved (S.C.), 1141
– Domestic violence, emergency hearing not due process violation but definitive finding of abuse improper (S.C.), **1185
– Parental rights termination, attorneys' fees properly awarded to non-prevailing parent in private action (S.C.), 1391
– Paternity of marital children, divorced man's independent action against ex-wife may proceed (S.C. Ct. App.), 1267

SOUTH DAKOTA

– Alienation of affections, indemnification of defendant unavailable under insurance policy (S.D.), 1041
– Child abuse, father properly denied continuance despite pending criminal matter (S.D.), 1547
– Child support

– – Loan from family-owned firm to pay taxes treated as income to obligor (S.D.), 1452
– – Statutory deviation, calculation required before (S.D.), 1225

– Guardianship of disabled adult child, best interests standard applies to termination of parental appointment (S.D.), 1393
– Native Americans, jurisdiction, residency on reservation affects only custody part of state divorce matter (S.D.), 1363

SPERM DONORS

See ASSISTED REPRODUCTION

SPOUSAL SUPPORT

See ALIMONY

STALKING

See DOMESTIC VIOLENCE

STANDARD OF PROOF

See BURDEN OF PROOF

STANDING

– Child support for teenager living with relatives, county agency may not compel divorced custodial mother to pay (Cal. Ct. App.), 1249
– Custody

– – Grandparents caring for children during parental problems, no de facto parent claim (Me.), 1560
– – Niece's child, couple may not seek custody in matter outside of dependency case (Pa. Super. Ct.), 1442
– – Same-sex couples

– – – De facto parent, former partner may seek custody of children adopted during relationship (Mont. Dist. Ct.), **1543
– – – Former partner may not seek custody of child born during relationship (Ky. Ct. App.), 1243
– – – Joint conservatorship order obtained by partners before separation invalid (Tex. Ct. App.), 1461

– Grandparent visitation

– – Adoption of child by ex-wife, grandfather may seek visits (Ky. Ct. App.), 1009
– – Parental rights loss, woman surrendering rights to her son may not seek time with his children (N.Y. Fam. Ct.), 1525

– Guardianship

– – Incompetent wife, husband may appeal guardianship order (N.C. Ct. App.), 1213
– – Jurisdiction of court, nonparty may not appeal (Ohio), 1549

– Interspousal agreements, no contempt suit against ex-spouse over marital debt paid by guarantor (Ill. App. Ct.), 1153
– Parental rights termination of father who killed mother, grandparent may not seek (N.Y. Fam. Ct.), 1573
– Paternity

See PATERNITY

– Pension plan may not be sued by ex-spouse who failed to obtain QDRO (E.D. Va.), 1018
– Surname change of nonmarital child, father may seek in paternity/custody/support matter (Mo. Ct. App.), 1333
– Visitation with nonmarital child of estranged wife, man and his mother may seek (Ohio Ct. App.), 1562

STATUTES OF LIMITATIONS

– Adoption

– – Notice, untimely parental challenge improperly barred (Ind. Ct. App.), 1353
– – Unmarried same-sex partner, grant of “stepparent-like” adoption invalid (Ky. Ct. App.), **1519

– Child abduction, Hague Convention

– – Concealment of child tolls filing period (9th Cir.), **1328
– – Illegal aliens not settled in U.S., untimely return petition proceeds (M.D. Fla.), 1212
– – “Well-settled” defense improperly considered since return petition timely filed (Tex. Ct. App.), 1188

– Child in Need of Care proceeding, indigent parent's untimely request for counsel denied (Kan.), 1068
– Child support modification, 3-year review period addressed (N.H.), 1225
– Divorce appeal, file-stamped letter memorandum not final judgment so suit not time-barred (Neb.), 1334
– Paternity

– – Adoption, acknowledged father status tied to timing of claim (N.M.), 1054
– – Biological father's petition untimely given acknowledgment by another man (Wash. Ct. App.), 1502
– – Husband voluntarily acknowledged another man's child, later challenge untimely (Md. Ct. Spec. App.), 1244
– – Nonbiological father's voluntary acknowledgment, mother's request to override untimely (Ill. App. Ct.), 1354
– – Twins born to married ex-paramour, no waiver of right to establish parentage despite late timing (Iowa Ct. App.), 1166
– – Unrevoked acknowledgment defeats untimely petition by biological father (Tenn. Ct. App.), 1546

– Premarital/interspousal pact disputes, impact of new tolling law (N.Y. Sup. Ct.), 1310

STDs

See SEXUALLY TRANSMITTED DISEASES

STEPPARENTS

– Adoption

– – Appointed counsel, indigent parent may be entitled in private parental rights loss matter brought by stepparent (Colo. Ct. App.), 1418
– – Petition to adopt wife's child improperly granted since wife's prior marriage still valid (Ark. Ct. App.), 1188
– – Special counsel, attorney for mother improperly appointed to bring parental rights loss action against ex-husband (La. Ct. App.), 1250
– – Unmarried same-sex partner, grant of “stepparent-like” adoption improper (Ky. Ct. App.), **1519

– Child abuse

– – Out-of-state commission of abuse, custody court has jurisdiction to enter protection order (Pa. Super. Ct.), 1487
– – Sexual abuse, prosecutors may stop defendant from deposing alleged victim (Minn.), 1021

– Child support, stepfather's income improperly weighed despite obligor's lesser income (Idaho Ct. App.), 1416
– Custody

– – Militarily deployed father, stepmother may not exercise rights of (Wis. Ct. App.), 1536
– – Neglected child, parental preference doctrine inapplicable (D.C.), 1034

– Negligent supervision of child, parental immunity doctrine covers stepparents (Wash.), **1423
– Visitation

– – Modification, parental presumption inapplicable (Ind. Ct. App.), 1280
– – Statutory remedies, stepparent who did not pursue lacks de facto parent claim (Wash. Ct. App.), 1022

STOCK

– Bankruptcy estate, debtor's interest in ex-spouse's ESOP not property of (S.D. Ohio), 1210
– Child support, Subchapter S distribution tied to stock purchase is income to obligor (Kan. Ct. App.), 1532
– Property division

– – Dissipation of marital assets, none found despite refusal to sell before price fell (Tenn. Ct. App.), 1419
– – Separate stock, lack of owner contribution to appreciated value renders increase nonmarital (Tenn.), 1114

STUDENTS

See EDUCATION

SUBSTANCE ABUSE

– Endangerment, criminalizing child's exposure to drugs requires risk of harm proof (Utah), 1019

SUPPORT

– Child support

See CHILD SUPPORT

– Spousal

See ALIMONY

SUPREME COURT, U.S.

– Adoption

– – Competing proceeding, due process claim (rev sought), 1335; (rev den), 1550
– – Parental rights loss, validity of adoption consent (rev sought), 1539

– Alienation of affections, abolishment of tort declined (rev sought), 1046; (rev den), 1107
– Assisted reproduction

– – Embryo disposition pact controls upon later divorce (rev sought), 1203; (rev den), 1227
– – Parental rights, requiring written opt-out pact not invalid (rev sought), 1275; (rev den), 1550

– Bankruptcy, dischargeability of divorce-related debt, Rooker-Feldman doctrine (rev sought), 1275; (rev den), 1335
– Child abduction

– – Hague Convention, U.K. custody order barring child from traveling to U.S. moots appeal (rev sought), 1095; (rev den), 1179
– – International arrest warrant, demand that federal prosecutor issue for fleeing parent (rev den), 1287

– Child abuse

– – Evidence existed only of potential abuse (rev den), 1046
– – “Safety plans,” coercing parental agreement to (rev sought), 1215; (rev den), 1371

– Child support

– – Full faith and credit, Rooker-Feldman doctrine (rev sought), 1371; (rev den), 1550
– – Guidelines, validity challenged (rev sought), 1383; (rev den), 1550

– Civil union, Va. must honor custody/visitation orders entered in Vt. dissolution (rev sought), 1083; (rev den), 1131; appeal of Vt. jurisdictional holding (rev sought), 1479; appeal of Va. registration order (rev sought), 1538; Vt. ruling (rev den), 1551
– Custody

– – Contempt, ban on all contact (rev den), 1023
– – Deference to foreign court, jurisdiction (rev sought), 1539; (rev den), 1563
– – Equal time arrangement, reduction during school year (rev sought), 1046; (rev den), 1107
– – Evidentiary standard, due process claim (rev sought), 1335; (rev den), 1551
– – Fitness of parent, abuse claims (rev sought), 1538; (rev den), 1551
– – Home state determination unaffected by post-filing residency (rev sought), 1167; (rev den), 1227
– – Relocation law not violation of remarried mother's right to privacy (rev sought), 1131; (rev den), 1203

– Death of child, posthumous petition for back support properly denied (rev sought), 1095; (rev den), 1179
– Divorce, discovery abuse, sanctions (rev sought), 1047; (rev den), 1131
– Domestic violence, personal jurisdiction not needed for abuse prevention order (rev sought), 1275; (rev den), 1287
– Grandparents

– – Partial custody or visitation upheld (rev den), 1023
– – Visits, right of association, failure to rebut best interests presumption (rev sought), 1023; (rev den), 1046

– Paternity, full faith and credit to foreign judgment (rev sought), 1539; (rev den), 1574
– Pension benefits, waiver upon divorce, ex-wife trumps plan participant's estate given failure to submit QDRO to employer (rev grant), 1179; 1191; oral argument set, 1551; justices consider plan document rule for designations, 1562
– Visitation denial, jurisdiction, Rooker-Feldman bar (rev den), 1046

SURROGACY

See ASSISTED REPRODUCTION

SURVIVOR BENEFITS

– Pension/retirement funds

See PENSIONS

– Wills and estates

See WILLS AND ESTATES