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By Law Journal Editorial Board | September 24, 2023
We support the decision in Cardali, not only because it clarifies a disparity in appellate practice, but because the opinion presents granular methodology for litigants and trial courts.
6 minute read
By Eric J. Broder | September 22, 2023
Today, largely due to the impact of COVID and the ability of parents to work remotely, from home, or substantially reduce their travel and commute time, a shared parenting plan is closer to the norm. The trend is for parents to develop (or have courts impose on them) a schedule that enables children to have roughly equal time with both parents. This article looks at the various ways to accomplish that goal.
9 minute read
By Alex Anteau | September 21, 2023
An argument for the "right not to procreate" was ultimately ruled upon as a contractual dispute.
5 minute read
By John A. Zurzola | September 21, 2023
Child support past 18 is usually seen in cases where the child has special needs or is disabled. Apart from cases where obvious or profound disabilities can be seen to exist, the issue of a child's disability can be tricky and will depend on the facts or disability indicators that have already been established.
6 minute read
By Alphonse Provinziano | September 20, 2023
"Either the laws should be uniform for child custody jurisdiction, or they aren't, and once they aren't, all bets are off," says Alphonse Provinziano of Provinziano & Associates.
5 minute read
By Joel R. Brandes | September 17, 2023
The Fifth Amendment to the U.S. Constitution provides, in part, that no person shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment contains the same words. It prohibits the states from depriving any person of life, liberty or property, without due process of law.
13 minute read
By Allison Dunn | September 15, 2023
"[M]y own view is that she should have given [the ring] back," Associate Justice James R. Milkey wrote of the former bride-to-be in a dissenting opinion. "But why should my personal view on this issue matter? To me, the ultimate question this case poses is whether such issues should be resolved in courts of law, or instead left to the interplay between private conscience and social norms."
6 minute read
By Elisa Reiter and Daniel Pollack | September 14, 2023
The goal is to mitigate the toll that prolonged litigation wreaks on families and, most importantly, on children.
11 minute read
By Emily Cousins | September 12, 2023
The defendant said if the court enforced the ketubah, it would "violate the establishment clause by entangling the trial court in religious matters," the opinion said.
4 minute read
By Daniel Pollack and Elisa Reiter | September 11, 2023
"How many of these courts, if any, have ever done a look-back self-assessment to ascertain how successful their judgments were?" ask attorneys Daniel Pollack and Elisa Reiter.
7 minute read
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