Newsletters

Child Welfare Agencies' Potential Malpractice Liability for Improperly Detaining a Child in the Foster Care System

States have enacted laws requiring the filing of reports of suspected child abuse and neglect, and most states have specialized child protective agencies to investigate these reports. The organization of the agencies varies greatly from state to state. Child protective agencies should essentially perform the same functions.

Same-Sex Marriages, Civil Unions, and Domestic Partnerships

Although many people interchange the terms same-sex marriage and civil union, they are actually two different and distinct concepts. A same-sex marriage is defined as a marriage between two individuals of the same gender. A same-sex marriage involves a certain legal status for the couple. Further, each state has its own requirements with respect to marriage.

Statutory and Other Types of Marriage

A marriage by definition is a union between a man and a woman. Every state has different requirements with respect to becoming legally and statutorily married.

Parental Kidnapping Prevention Act

In 1980 Congress enacted the Parental Kidnapping Prevention Act (PKPA) to close existing gaps and bring greater uniformity to interstate child-custody practice. The PKPA requires state courts to enforce and not modify custody and visitation determinations made by sister states unless the original state either no longer has jurisdiction or declined to exercise jurisdiction.

Pretrial Motions in Divorce Actions

Often times divorce actions require litigation. If the parties decide that litigating the case is the only way to resolve the disputed issues, parties may need to file pretrial motions. A pretrial motion is a motion filed by either party requesting that the court take some action. Some issues need to be determined prior to the final conclusion of the case.