What About the Children's Money?
September 01, 2003
Custodial accounts established for the parties' children during the marriage can constitute significant assets. But whose money is it, and how can it be used? Some parents view the custodial accounts as a convenient way to make up a shortfall in the income available to meet support payments and property settlement obligations. Because the unilateral expenditure of children's funds is almost guaranteed to generate a new series of disputes between the parties, it can be helpful for the lawyer to discuss the children's money with the client, emphasizing what can - and cannot - be done with it.
Litigation
August 27, 2003
Recent cases of importance to your practice.
'Kids Count'
August 27, 2003
Whether you represent the father or the mother in a custody dispute, every attorney has an obligation, professionally, ethically, and morally, to make certain that the children involved in a case are protected. Some practitioners find it difficult to protect the child's interest, while at the same time being expected to advocate properly on behalf of one parent in the custody matter. After all, to represent a parent zealously may entail necessary action that could subject the child to psychological evaluations, interviews by the judge, and other litigation-related participation. Forcing a child to play an active role in a custody matter can cause him/her lifelong scars.
Defining 'Best Interest'
August 27, 2003
The 'best interest of the child' standard reverberates through countless judicial opinions involving children. Despite steady criticism of its indeterminacy and vagueness, it persists and even expands its legal domain.
Can a Woman Father a Child?
August 27, 2003
When can a woman become a father? According to the Superior Court of Pennsylvania, when she is a lesbian. In a recent case, the Pennsylvania Superior Court applied estoppel to impose child support obligations on a woman who 'fathered' five children. Specifically, the court affirmed an order requiring the woman to pay child support to her former lesbian partner after she sought and won custody rights to the children born during their relationship.
Interstate Custody Determination
August 01, 2003
<b><i>The Quest for Uniformity in a Mobile Society</i></b>"The chancellor in exercising jurisdiction upon petition does not proceed upon the theory that the petitioner, whether the father or mother, has a cause of action against the other or indeed against anyone. He acts as parens patrioe to do what is best for the interest of the child. He is to put himself in the position of a 'wise, affectionate and careful parent' and make provision for the child accordingly." <i>Finlay v. Finlay</i>, 240 N.Y. 429 (1925), citing <i>Queen v. Gyngall</i>, 1893, 2 Q.B.D. 232, 238 (Judge Cardozo).
Neutralizing the So-Called Neutral
August 01, 2003
<b><i>How to Deal with Negative Custody Evaluations and Guardian Ad Litem Reports</i></b> In terms of the art world, a designer "tames the material to an application." That is exactly analogous to the lawyer's purpose when a Custody Evaluator or Guardian <i>Ad Litem</i> (CE/GAL) is brought into a case. Using certain practice and trial techniques, you can minimize the negative impact of a report from a "less-than-neutral" CE/GAL in a custody dispute.
A Case in Point
August 01, 2003
A look at <i>Bates v. Perez</i>, Nos. 2-02-0488, 2-02-0526, 2-02-0597, Ill.App.Ct., July 9, 2003.
Litigation
August 01, 2003
Key cases of interest to you and your practice.
Abused Children Benefit from Powerful Ruling
August 01, 2003
New York's highest court, the Court of Appeals, threw a lifeline to abused and neglected children with a powerful ruling that streamlines the adoption process and makes it easier to terminate parental rights in the most severe cases.
