Many men who donate sperm have no intention of being a father to any potential child and particularly no intention to pay child support for that child. But intentions aren’t enough; compliance with the state’s parentage law is. Continue reading
For each attorney, there are many cases that he or she ought to turn down. One reason to decline a case is a client that is likely to be nothing but trouble for you. Continue reading
The recent Supreme Court decision that permitted same-sex marriages to resume in California may mean more engagement rings will be given here than ever. It’s a good time to brush up on the law—do you know who gets to keep the ring if the engagement is broken?
Going to the Chapel or Staying Alive: Marital Deduction for Registered Domestic Partners after Windsor
It may not be too soon to draw some inferences from the Supreme Court’s decision in U.S. v Windsor extending federal law benefits of marriage to lawfully married same-sex spouses. Continue reading
Update: On June 26, 2013, the U.S Supreme Court reversed the judgment of the South Carolina Supreme Court and remanded the case for further proceedings based on its holding that 25 USC §1912(f) (part of the Indian Child Welfare Act) doesn’t apply when the parent opposing the adoption never had custody of the Indian child.
An episode of A&E’s series Longmire (“The Dog Soldier”) delved into the complicated world of Indian child fostering and adoption. The show got the law wrong, but that’s not surprising in this complicated area. Although the Supreme Court may offer some clarity in its upcoming decision on the appeal of Adoptive Couple v Baby Girl (SC 2012) 731 SE2d 550, it would take the wisdom of Solomon, invoked wistfully by Justice Kennedy, to fashion a happy outcome for one Indian child. Continue reading
Many family law attorneys are used to doing it all and wearing many different hats. But financial discovery can get complicated enough to warrant bringing in a specialist. Continue reading
For every parent, the most important function of his or her will is the nomination of a guardian for minor children. Continue reading
Going through a divorce is difficult on many levels. Your client may feel like his or her personal life is laid bare for everyone to see. As an attorney, you can’t protect your client from the emotional exposure involved in divorce, but you can take measures to protect your client’s financial laundry from being publicly aired. Continue reading
It may not seem very romantic to discuss prenups right before Valentine’s Day, but some people consider them to be an important bridge to cross on the way to happily married life. Continue reading
The following is a guest blog post by Frederick Hertz, an attorney and mediator based in Oakland, CA, and the author of the ABA treatise Counseling Unmarried Couples: A Guide to Effective Representation.
One of the worst forms of discrimination against same-sex couples is discrimination in the form of legal complexity. The twists and turns of same-sex partnership law over the past ten years—both in California and federally—have resulted in a morass of legal uncertainty, and the litigation flowing from these complications is just now beginning to hit the appellate courts. Continue reading