05 May

Families by Law: An Adoption Reader

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My husband had a state retirement pension thru. Moreover, the terms spouse is gender neutral, also making section 248 applicable to gay marriages, or gay couples holding out to be marriage. Government Code section 12419.5 allows the State Controller to deduct from income tax refunds amounts owed to a state agency for child support payments. Section 5336 is referred to in section 5337 of this title. (a) Applicability.--This section applies to any proposed relocation. (b) General rule.--No relocation shall occur unless: (1) every individual who has custody rights to the child consents to the proposed relocation; or (2) the court approves the proposed relocation. (1) The party proposing the relocation shall notify every other individual who has custody rights to the child. (2) Notice, sent by certified mail, return receipt requested, shall be given no later than: (i) the 60th day before the date of the proposed relocation; or (ii) the tenth day after the date that the individual knows of the relocation, if: (A) the individual did not know and could not reasonably have known of the relocation in sufficient time to comply with the 60-day notice; and (B) it is not reasonably possible to delay the date of relocation so as to comply with the 60-day notice. (3) Except as provided by section 5336 (relating to access to records and information), the following information, if available, must be included with the notice of the proposed relocation: (i) The address of the intended new residence. (ii) The mailing address, if not the same as the address of the intended new residence. (iii) Names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (iv) The home telephone number of the intended new residence, if available. (v) The name of the new school district and school. (vi) The date of the proposed relocation. (vii) The reasons for the proposed relocation. (viii) A proposal for a revised custody schedule. (ix) Any other information which the party proposing the relocation deems appropriate. (x) A counter-affidavit as provided under subsection (d)(1) which can be used to object to the proposed relocation and the modification of a custody order. (xi) A warning to the nonrelocating party that if the nonrelocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of the notice, that party shall be foreclosed from objecting to the relocation. (4) If any of the information set forth in paragraph (3) is not known when the notice is sent but is later made known to the party proposing the relocation, then that party shall promptly inform every individual who received notice under this subsection. (1) A party entitled to receive notice may file with the court an objection to the proposed relocation and seek a temporary or permanent order to prevent the relocation.

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05 May

Core Statutes on Family Law

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In addition, with the advent of adoptions by same-sex couples and the subsequent dissolution of some relationships, life will certainly become more complicated and more planning will be necessary. Ann Haralambie is a family law attorney in Tucson, Arizona. - This article is an abridged and edited version of one that originally appeared in Family Advocate, Winter 1999 (21:3). The Juvenile Court handles custody if the parents are unmarried or in situations involving child abuse and neglect.

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05 May

Valuation Strategies in Divorce (Family Law Library)

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Military service or service defined. (a) In the case of a parent who is a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or a Reserve component of these services, "military service or service" means a deployment for combat operations, a contingency operation, or a natural disaster based on orders that do not permit a family member to accompany the member on the deployment. (b) In the case of a parent who is a member of the National Guard, "military service or service" means service under a call to active service authorized by the President of the United States or the Secretary of Defense for a period of more than thirty consecutive days pursuant to 32 U.

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05 May

Casenote Legal Briefs: Constitutional Law, Keyed to Sullivan

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Thus, the final Insofar as marriage is within temporal control, the States lay on the guiding hand. “The whole subject of the domestic relations of husband and wife, parent and family law has come into conflict with a federal statute, this Court has limited “positively required by direct enactment” that state law shall be preempted. in the domestic relations arena, which includes incidents of marriage, divorce, and considerations in the family law area.

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05 May

The Aryan Household, Its Structure And Its Development: An

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Jonathan Lusk understands the obstacles many clients face. The provisions of this Rule 1910.17 amended November 7, 1988, effective January 1, 1989, 18 Pa. To encourage prompt resolution of discovery disputes, the Court may facilitate telephone conferences and other good faith efforts to resolve discovery disputes at the earliest possible times, as well as providing written confirmation of such efforts and resulting stipulations in Court file memoranda or Orders. The mere fact that a property settlement is agreed to and signed by the parties will not, in and of itself, cause the agreement to be a domestic relations order.

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04 May

Matrimonial Property and Finance 1990: Suppt. to 3r. e

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Establishing liability in civil proceedings. § 5506. Going through a divorce, custody dispute, or other domestic relations matter can be extremely difficult. E.2d 6 (1992) (in light of requesting attorney's evasive testimony, proper to award only $9,000 of $17,810 in requested fees). Section 5451 is referred to in section 5449 of this title. (a) General rule.--The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. (b) Assessment against a state.--The court may not assess fees, costs or expenses against a state unless authorized by law other than this chapter.

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04 May

Live in Relationship & Hindu Marriage

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If both parents agree that it would be beneficial for a child to meet with the mediator directly, such a meeting can be arranged. By contract, both parties and both lawyers agree not to litigate. App. 655, 505 A.2d 868, 876 (1986), the court expressly refused to limit the fee to the "lodestar" amount (the product of the time and rate): Certainly time spent and hourly rate are important factors. Your attorney will need to work with police officials and family members to ensure your safety and the safety of your children.

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04 May

Tennessee Parent Relocation Law

Miles Mason Sr

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The court may appoint counsel or a guardian ad litem to represent any child who has not reached the age of 18 years and is subject to any other proceeding under this part whenever it is in the best interests of the child. A court of common pleas and the Philadelphia Municipal Court. "Department." Combined adjusted gross income defined. "Combined adjusted gross income" means the combined monthly adjusted gross incomes of both parents. " Commissioner" means any person appointed pursuant to section 18-102, who directs all child support establishment and enforcement services for the bureau for child support enforcement. (a) "Contingent fee agreement" means a contract under which an attorney may be compensated for work in progress, dependent on the occurrence of some future event which is not certain and absolute.

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04 May

Family Law (Casebook)

Leslie J. Harris

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The attorneys at Bianco Professional Association are experienced in courtroom settings and have argued numerous trials. Family court judges hear cases involving divorce; annulment; separate maintenance; paternity; grandparent visitation; issues involving allocation of parental responsibility; and family support proceedings, except those incidental to child abuse and neglect proceedings. Describe and apply the rules of custody of biological children, adoption and the termination of parental rights.

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04 May

European Family Law in Action. Volume V - Informal

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In both courts, opinions are released as "slip" opinions, and are subject to motions for reconsideration, which must be filed within 10 days, and editorial review by the Official Reporter, so the slip opinions cannot be considered final until this process is complete. Unless the special circumstances of the case justify a deviation, the court or the child support recovery unit shall establish a monthly child support payment of twenty-five dollars for a parent who is nineteen years of age or younger, who has not received a high school or high school equivalency diploma, and to whom each of the following apply: (1) The parent is attending a school or program described as follows or has been identified as one of the following: (a) The parent is in full-time attendance at an accredited school and is pursuing a course of study leading to a high school diploma. (b) The parent is attending an instructional program leading to a high school equivalency diploma. (c) The parent is attending a vocational education program approved pursuant to chapter 258. (d) The parent has been identified by the director of special education of the area education agency as a child requiring special education as defined in section 256B.2. (2) The parent provides proof of compliance with the requirements of subparagraph (1) to the child support recovery unit, if the unit is providing services under chapter 252B, or if the unit is not providing services pursuant to chapter 252B, to the court as the court may direct.

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