family law

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Overview

Adoption refers to the act by which an adult formally becomes the guardian of a child and incurs the rights and responsibilities of a parent. At the conclusion of the formal process, a legal relationship between child and guardian will have...

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[Question(s) presented] [Issue(s)] [Facts] [Discussion] [Analysis] Issue

Under the ICWA, can a non-custodial parent or an unwed biological father prevent a non-Indian parent from pursuing adoption?

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Facts

Petitioners, Matt and...

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In child custody proceedings where custody between two parents is contested, courts use this doctrine to make decisions regarding which parent will have custody of the child, the nature of visitation rights, and the nature of child support payments. A...

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A valid divorce that is granted where both spouses are subject to personal jurisdiction in the jurisdiction where the divorce is granted, even if only one of the spouses is validly domiciled in that jurisdiction.

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Child custody: an overview

In cases of divorce, the court of jurisdiction for the divorce proceedings also determines child custody arrangements. Under the common statutory provision, if the spouses have children together while married, the...

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A divorce granted where both parties agree to the divorce and both go to a particular jurisdiction to obtain the divorce. However, this type of divorce is not valid if neither spouse is domiciled in the jurisdiction where the divorce was granted.

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Some states contain a statute applicable when a spouse, believing for a certain period of time that the other spouse is dead, marries another. If the original spouse returns, the marrying spouse may get a divorce. The length of time required varies...

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A divorce which is granted within a jurisdiction where only one of the spouses is validly domiciled. An ex parte divorce is valid even if one spouse is never domiciled within the jurisdiction where the divorce was granted or subject to personal...

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A proceeding brought in Family Court to establish the paternity of an illegitimate child, often with the purpose of establishing the father's duty to support the child.

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Definition

A guardian ad litem is a guardian that a court appoints to watch after someone during a case.

Overview

The person being watched over is called a ward, and a court will appoint someone to watch after the ward when the ward cannot...

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