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Family Law Articles

Adoption - Child Custody - Child Support - Divorce - Prenuptial Agreement - Separation

Bigamy and Polygamy
Author: Evan Bailyn
Bigamy is the act of a married person marrying yet another person. While the basic definition of bigamy is broad enough to include polygamy and the terms are occasionally used interchangeably, the practices differ. A bigamous person has two spouses; a polygamous person has many spouses.

Adultery
Author: Evan Bailyn
History Common law had it that adultery was not a crime unless the conduct was flagrant, in which case it was a public nuisance. Canon law in England provided for punishment by the church after consideration by the ecclesiastical court. Under ecclesiastical law, only a married person could be guilty of adultery.

The Law and Human Reproduction
Author: Evan Bailyn
The successful development and use of in vitro fertilization (IVF) as a solution to a couple's infertility problem has opened up a new and complex area of civil law. To begin, here is a review of the process and terminology: • Hormonal stimulation of the ovaries to produce multiple eggs • Removal of the eggs to a glass dish, where sperm are introduced • Upon fertilization in this environment, the egg divides and becomes a four to eight cell "pre-zygote."

Children and Parental Naming Rights
Author: Evan Bailyn
Many states used to operate from the presumption that it is in the child's best interests to retain the biological father's surname. Today, most courts will address the issues of surname and the child's best interest without that prejudice. Most name change petitions for children must be brought separate from a divorce or paternity action.

Child Injury Lawyers - Oklahoma
Author: T.Going
Child injuries are devastating and tragic events. Children are the most susceptible to many types of severe bodily injuries because of their participation in so many dynamic activities. Child injuries can vary from skinned knees and broken bones to permanent disability and sometimes even death.

Visitation, Custody and Parental Sexual Conduct
Author: Evan Bailyn
Manifestation of sexuality and sexual behavior patterns are relevant to custody and the scope of visitation. There are three areas of sexual conduct which enter into the court's consideration of visitation and custody issues. • When a parent has been guilty of adultery or other marital misconduct prior to the divorce; • When a parent begins a serious relationship or cohabitation following a divorce; • When the parent is homosexual.

Visitation Rights of Third Parties
Author: Evan Bailyn
Defining the Family The U.S. Supreme Court has clearly affirmed the right of parents as to the care, custody and control of their child. Historically, third parties such as grandparents, uncles, aunts and even step-parents have faced a difficult challenge in attempting to gain custody or even visitation of a child in the face of parental opposition.

Visitation and Parental Health
Author: Evan Bailyn
Mental Health Either during the course of a divorce proceeding or subsequent to its conclusion, the mental and physical health of a parent may be a factor in establishing the extent and type of visitation. Mental illness on the part of a parent may be used as a basis to try to deny or restrict visitation.

Visitation and Age
Author: Evan Bailyn
A child's age is an important consideration in defining visitation that is in the child's best interest. For example visitation for a child between two and five years might consist of two evenings a week for three hours and one twelve hour day.

The Fate of Intellectual Property In Divorce
Author: Evan Bailyn
"Intellectual property" refers to things like patents or copyrights, which have the potential to produce future income. When one spouse holds an interest in an item of "intellectual property", the courts see the income from this as marital or community property.

The Elements of Corroboration
Author: Evan Bailyn
When Corroboration is Required The corroboration of plaintiff's testimony pertaining to the reasons for divorce is required in several jurisdictions in order to prevent collusion or fraud. In most jurisdictions the law holds that, an explicit statute is required for the corroboration of plaintiff's testimony regarding the reasons for a divorce to be compulsory.

Sperm Donors and Child Visitation
Author: Evan Bailyn
When a person is artificially inseminated, it is normally the case that the sperm donor remains anonymous and wants no contact with the mother, the child, or the resultant parental responsibilities. There have been a few cases, however, which have given the sperm donor visitation rights where they were acquainted with the mothers and the insemination was accomplished without medical assistance or the use of medical facilities.

Restrictions on Parental Visitation
Author: Evan Bailyn
In general the courts, social science and common sense agree that in most instances circumstances should provide that, following divorce, children should have as normal a parent-child relationship as possible with both parents. The non-residential parent, not the custodial parent or the child, should be allowed to determine the place and manner of visitation.

Putative Father's Right to Access
Author: Evan Bailyn
A Father's Right to Access In legalese, the father of a child born out of wedlock is referred to as the "putative" father, meaning alleged or supposed parent. Regardless of the term, the parent -child relationship is constitutionally protected, and the father of a child born out of wedlock has the same right of visitation or access as the father in a marriage.

Premarital Agreements: How Do We Make It Work?
Author: Evan Bailyn
Consult an Attorney Many courts imply that consultation with an attorney is a prerequisite for a pre-marital agreement although it may not be a legal requirement. The courts have observed one frequent complaint when premarital agreements are disputed. The complainants often say they were not given the opportunity or time to obtain a legal opinion before the contract was finalized.

Premarital Agreements: What are They?
Author: Evan Bailyn
A premarital agreement, or prenuptial as they are sometimes called, are contracts written before a marriage, mainly about the division of money, property and the amount of spousal support. They have been very much a topic by the popular media and are often perceived as devices used by rich people to ensure that their marriage partner does not get all their assets if the marriage dissolves.

Personal Injury Assets in a Divorce
Author: Evan Bailyn
It is the charge of the trial court in a divorce proceeding to oversee equitable distribution of the marital estate. They have broad discretion in this matter, determining division of joint property and choosing to award the property of one spouse to another in any fashion that serves the ultimate goal of fairness.

IRA Benefits and Divorce
Author: Evan Bailyn
In the event of a divorce, the court has the authority to divide or allocate all the property and assets belonging to both parties. This includes pension plans and other retirement assets. Division of IRA Accounts Individual retirement accounts (IRAs) may fall under a different category.

Interference with Visitation
Author: Evan Bailyn
Most states have a policy that favors a child's access to both parents. A court may decide to award custody to the parent who will be support the other to maintain a relationship with the child. At least one court has determined that it is the responsibility of the custodial parent to encourage the relationship between the child and the other parent.

Insanity as a Defense in Divorce
Author: Evan Bailyn
Insanity has played a variety of roles in the defense of divorce cases. In general, courts have held that an act committed by a spouse as a result of that spouse's insanity does in and of itself provide grounds for divorce or separation.