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Showing posts from November, 2010

A family law case is now before the United States Supreme Court

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It is rare when the United States Supreme Court hears a child support case. However, there is a case before the Supreme Court now involving such an issue. In the case of Turner v. Price, Docket No. 10-10, Turner was incarcerated for one year for non-payment of child support. The South Carolina Court that heard the trial did not make a finding that Turner was indigent and did not appoint an attorney to represent him before sentencing him to jail. If Turner was sentenced in a criminal case, he would have had a court appointed attorney. However, in a civil contempt case, under South Carolina law, he didn’t qualify for a court appointed lawyer.
It doesn’t make any difference to a person if they are jailed in a civil case or a criminal case. Jail is jail either way. Violation of a court order may result in a case for civil or criminal contempt. The court has the power to jail people for violation of court orders. Some people violate court orders and fail to pay child support because they …

Do-it-yourself divorce kits

Single parent adoption

A recent case in Massachusetts addressed an issue that is frequently raised by parents who don’t want to pay child support and gave the same answer as always. In the case of ADOPTION OF MARIANO, 933 N.E.2d 677 (Mass.App.Ct. 2010) the father of a child wanted to relinquish parental rights so that he wouldn’t pay child support. Whenever this issue was raised in the past the court always refused to terminate parental rights. That is because the focus is the child and not the parent. Every child deserves two parents and every child deserves child support. As a result, the courts have always refused to terminate parental rights unless another adult sought to adopt the child.
In the case of ADOPTION OF MARIANO, 933 N.E.2d 677 (Mass.App.Ct. 2010) the mother sought a single parent adoption by which the father would relinquish all rights and duties towards the child and the mother would become a single parent. This is just another attempt to terminate parental rights of the father but with a t…

Guardianships and children living with relatives.

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Currently, there are many families that don’t follow the traditional pattern of two parents with children. Frequently, children are living with friends and relatives instead of their parents. When this happens, the parties should go to court and get a guardianship so that the custodial adults will have all the rights to act for the children as parents can. Although guardianships sound like a permanent loss of parental rights, this is not correct. Guardianships, like all orders and judgments relating to children, can be changed if the circumstances change. The natural parent wanting the child to return to the parents home may be sufficient to terminate the guardianship. A guardianship has many advantages including education, insurance, and medical care.
The child can go to school from the home of the custodian. Towns spend money for every student in the school system. They frequently oppose enrolling students who live with relatives unless there is a guardianship.
The custodial parent…

Health insurance for ex-spouse