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Article • November 15, 2011 • from PLN November, 2011
U.S. Supreme Court Holds Civil Contemptor Facing Incarceration Requires Procedural Safeguards Absent Counsel by The U.S. Supreme Court held on June 20, 2011 that counsel need not be provided to a person facing civil contempt for failure to pay child support so long as the state has “in place alternative …
Article • November 15, 2011
New York Court of Appeals Upholds Sex Offender Visitation Rights by The New York Court of Appeals, Third Division, upheld a family court’s ruling that the father who is convicted of 49 counts of child molestation of his male students be granted visitation rights with his young daughter. The New …
Article • August 15, 2011
California’s Child Abuse Database (CACI) Violated Due Process by Mark Wilson By Mark Wilson The Ninth Circuit Court of Appeals held that California’s “Child Abuse Central Index” (CACI) database violates due process because identified individuals are not given a fair opportunity to challenge the allegations against them. Under California Penal …
Article • July 15, 2011
Gifts Not “Income” for Pennsylvania Child Support Orders by The Commonwealth Court of Pennsylvania held that the Pennsylvania Department of Corrections (DOC) applied an erroneous definition of “income,” to withdraw funds from a prisoner’s trust account. On May 26, 2005, a trial court issued an order to withhold income for …
Article • July 15, 2011 • from PLN July, 2011
Georgia: Child Support Contempt Findings Create Debtor’s Prisons by David Reutter by David M. Reutter The Great Recession has put millions of Americans out of work, which has caused more people than usual to become delinquent on their child support obligations and other debts. Many courts, especially those in Georgia …
Article • May 15, 2011
Referendum Petition Not Protected by First Amendment by On May 18, 2009, Senate Bill 5688 was signed by Washington's Governor, expanding the rights and responsibilities of state-registered domestic partners. On May 25, 2009, a referendum petition opposing the bill was submitted by Protect Marriage Washington (PMW) to the Secretary of …
Article • May 15, 2011 • from PLN May, 2011
Filed under: Family, Family Law
Practice of Jailing Parents Who Owe Child Support Raises Questions, Concerns by Matthew Clarke by Matt Clarke Statistics from fiscal year 2009-2010 indicate that parents living in the San Antonio, Texas area who fail to pay child support run a greater risk – five times greater – of being jailed …
Hernandez- Rojas v. USA, CA, Order App of Guardian ad Litem, detainee death Homeland Security, 2011 Case 3:11-cv-00522-L -NLS Document 7 Filed 03/24/11 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 ) ) ) ) ) …
Brief • March 22, 2011
Hernandez- Rojas v. USA, CA, Petition App of Guardian ad Litem, detainee death Homeland Security, 2011 Case 3:11-cv-00522-L -NLS Document 4 Filed 03/22/11 Page 1 of 3 Case 3:11-cv-00522-L -NLS Document 4 Filed 03/22/11 Page 2 of 3 Case 3:11-cv-00522-L -NLS Document 4 Filed 03/22/11 Page 3 of 3
City of Salem Settles §1983 Suit for $105,000 by City of Salem Settles §1983 Suit for $105,000 The City of Salem, Oregon has agreed to settle a civil rights suit that raised a variety of different claims surrounding the arrest and detention of a family and their children. On February …
Article • January 15, 2010
Washington Prisoners Have The Right To Seek Divorce by A prisoner’s due process right of access the courts includes the right to bring actions for dissolution of marriage and related matters, the Supreme Court of Washington decided March 26, 1987. The court’s decision comes in response to an appeal by …
Article • December 15, 2009
Living with Cellmate is “Cohabitation” in Florida and Voids Alimony by Florida’s Fourth District Court of Appeals has held that a woman who was sentenced to serve nine years in prison was cohabitating with “another person” and it voided her alimony under her marital settlement agreement. That agreement provided that …
Article • May 15, 2009
Writ of Mandate Granted in Child Custody Dispute by In October 2007, Orange County Social Services Agency (SSA), in California, took custody of a woman's two-year-old son following her incarceration for allegedly having sex with a minor. In January 2008, the Court ordered the SSA to prepare a case plan …
Article • April 15, 2009
Iowa Parental Rights Not Terminated Upon Imprisonment by The Iowa Court of Appeals has upheld a lower court’s order refusing to terminate the parental rights of a couple imprisoned for selling drugs in the presence of their minor children. On January 22, 2007, Juan and Maria were arrested for selling …
$16,000 Awarded in Father's Day False Arrest by On November 30, 2005, John McHenry of Delaware County, Pennsylvania was awarded $1,000 in compensatory damages and an additional $15,000 in punitive damages as a result of his civil rights suit for false arrest. On June 16, 2002, Father's Day, McHenry was …
Article • January 15, 2009
No Right to Appointed Counsel In Washington Marriage Dissolution Proceeding by Washington State resident Brenda King appealed the denial of state funded counsel in a child custody based dissolution of marriage proceeding. The court affirmed the denial holding that no right to free counsel existed in a dissolution proceeding. Brenda …
Article • January 15, 2009
Child Support Obligation While Incarcerated Should Reflect Actual Earnings And Resources by West Virginia State prisoner Christopher Adkins appealed a 2006 court order denying his request to reduce or waive his support obligation while incarcerated. The denial was partially reversed and remanded to reflect his actual income and available resources. …
Article • October 15, 2007 • from PLN October, 2007
Mere Possibility of Parole Insufficient to Prevent Texas Prisoners’ Parental Rights Termination by Matthew Clarke The Texas Supreme Court held that the mere possibility of parole within the two-year imprisonment requirement of § 161.001(1)(Q), Texas Family Code, was insufficient to prevent termination of a prisoner's parental rights. William Keith M. …
Article • May 15, 2007
Filed under: Family, Family Law
Oregon: Imprisonment Warrants Suspension of Child Support Payments by The Court of Appeals of Oregon held that a prisoner's child support payments should be suspended until 60 days after his release from prison. Cecil Edmonds, an Oregon state prisoner, filed a motion to modify the child support provision of his …
Article • May 15, 2007
New Mexico: No Due Process Violation in Hearing by Phone by The Court of Appeals of New Mexico held that due process obligations in a parental rights termination hearing were met by allowing the child's father to participate by telephone; that the trial court was not obligated to make further …
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