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Archive for the ‘Family Law’ Category

Arkansas Supreme Court overturns Arkansas Court of Appeals, holding that specific performance cannot compel performance of couple’s agreement after husband’s death.

Posted in Contract Law, Family Law, Property Law, tagged , , on March 31, 2010 | Leave a Comment »

Butcher v. Beatty, No. 09-1169. Thelma and John Healy were married in 1979. In 2006, a trial court found that Thelma was incapacitated and appointed Troy Butcher as guardian of Thelma’s person and Butcher and John as co-guardians of her estate. Butcher later filed a motion to sell the couple’s rental property held as tenants [...]

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Arkansas Court of Appeals holds that attorney for incompetent person is not entitled to attorney’s fees for challenge of guardianship.

Posted in Family Law, Practice & Procedure, Probate Law, tagged , , on January 14, 2010 | 1 Comment »

In re: the Estate of Mary Elizabeth Reimer, incompetent, No. CA09-770. In 2004, George Reimer petitioned for guardianship over his wife, Mary Elizabeth Reimer. The trial court found Mrs. Reimer incompetent and appointed Mr. Reimer as guardian over her person. Two years later, Mr. Reimer moved to change guardians, and Karen Hunter, Mrs. Reimer’s daughter, [...]

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Post-nuptial agreement regarding "indiscretions" is void.

Posted in Contract Law, Family Law, tagged on July 28, 2009 | 2 Comments »

In 2000, Vergestine Cooper discovered that Bernard, her husband of twenty-eight years, was having an affair.  In order to save their marriage, Bernard signed a contract to pay Vergestine $2,600 if his indiscretions led to a permanent breakdown of the marriage.  In 2005, Bernard disappeared, and Vergestine learned that he had continued the affair.  During [...]

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Tennessee man loses parental rights because of animal abuse in front of his children.

Posted in Family Law, tagged , on July 23, 2009 | 4 Comments »

The Tennessee Department of Children’s Services was granted temporary custody of a couple’s three children after six cases involving the family. The parents pleaded guilty to child abuse and neglect.  The parents were ordered to work on their issues related to anger, frustration, the mother’s medical needs, and establishment of a clean and stable home.  [...]

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Louisiana judge suspended for demeaning manner during domestic abuse hearing.

Posted in Ethics, Family Law, tagged on July 8, 2009 | Leave a Comment »

Judge Timothy C. Ellender, a Terrebonne Parish judge, was suspended by the Louisiana Supreme Court after his treatment of Eula Warren during a protective order hearing.  Ellender stated, “Heat, big smoke, but no fire. Dismissed,” and told Warren, “You want a divorce, get a divorce. You’re not getting a [temporary restraining order]. See y’all later.”  [...]

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"Homosexual environment" insufficient reason to remove infant from lesbian home.

Posted in Family Law, tagged , on June 19, 2009 | 3 Comments »

The West Virginia Supreme Court ruled that Kathryn Kutil and Cheryl Hess, a lesbian couple, was entitled to an order preventing the removal of one of their seven foster children to a “traditional” home.  In late 2007, the couple accepted the baby who was born with cocaine and oxycodone in her bloodstream.  A month later, [...]

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California’s Attorney General seeks to invalidate same-sex marriage ban.

Posted in Constitutional Law, Family Law on December 22, 2008 | Leave a Comment »

See the unfolding story here.

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Arkansas Supreme Court explains distinction between res judicata and collateral estoppel.

Posted in Family Law, Practice & Procedure on December 12, 2008 | Leave a Comment »

Powell v. Lane, No. 08-282 This case revolves around a fake marriage and adoption.  After mom and dad separated, mom petitioned the court to establish paternity for the child, alleging that she and dad had never been married and that he was the child’s father.  Dad was served, but never entered an appearance or filed [...]

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