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Likewise, the court upheld the requirement set forth mandating that either a child-parent relationship or a long-term personal relationship existed between the child and non-blood related intervenor under the concept of the fundamental right of the parent. The court noted that the issue in itself allowed for an intervenor with a legitimate ...
Burnham v. Superior Court of California, 495 U.S. 604 (1990), was a United States Supreme Court case addressing whether a state court may, consistent with the Due Process Clause of the Fourteenth Amendment, exercise personal jurisdiction over a non-resident of the state who is served with process while temporarily visiting the state.
Some states removed decisions of divorce, child custody and child support from Common Law courts and assigned them to courts of equity. Michael Newdow contended that the best interest of the child standard, as currently applied by family courts, violated the equal protection clause of the U.S. Constitution.
Shared parenting can be requested from the court by one parent after January 1, 2022. The Family Court has the right to maintain full parents rights after divorce/separation or order shared parenting even upon request of either parents. Post-divorce equal shared parenting is gaining ground, though it is not the most common way of child care ...
Troxel v. Granville, 530 U.S. 57 (2000), is a case in which the Supreme Court of the United States, citing a constitutional right of parents to direct the upbringing of their children, struck down a Washington law that allowed any third party to petition state courts for child visitation rights over parental objections.
After prior reviews in lower courts, the case was brought to the Supreme Court, asking "Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the free speech clause of the First Amendment, applicable to the states through the Fourteenth Amendment." [1]
The California Supreme Court ruling curtails the ability of public employees in the state to seek help from the courts in labor disputes. Public employees cannot use labor law to sue employers ...
In those states, the joint custody is the rule after divorce or the parents' separation. The Principles of the European Family Law regarding the parental responsibilities clarifies that the two parents are equal and their parental responsibilities should neither be affected by the dissolution or annulment of the marriage or other formal ...