Family Law Newsletters

Adoption and Safe Families Act - Permanency Plans and Hearings

The Adoption and Safe Families Act (ASFA) requires states to conduct a permanency hearing within 12 months of a child's placement in foster care and at least every 12 months thereafter for as long as the child is in foster care. The date of the child's placement in foster care is the earlier of the following two dates: the date of the first judicial finding that the child is abused or neglected, or 60 days after the removal of the child from his or her home.

An Overview of School Discipline

School discipline is an issue that may arise with respect to a student's improper activities while attending a public school. Typically, if the student commits an improper act, the situation is handled in an administrative manner without formal judicial review of the student's conduct. However, if the student's conduct was grossly improper or harmed the lives of others, judicial intervention may be necessary and required.

Child Citizenship Act of 2000 - Obtaining a Passport for a Child

Some children who are born outside of the United States may automatically acquire U.S. citizenship under the Child Citizenship Act of 2000. However, no proof of citizenship will be issued to the child's biological or adoptive parents unless such proof is requested. Parents may obtain proof of citizenship for their child by applying for a Certificate of Citizenship from the United States Bureau of Citizenship and Immigration Services (USCIS). In the alternative, the parents may apply for a passport for the child from the United States Department of State.

Elder Neglect

Elder neglect is a serious issue. This involves the neglect of an elderly individual. Elder neglect can range from instances where a caregiver withholds the appropriate attention from the elderly person to intentionally failing to meet the basic needs of the elderly person.

Gifts in Contemplation of Marriage

What if a marriage between two parties never takes place? Is the donor or the giver of the gift permitted to recover the premarital gift given to the recipient, his or her future spouse? Whether or not the donor is entitled to recover the premarital gift depends upon the circumstances. If the gift was conditioned on the marriage, either explicitly or implicitly, then the donor may recover the gift depending upon the facts in the case.