Newsletters

Fraud During a Marriage or Relationship and Transmissions of a Serious Disease

Many states have recognized a cause of action for fraud during a marriage or relationship. Specifically, some states have recognized a plaintiff's claim that they were induced to have sex with a defendant based upon the defendant's representations as to his health or fertility. The states that permit this claim on the basis that the plaintiff did not actually consent to having sexual relations with the defendant.

Interspousal Tort Immunity Doctrine

Interspousal tort immunity is a doctrine that precludes tort actions between married individuals. The doctrine has common-law roots. The doctrine is based on the theory that a married couple is a single entity. In the early 1900s wives were considered the property of their husbands, therefore they were not permitted to sue their husbands. Obviously now this is no longer the case.

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.

Adoption Assistance & Child Welfare Act

The Adoption Assistance and Child Welfare Act of 1980 (Act) was passed by Congress in 1980. Lawmakers were concerned that many children were being removed from their homes unnecessarily and that, once they entered foster care, inadequate efforts were made to either reunify them with their biological families or place them with adoptive families. The Act was passed to correct or alleviate problems in the foster care system and to promote permanency rather than multiple foster placements. An additional goal of the Act was to encourage social workers to work toward reunification of the family and to avoid long-term foster care for the children if possible. If the child could not be returned to the family, another plan was to be sought such as adoption, long-term foster care, or some other resolution.

Child Support and the Military

Enforcement of child support with respect to active military personnel is different than that of enforcement of civilian child support. First and foremost, locating the military individual can be difficult.