Hester, Schem, Hester & Batson
Family Law Newsletter
Exclusive Jurisdiction of Original State Under UIFSA
 
Under the Uniform Interstate Family Support Act (UIFSA), there is only one controlling support order even when multiple states are involved in enforcing it. Once a support order is established, the issuing state has continuing, exclusive jurisdiction to modify that order. The issuing state retains exclusive jurisdiction to modify, upon proper petition, so long as one of the individual parties or the child continue to reside in that state. Modification jurisdiction may be sought in child support cases only when all individual parties and the child have left the issuing state or when the parties have agreed in writing for another state to exercise jurisdiction. More...
 
Self-representation In a Divorce Action
 
There is no requirement that parties to a divorce action hire an attorney to represent them during the divorce proceedings. Either party or both parties may represent themselves during their divorce proceedings. Whether one chooses to represent themselves or hire an attorney, is a personal choice. One should weigh the advantages and disadvantages involved in self-representation.More...
 
Uniform Marriage and Divorce Act
 
The Uniform Marriage and Divorce Act (UMDA) is an extensive uniform law which provides standards governing marriage, divorce, property distribution, alimony, child support, and custody. Arizona, Colorado, Illinois, Kentucky, Minnesota, Missouri, Montana and Washington have adopted it. The major provisions eliminate fault divorces, eliminate traditional defenses to divorce, provide for equitable distribution of property in non-community property states, provides for distributing community property, provide for alimony only in specific circumstances, and base child support and custody on certain factors.More...
 
Long Distance Caregiving, Hiring a Caregiver, and Medicare
 
Many adult children no longer live in close proximity to their parents. Often times either children or parents relocate due to employment or retirement. If a parent falls ill, the task of caring for the parent in a long distance capacity may be very difficult and stressful. Moreover, long distance caregiving is a time-consuming endeavor.More...
 
Contested Adoptions Initiated by a Biological Parent
 
The consent of the biological parent or guardian of the child must be obtained before a valid adoption can take place, unless there has been a waiver or forfeiture of parental rights. Therefore, if it can be shown that the biological parent or guardian did not consent to the adoption, there may be sufficient grounds upon which to set it aside.More...
 
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