Family Law

10th Circuit reverses bigamy-law win for ‘Sister Wives’ family

After a Utah family and their plural marriages became the subject of a TLC reality television show in 2010, local authorities in Lehi opened an investigation to see whether the Sister Wives family should be prosecuted for violating the state’s bigamy law. Kody Brown and his four wives (one legal,…

Apr 13, 2016 3:25 PM CDT

Grandstanding motions could bring sanctions, judge warns in suit over lawyer ‘conflictineering’

A federal judge in Atlanta is warning litigants in a suit over a lawyer’s litigation tactics that they could face sanctions if they file court documents “for the purpose of harassment, intimidation or grandstanding.” U.S. District Judge Timothy Batten issued that warning in a March 31 order (PDF) allowing RICO…

Apr 11, 2016 5:45 AM CDT

After Florida repeals law, only two states still ban cohabitation

Unmarried couples who live together in Florida won’t be breaking the law any longer. Florida Gov. Rick Scott on Wednesday signed a bill into law that repeals the state ban on cohabitation by unmarried couples, report the Orlando Sentinel, the Miami Herald and the Palm Beach Post. With Scott’s action,…

Apr 7, 2016 12:32 PM CDT

‘Pandora’s box’ ruling by top New York court lets parent record child’s interaction with 3rd party

In New York, only one party needs to consent to permit a private individual to record a conversation. But such a recording is sometimes legal, and hence admissible in evidence, even if no one present during the interaction consents, the state’s top court held on Tuesday in a 4-3 decision.…

Apr 6, 2016 11:10 AM CDT

New Mississippi law lets those with ‘deeply held religious beliefs’ refuse service to LGBT community

Setting the stage for a showdown between civil rights groups and business owners with religious convictions against same-sex relationships, the governor of Mississippi on Tuesday signed a so-called religious freedom bill into law. More narrowly drafted than similar laws in some other jurisdictions, the Freedom of Conscience from Government Discrimination…

Apr 5, 2016 2:55 PM CDT

Judge who jailed tearful witness for failing to appear at domestic abuse trial agrees to reprimand

A Florida judge who jailed a sobbing woman for three days last year because she had failed to appear as a witness at a domestic abuse trial has agreed to be reprimanded. An agreed discipline stipulation (PDF) between Judge Jerri Collins of Seminole County and the Florida Judicial Qualifications Commission…

Mar 31, 2016 3:35 PM CDT

Bills in 18 states would provide free lawyers in some civil cases

Lawmakers in 18 states are considering bills that would provide government-funded lawyers for low-income people in some civil cases. The problem is getting attention as more people buffeted by the recession had to represent themselves in court, the Associated Press reports. Legal-aid groups have to turn away nearly a million…

Mar 31, 2016 5:45 AM CDT

Reprimanded judge says presiding over his own divorce case for several months ‘made no difference’

Reprimanded last month for presiding over his own divorce case for four months after it was randomly assigned to his own court, a Texas judge told a local newspaper that doing so did no harm. “This was my personal divorce,” said 383rd District Judge Mike Herrera to the El Paso…

Mar 23, 2016 3:00 PM CDT

Foster family vows appeal after losing custody of girl, 6, in fight over Indian child welfare law

A foster family is appealing to the California Supreme Court after losing custody of a 6-year-old girl in a battle over placement preferences required by the Indian Child Welfare Act. The girl known as Lexi was removed from the home of Rusty and Summer Page on Monday after a Friday…

Mar 23, 2016 10:04 AM CDT

Mom shot by son, 4, could face criminal case

A 31-year-old Florida woman who said she was shot by her 4-year-old son as the two were riding in a pickup truck could face a criminal case. The Putnam County sheriff’s office has recommended that a misdemeanor charge of allowing a minor to have access to a gun be pursued…

Mar 22, 2016 4:15 PM CDT

Lawmaker accused of firing 20 rounds into ex-wife’s car gets 10 months

A Michigan state senator accused of pointing an AR-15 at his ex-wife during an argument last year and then firing 20 rounds at her Mercedes Benz as she fled has taken a plea and been sentenced to 10 months behind bars. It hasn’t been determined by the court whether Sen.…

Mar 14, 2016 4:15 PM CDT

Attorney who defended himself at trial found guilty of trying to put contract hit on wife

A former bankruptcy practitioner in one of the collar counties outside Chicago has been convicted after a bench trial of unsuccessfully attempting to arrange a contract hit on his then-wife. Rejecting an argument by Robert Gold-Smith, who defended himself at trial, that a jailhouse “snitch” had faked a recording in…

Mar 9, 2016 2:50 PM CST

Alabama must recognize adoption by lesbian in Georgia, SCOTUS rules

In a summary disposition, the U.S. Supreme Court has reversed an Alabama Supreme Court decision refusing to recognize an adoption granted to a lesbian in Georgia. The Supreme Court ruled (PDF) on Monday that the full faith and credit clause required the Alabama Supreme Court to recognize the adoption. The…

Mar 7, 2016 9:28 AM CST

Alabama Supreme Court tosses petitions opposing gay marriage; justices argue impact

The Alabama Supreme Court on Friday dismissed petitions by conservative groups opposed to same-sex marriage, leading to a debate between two concurring justices on the impact of their action. The court dismissed the petitions in an 11-word order, report the Associated Press and AL.com. Chief Justice Roy Moore asserted in…

Mar 4, 2016 3:38 PM CST

Alabama lawyer files suit against 5 SCOTUS justices who OK’d same-sex marriage

An Alabama lawyer filed a federal lawsuit last week against five U.S. Supreme Court justices who OK’d the majority opinion in a 2015 decision finding that same-sex marriage is a constitutionally protected right. Austin Burdick, who says his practice focuses on protecting constitutional rights of U.S. citizens, seeks a declaratory…

Mar 1, 2016 1:30 PM CST