Family Law Newsletter

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. More...

Adoption and Safe Families Act - Reasonable Efforts

The Family Preservation and Support Services Act required states to make "reasonable efforts" to reunify families and prevent the permanent removal of a child from his or her home. The Adoption and Safe Families Act (ASFA) attempts to clarify the "reasonable efforts" requirement. More...

Minors and Medical Treatment - Parental Consent

Generally, parental consent is required before a minor can receive medical treatment. Most states define a minor as a person under the age of 18. State laws make an exception to the parental consent requirement in emergency situations. Minors can receive emergency medical treatment without parental consent. More...

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. More...

Marriage of Underage Children

In most states, a person must be 18 in order to marry; however, in many states a minor 15 years or older may get married with legal permission from a parent or guardian. You have to be 16 to get married with parental consent in the State of New York. If you are under 16, you need a court order giving you permission to marry. More...