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31 May 2011, 7:35 pm
It's important to be represented in Article 81 Guardianship matters by an attorney with decades of experience handling these types of cases. [read post]
13 May 2011, 5:28 pm
Here's a good example of something we call a "Morton's Fork":"The difficult question ultimately presented by this case is whether a four-year-old developmentally-delayed, possibly autistic child should be kept under the guardianship of his ex-convict uncle and his wife, who both have a history of substance abuse, or whether he should be returned to his father, who appears to be mentally ill. [read post]
15 Apr 2007, 9:01 pm
A Michigan judge presiding over family law cases thinks the law should change to make it tougher to terminate parental rights. [read post]
8 Jan 2021, 10:13 am by Kate Fort
This case disagrees with the really not great In re Austin J. case and is from the same appellate district. [read post]
22 Nov 2015, 9:05 pm by Stephen Bilkis
") §1702, in relevant part, provides as follows: "Where an infant has no guardian the court may appoint a guardian of his person...in the following cases: 1. [read post]
24 Feb 2020, 9:22 am by Stephen Bilkis
  In the case of In re A.W.J, the Bronx County Family Court considered whether a petitioner who was a non-parent, a non-relative, and a non-caregiver had standing to petition for guardianship of a child. [read post]
5 Jul 2015, 4:01 am by Administrator
Turning to the issue of institutional guardianship, while the declaration that the Appellant is a guardian in this case doesn’t preclude O’s adoption, something that is in fact contemplated in the appellate decision [paragraph 68], it does raise the issue of how an institutional guardian could be a co-guardian with a non-institutional guardian. [read post]
29 Nov 2022, 4:00 am
In the worst-case scenario, your children could end up in the foster system without access to the estate you left behind. [read post]
15 Mar 2010, 9:54 am by Robert A. Epstein
  A Court, however, may vacate an Order awarding kinship legal guardianship prior to the child’s 18th birthday in three situations:   (1) The Court finds by clear and convincing evidence that the guardian failed or is unable, unavailable or unwilling to provide proper care and custody of the child[.]; (2) The Court finds that kinship legal guardianship is no longer in the child’s best interests; or (3) A parent makes an application for the… [read post]
3 Jul 2024, 7:16 pm by Stephen Bilkis
A determination of neglect signifies a legal finding that a parent or caretaker has failed to provide adequate care, supervision, or guardianship for a child. [read post]
2 Jan 2019, 2:56 am by Walter Olson
Extended look at problems of the adult guardianship program in New York [John Leland, New York Times, earlier] “‘Professional Speech’: a Distinction without a Difference” after the NIFLA case [Cato podcast with Caleb Brown and Robert McNamara of Institute for Justice] New York enacts law imposing stiff new tax on opioid makers and wholesalers while forbidding them to recoup it by raising prices for buyers in other states. [read post]
25 Apr 2019, 3:01 am by Walter Olson
A suitable case for criminal prosecution? [read post]
5 Jan 2011, 9:01 pm by Hull and Hull LLP
At the January 13th Breakfast Series, Ian Hull will present on “Protecting as Estate from Unjust Enrichment Claims ” while Rick Bickhram will present on “Guardianship – What Is It and What Is Required” and I will present on “A Review of Recent Trust Case Law ”. [read post]
29 Dec 2007, 12:55 am
" Those three words should eliminate all use of the guardianship statute for paternity cases. [read post]
25 Jun 2013, 9:55 am by Charles Rubin
Jenna’s blog will primarily cover recent case law and statutory developments in Florida relating to probate, trust, and guardianship litigation. [read post]