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Click here to view the January 2014 Family Times Newsletter
By: Kate White, via West Virginia Gazette
CHARLESTON, W.Va. — West Virginia law governing name changes is outdated and reflects sexist attitudes, according to a state Supreme Court justice.
In a dissenting opinion filed May 21, Justice Margaret Workman outlined her views and took her colleagues to task for relying on outdated traditional values and Anglo-American customs.
The court’s majority opinion reversed a ruling by Monongalia Circuit Judge Phillip Gaujot, granting a petition allowing a woman to hyphenate her daughter’s surname.
Relying on cases dating back to 1977, the court overturned the case saying the woman failed to provide clear and convincing evidence the change would benefit her daughter.
“… the name of a minor child cannot be changed from that of the father unless … by clear, cogent and convincing evidence it is shown that such change will significantly advance the best interests of the child,” the court wrote reaffirming the 1977 decision.
Workman challenges that rule, pointing out that the requirement of clear and convincing evidence is rarely applied to cases where constitutional or property rights aren’t involved.
Citing cases from other states, Workman wrote, “our precedents are outmoded and completely unmoored from what should be the focus in these cases: the best interests of the child, taking into account the realities of the child’s living circumstances.”
Read the rest of the article here: http://www.wvgazette.com/News/201306010018?page=1
Per curiam opinion. Reversed and Remanded Appeal from Circuit Court of Hardy County.
Issue: Notice and pleading requirements in modification of custody proceeding.
Read the opinion here: http://www.courtswv.gov/supreme-court/docs/spring2012/101634.pdf
Posted in News
West Virginia University’s College of Law has been recognized as a “Top Tier” law school by U.S. News and World Report’s 2013 edition of “America’s Best Graduate Schools” for the third consecutive year, according to a news release from WVU.
The College was also named a “Go-To” law school by the National Law Journal last week. Officials said the College was also ranked 15th nationally in Best Law Schools in Public Interest in the Winter 2011 edition of preLaw Magazine.
Officials said the College of Law was named one of the “Top 40 Best Value” law schools as well.
“Clearly, the momentum at the WVU College of Law continues to build,” said Joyce McConnell, College of Law dean. “Being recognized as a Top Tier law school by U.S. News and World Report and as a “Go-To” law school by the National Law Journal puts us among the top institutions in the country and reflects the hard work of our students and faculty. Our recent initiatives and future plans will help us build on this trajectory.”
WVU recently initiated three new educational opportunities that help state citizens and enhance the education of future lawyers. Officials said the College of Law also launched its Center for Energy and Sustainable Development under the leadership of Professor James Van Nostrand.
WVU became the first law school in the country to partner with a Veteran’s Administration hospital, the Louis A. Johnson VA Healthcare System of Clarksburg, which serves 23,000 veterans in late 2011, according to the news release.
Officials said law students who work in the College of Law’s Clinical Law Program will provide veterans with free legal representation through the Veterans Assistance Program.
Read Full Article: http://law.wvu.edu/news_events/2012/03/13/wvu-recognized-as–top-tier–law-school-by-u-s–news-and-world-report
Original article: http://www.wboy.com/story/17146944/wvu-recognized-as-top-tier-law-school-by-us-news-and-world-report
Posted in News
Click here to see list of 2012 completed legislation related to family law.
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Bills by Category:
Abuse & Neglect
Abortion
Adoption
Bonds/Criminal
Children
Child Support
Divorce
Domestic Violence
Retirement
Spousal Support
Wills
*Note: Post updated frequently.
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Posted in News, Spousal Support
By Debra Cassens Weiss, ABA Journal, 9/27/11
A new law in Massachusetts curbs lifetime alimony payments by creating caps on alimony based on the length of the marriage.
Gov. Deval Patrick signed the law on Monday, report the Boston Globe (reg. req.), the New York Times and the Wall Street Journal (sub. req.).
According to the Times, alimony to a spouse in a marriage that lasted five years or less would be capped at half the length of the marriage. Alimony for marriages lasting 15 to 20 years would be capped at 80 percent of the marriage length.
The new law also allows judges to end alimony payments to spouses who live with a new partner, the Globe says. The aim is to encourage marriage and discourage cohabitation arrangements designed to allow a former spouse to continue collecting alimony.
The law also generally ends alimony payments when the one-time spouse paying the money reaches retirement age, the Wall Street Journal says.
Opponents say the law will encourage spouses to spend more time in abusive marriages to be eligible for more alimony.
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