We are proud to offer a selection of blogs covering different geographies and areas of the law. Please see below for a brief description of each, or jump to our recent posts.
New Jersey Family Law Blog
Fox Rothschild's New Jersey Family Legal Blog provides practical information and useful tips related to such topics as alimony, child support, custody, parenting time, divorce, equitable distribution, prenuptial agreements, domestic violence and grandparent visitation. This blog is an excellent resource for individuals with New Jersey specific family law questions and advisors whose clients may encounter family law issues.
View the New Jersey Family Law Blog
Pennsylvania Family Law Blog
The Pennsylvania Family Law Blog provides readers with information on and insight into Pennsylvania Family Law issues, including divorce, equitable distribution, alimony, child support, spousal support, alimony pendente lite, and custody.
View the Pennsylvania Family Law Blog
Delaware Family Law & Trial Practice Blog
Our Wilmington litigators navigate through Delaware’s Family Court, Superior Court and Court of Common Pleas, providing analysis on matters, identifying new cases and developments, detailing the implications of court decisions and offering step-by-step commentary of the trial process.
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Recent Blog Posts
- The Examination Of A Child In A Protection From Abuse Hearing Governor John Carney recently signed House Bill 141 into law. The Bill amends Section 1042 of Title 10 of the Delaware Code regarding protection from abuse proceedings by creating a new subsection (f). This subsection permits the Family Court to interview a child outside of the presence of the parties. Specifically, the Bill provides: 1042. Commencement of action; procedure. (f) The Court may examine a child outside the presence of the parties for the purpose of obtaining the child’s testimony and ascertaining the truth of a matter asserted... More
- A Rainbow by Any Other Name-Legal Name Change Granted for Transgender Child In a case of first impression in New Jersey, I was privileged to represent the mother and custodial parent of a transgender child in a contested, but successful, application for the child’s legal name to be changed to the name which more accurately reflects the gender with which he identifies. The case, Sacklow v. Betts, has resulted in a reported decision (precedential) and gives guidance for judges who will no doubt be addressing these issues in the future. Janet Sacklow retained counsel... More
- Bitcoin Redux with an Ethereal Twist We last wrote about Bitcoins in late March, 2014. The principal concern we expressed at that time was that these cryptocurrencies might form a refuge from financial disclosure in the typical divorce setting. The specifics of how these assets work is in the earlier article and available on line as part of our archive (search: bitcoin). The one thing that had to discourage this medium of investment was its volatility. People who buy a currency tend to like it to... More
- Sua Sponte Reinstatement Of Dismissed Final Restraining Order Violates Due Process, Appellate Division Says Notice and opportunity to be heard is one of the most fundamental tenants of due process in this country. Every litigant, no matter how small the case, has the right to have his or her “day in court.” As we learn in the recent Appellate Division decision of T.M.S. v. W.C.P., that applies equally to a plaintiff – the party bringing the action – and to a defendant – the party defending against the action. Some background as to the Prevention... More
- Supreme Court Addresses The Application Of A Rebuttable Presumption The Sex Offenders Act is found in Chapter 7A of Title 13 of the Delaware Code. Section 724A of the Sex Offenders Act imposes a rebuttable presumption “that no sex offender shall be awarded sole or joint custody of any child, that no child shall primarily reside with a sex offender, and that no sex offender shall have unsupervised visitation with a child.” In the case of Division of Family Services v. Mark O’Bryan, No. 175, 2016 (May 31, 2017) the... More
- Family Court Releases Electronic Order Request Forms Family Court has not yet moved to the electronic filing system used by other Delaware Courts. However, effective today, June 1, 2017, attorneys and litigants in Family Court may request to receive orders issued in all their civil matters by encrypted email rather than U.S. mail. To do so attorneys may complete and file Family Court Form 613 and litigants may complete Family Court Form 614. ************ Leslie Spoltore is a Partner with the law firm Fox Rothschild LLP. Leslie practices in Fox Rothschild’s Wilmington, Delaware... More
- Don’t Forget To Celebrate – May Is National Foster Care Month By the President of the United States of America A Proclamation During the month of May, we observe National Foster Care Month and we celebrate those who have opened their homes and their hearts to children in need and those who have devoted their careers to serving America’s foster youth. Americans throughout the country are serving their communities as foster parents, mentors, respite care providers, and volunteers. In the last year alone, America’s foster families opened their homes and hearts to more than... More
- How Can The Answer Be No Before You Know What The Question Is? We have all had those cases where any request that we made, big or small, has been rejected by the other side and any requests that our client has made to her/his spouse is similarly rejected. They don’t agree to informally provide discovery that they will eventually have to provide formally (and then maybe even not then). They won’t agree to a mediator because you proposed him or her. They won’t agree to a joint expert, for the same reason. ... More
- Support Persons In Family Court The Delaware Constitution, Delaware Code and the court rules specify whether Family Court matters are open or closed to the public. If a matter is closed, generally only the parties, their legal counsel, and their witnesses are allowed to be present. The Court understands, however, that litigation can be stressful. In some cases, the presence of a someone to provide moral and/or emotional support can be helpful to a litigant. To that end, the Court recently created a process to assist litigants in requesting the attendance of a support person in closed proceedings. Additional... More
- Could Service of Process Via Facebook Be the Way of the Future? Ah, technology. In this modern world, we navigate the roads on our phones instead of a map. We talk to a cylindrical tube to tell it to order more toilet paper for us, tell us the weather, read us the news, or turn on the lights. We don’t remember anyone’s phone number because they are all stored for us on our phones. And we obtain personal jurisdiction over an out-of-state defendant via Facebook. The legal world is, perhaps, notorious for its... More
- Court Appointed Special Advocates Needed! Prior posts have addressed the important role of child advocates in Family Court. CASAs, or Court Appointed Special Advocates, are one example of the wonderful advocates who volunteer their time to represent Delaware’s children in Family Court. Across Delaware, over 200 volunteer Court Appointed Special Advocates (CASAs) build close relationships with and serve as one-on-one advocates for children in foster care. The CASA program recruits and specially trains these volunteers from the community, who are then appointed as advocates by a Family Court Judge. The CASA... More
- I’m Not a Bad Parent but I Play One on YouTube While Alex Jones was the most recent high-profile example of a controversial public persona creating very personal and private problems, he is certainly not alone. Similar in theme, but not in execution is the case of the Michael and Heather Martin who are described as “YouTube stars” and post to a channel with over 760,000 subscribers. Their shtick is to torment their five children (three together; two are Michael’s kids from another relationship) by, “verbally [berating them], frequently to the point... More
- Your Divorce Is Not a Community Event We live in an age of instant information where there is constant temptation to share what one is doing and thinking. We are used to sharing our experiences and thoughts freely. The temptation becomes even greater when we are in times of stress. And, while this is a universal tendency that has always been prevalent, today we have a new means of making our thoughts known; through electronic writing. A recent case outside the domestic relations realm informs us of the... More
- Public Persona And Custody The Delaware Family Court decides custody and visitation actions based on the best interests of a child. To make that determination the Court must consider specific factors listed in Section 722 of Title 13. In addition, the Court may consider any other relevant information. What is relevant is a case-by-case analysis. For public figures like Alex Jones public statements or their public persona could be relevant. A recent post by Aaron Weems, a Partner in our Blue Bell, Pennsylvania office, examines the... More
- Same Sex Common Law Marriage Established by Superior Court Since the striking down of the Defense of Marriage Act by the United States Supreme Court, many state courts have been trying to fill in the legal vacuum created between the legality of same-sex marriage and the lack of codified law through legislation. Though many Courts of Common Pleas have taken on issues, it really requires good appellate decisions to establish precedential authority on an issue. This can take time since it requires the confluence of good facts applied to the... More