Family Law Newsletters

Child Custody and Religion

Religion is usually not an issue in child custody proceedings, even if the parents practice different religions. For example, if a child has a Christian mother and a Jewish father, a court will not consider the merits of either religion in determining which parent should have custody of the child. The court will grant custody to one parent, or joint custody to both parents, and the child will be exposed to both the mother's religion and the father's religion.

Fraud During a Marriage or Relationship and Transmissions of a Serious Disease

Many states have recognized a cause of action for fraud during a marriage or relationship. Specifically, some states have recognized a plaintiff's claim that they were induced to have sex with a defendant based upon the defendant's representations as to his health or fertility. The states that permit this claim on the basis that the plaintiff did not actually consent to having sexual relations with the defendant.

Overview of a Putative Father

A putative father is an alleged father or a father out of wedlock. The putative father typically claims that he is the biological father of the child even though the mother failed to recognize his identity on the child's birth certificate.

Proxy Marriages

A proxy marriage is a marriage where the parties were not physically present in the presence of each other. Someone stands in for the other party because either the bride or the groom is not physically present for the wedding. During the solemnization of the marriage, based upon a power of attorney, an agent acts on behalf of one of the parties. The marriage is presumed valid if it is valid in the country that performs the ceremony.

Statutory and Other Types of Marriage

A marriage by definition is a union between a man and a woman. Every state has different requirements with respect to becoming legally and statutorily married.