Pretrial Motions in Divorce Actions

Often times divorce actions require litigation. If the parties decide that litigating the case is the only way to resolve the disputed issues, parties may need to file pretrial motions. A pretrial motion is a motion filed by either party requesting that the court take some action. Some issues need to be determined prior to the final conclusion of the case.

Out of State Move by Custodial Parent

In most states, courts permit a custodial parent to move out of state with the child if the parent has a legitimate reason for the move. Thus, noncustodial parents who seek to enjoin the custodial parent from moving or who seek to modify custody on the basis of a proposed move are generally unsuccessful.

Sexual Harassment in Schools

A school cannot be held liable for ignoring the usual schoolyard behavior such as teasing and cruel behavior. However, the school may be liable for failing to take reasonable action against serious and long-term student sexual harassment. Sexual harassment is defined as harassment on an individual on the basis of their gender.

Adoption and Safe Families Act - Termination of Parental Rights

The Adoption and Safe Families Act (ASFA) requires a state to file a petition to terminate a parent's parental rights to a child if:

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.