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Twitter Weekly Update 2012–May–13
- News: Ninety Days of the Kansas Legislature http://bit.ly/Kg9ilw
#KSLegislature: #KSHouse Votes 116–0 to Adopt #SB304 CCR,#FamilyLaw Recod #Cleanup and Batterers Certification http://bit.ly/y8MZjm#KSLegislature: #KSHouse Considering #SB304 CCR, including Family Law Recod Cleanup http://bit.ly/y8MZjm#KSLegislature: #KSSenate Passes HSub#SB79 CCR, Anti-Foreign (Anti-Sharia) Law Bill 33-4 http://bit.ly/JlFZLc#KSLegislature: NJ Case referenced in #KSSenate debate was decided on lack of criminal intent, not Sharia http://bit.ly/M49wNa#KSLegislature: NJ Case Referenced in #KSSenate Debate on#Sharia Was Reversed As Abuse of Discretion http://bit.ly/M49wNa#KSLegislature: #KSSenate Debating Motion to Not Accept HSub#SB79 CCR on Anti-Foreign (Anti-Sharia) Law Bill http://bit.ly/JlFZLc- Correction:
#KSLegislature: #KSSenate: SB102, Maps, Ruled Materially Altered. Referred to Committee
#KSLegislature: Senators seek fix for domestic violence contract problems http://bit.ly/LwOnIB via @BrentWistrom #dv#KSCourts: No Kansas Family Law Appeals Decisions Issued Today (2012-May-11)#KSLegislature: RT @mhickam: Kansas Senate in at 10am. Will concur on two bills and then leave Topeka. Back on Monday.#MaineCts: Maine Courts Have Clear Statutory Authority to Award #Paternity and Maternity in #ART Gestational Cases http://bit.ly/IYlUxb- News: Maine Courts Have Authority in ART Cases http://bit.ly/IYlUxb
- CMS has opened the public comment site for the
#KanCare Waiver http://bit.ly/JpaYq8 RT @ScottCBrunner
#KSLegislature Likely Heading Into Overtime After Wasting Much of the Regular Session http://bit.ly/J3arhk#KSCourts: Parental Preference does not automatically permit biological parent to override #ICWA placement factors http://bit.ly/JIlMhX#KSCourts: #ICWA applies to a non-Indian parent’s voluntary placement of Indian child with an #adoption agency. http://bit.ly/JIlMhX#KSCourts: An Appeal May Be Taken to the Court of Appeals as a Matter of Right Under KS Code Civil #Procedure. http://bit.ly/JIlMhX#KSCourts: Appeal Provisions Under the KS Probate Code are governed by KSA 60, Article 21. http://bit.ly/JIlMhX #probate #procedure#KSCourts: KS Adoption & Relinquishment Act is in KS Probate Code & is governed by those appeal provisions http://bit.ly/JIlMhX #procedure#KSCourts: The Right to Appeal in Kansas is Purely Statutory.http://bit.ly/JIlMhX #procedure#KSCourts: Appeals Cts have a duty to quesstion their own jurisdiction. http://bit.ly/JIlMhX #procedure#KSCourts: A Parent’s Placement Preference Cannot Override #ICWA placement factors, absent anonymity request.http://bit.ly/JIlMhX #adoption#KSLegislature: HSub #SB79, Anti-Foreign (Anti-Sharia) Law CCR, is up for consideration by #KSSenate Today http://bit.ly/JlFZLc- Lesbian seeking
#marriage license arrested in North Carolina http://cbsn.ws/JlzzMd RT @LesbianTalks via @FertilityLaw
#KSLegislature: Senators Upset with #SRS Over Conditions in Sexual Assault and #DV Program http://bit.ly/Jg5jDk- Senate may try to repeal the Defense of Marriage Act (
#DOMA) reports @seungminkim and @mkraju http://politi.co/K06AL7 MT @politico
@NCJFCJ Evaluation Shows that King County Parent to Parent Program is valuable a tool for engaging fathers. http://bit.ly/J12kSh#Marriage is not an innate human goal—but bonding with another person is. http://ow.ly/aPbIv via @PsychToday@USATODAY graphic on where U.S. States Currently Stand on Same-Sex Marriage http://usat.ly/JgSDis- Kansas Legislator Makes Last Push to Pass Anti-Sharia Law (quoting
@RonaldWNelson) http://bit.ly/Jfz5rR
#KSLegislature: Rep. Mast Makes Pitch for Anti-Sharia Law, Wading Into Pending Divorce Trying To Make Her Point http://bit.ly/Jfz5rR#Missouri House OKs changes to #MOCourts appellate courts’ merit selection system http://goo.gl/fb/YyeYR MT @GaveltoGavel- Divorce Courts Mirror Society as More Womena Pay
#Alimonyhttp://reut.rs/JBQz2B
- Study pinpoints what makes once-happy couples divorce http://goo.gl/fb/PV2nO RT
@JohnCrouchEsq The reason? Poor Communication.
- Minnesota Legislature Passes “Equal Parenting Act”; Bill Heads to Governors Desk http://bit.ly/INjqC1
- In Saudi Arabia, Divorcees Struggling to Get Custody of Their Children http://bit.ly/INj1Q7
- Tennessee Mom Spends Night In Jail for Contempt After Unilateral Decision to Baptise Son http://tnne.ws/JAjQdV
- International
#adoptions plummet to 15 year low http://bit.ly/KIhD2C
- Will the
#KSLegislature Pass Needed #FamilyLaw Corrections? Time Is Running Short.
- USPS Will Not Close any Rural Post Offices in Kansas http://bit.ly/ILQt9H
- News: Twitter Weekly Update 2012–May–06 http://bit.ly/Kn5ZqP
- Obama Endorses Same-Sex Marriage. Romney Reiterates Opposition to Same-Sex Marriage http://lat.ms/IJo6nC
#BREAKINGNEWS: Obama: “I think same-sex couples should be able to get married.” via @ABC via @washingtonpost#KSCourts: 2 Judicial Vacancies Announced for Johnson County District Court. Application Deadline is 12Noon 30-May-2012 http://bit.ly/Jdxq92- North Carolina Voters Approve Constitutional Amendment Restricting Heterosexual Relationships http://huff.to/IKyLU0
- I have been separated for 5 months. I often wonder if I am entitled to spousal support. http://rpx.me/l1cg
#KSLegislature: #KSHouse passes budget amendmnt moving $2M to local #DV shelters attempting to circumvent #KCASDV#KSLegislature: #KSHouse does the right thing for early childhood programs and strikes damaging language in house budget. MT @swikleKAC#KSLegislature: DeGraff amendment challenged on germaneness. MT @Hornet4HigherEd#KSLegislature: DeGraff offers amend authorizing #SRS to update/speed system checking child support against lotto wins. MT @Hornet4HigherEd- Sadly, even in death, some children can’t have rest from fighting, dysfunctional parents. http://1.usa.gov/IJiSNG
- Please see my answer on
@Avvo to: What do I need for voluntary relinquishing of parental rights? in Kansas -… http://rpx.me/DTcg
@KansasBar Productions Promotes: “Ethics for Good XIII (2012)” The Trailer http://youtu.be/HKAlz-Rgank- I just endorsed Jeanne M. Hannah on Avvo http://rpx.me/qRcg
- News: Name Change After Divorce in Kansas http://bit.ly/LGNOi8
- My sons were kidnapped and taken to Mexico. What can I do? http://rpx.me/vOcg
#KSLegislature: #KSHouse Concurs in Conference Committee Report & Adopts “Caylee’s Law” 121-0#AskAmy: Woman’s Timidity About Child Support Makes No Cents http://bit.ly/KgGGqu#KSHouse passes bill to ensure courts base rulings on Constitution, rather than foreign laws (i.e. Islamic sharia). MT @AndyMarso#KSLegislature: #KSHouse Passes Bill that Says Courts Can’t Base Ruling on Foreign Laws via @LJWRothschild- NC votes tomorrow on constitutional amendment banning same-sex marriages, civil unions, dom. partnerships.
@NCSLorg http://goo.gl/rl1Lc
- 52
#UniformLaws enactments so far this year, with several bills on the Governors’ desks awaiting signature! via @uniformlaws
- RT
@andymarso: Check out @KansasDivorce for breakdown on recent court of appeals decision on case management.
#KSCourts: When the Court finds an unlawful continency fee arrangement in divorce case, no fees are allowed http://bit.ly/JbvAAk#KSCourts: Trial court determination that fee arrangement constituted unlawful contingency fee affirmed http://bit.ly/JbvAAk#KSCourts: Kansas law clearly prohibits contingency fees in divorce cases http://bit.ly/JbvAAk#KSCourts: Contingent fees agreements are unlawful and invalid in domestic relations cases http://bit.ly/JbvAAk#KSCourts: Appeals court does not “reweigh” factual findings made by a trial court http://bit.ly/JbvAAk#KSCourts: Whether a contract exists and what terms were agreed in that contract are questions of fact http://bit.ly/JbvAAk#KSCourts: Parties were not married at common law when their representations “ebbed and flowed” http://bit.ly/JbuTa5#KSCourts: To find common law marriage, there must be consistency in how parties hold themselves out to public http://bit.ly/JbuTa5#KSCourts: The party asserting that a common law marriage exists has the burden of proving its existence http://bit.ly/JbuTa5#KSCourts: Common law marriage in Kansas has 3 elements: capacity to marry; present intent; holding out as married http://bit.ly/JbuTa5#KSCourts: Whether a common law marriage exists is a matter of fact for the trial court to decide. http://bit.ly/JbuTa5#KSCourts: Trial court did not abuse its discretion when it refused to remove case manager from authority http://bit.ly/IS0HzD#KSCourts: Whether to remove a case manager is clearly committed to the court’s discretion http://bit.ly/IS0HzD#KSCourts: Although a party may “request” case manager termination, court need not grant request http://bit.ly/IS0HzD#KSCourts: Where Legislature did not list ground to remove case manager, ct has discretion to determine reasons http://bit.ly/IS0HzD#KSCourts: Where parents knew case manager authority and procedure to appeal, parties subject to contempt for failures http://bit.ly/IS0HzD#KSCourts: Although appeals ct does not weigh conflicting evidence on contempt, conclusion of contempt is a legal issue http://bit.ly/IS0HzD#KSCourts: Ct findings to support contempt are reviewed under the “substantial evidence” standard http://bit.ly/IS0HzD#KSCourts: The burden of proving a case manager recommendations are inappropriate is upon the challenger http://bit.ly/IS0HzD#KSCourts: Where case manager considered parties positions before imposing decision, due process not violated http://bit.ly/IS0HzD#KSCourts: Due process requires notice & an opportunity to be heard in a meaningful time and manner http://bit.ly/IS0HzD#KSCourts: Because mother was not deprived of parenting time under facts, her due process claims naturally fail http://bit.ly/IS0HzD#KSCourts: Where no written objections are made to case manager recommendations, they become valid court ordershttp://bit.ly/IS0HzD#KSCourts: Once a ct appoints a case manager, the parties must follow that order and abide by case manager decisions http://bit.ly/IS0HzD#KSCourts: Trial Ct may appoint domestic relations case manager on its own initiative http://bit.ly/IS0HzD#KSCourts: Ct need not find parenting plan is not in child’s best interests to modify parenting time http://bit.ly/IS0HzD#KSCourts: A district court may modify parenting time anytime that change serves the child’s best interests http://bit.ly/IS0HzD#KSCourts: If parties agree to hold hearing in a different county in district where filed, it is not a change of venue http://bit.ly/IS0HzD#KSCourts: Attys have a duty to correct misstatements in court papers if they later discover error http://bit.ly/J7U3s0#KSCourts: If a ct finds that an attorney has used court proceedings for an improper purpose, it may impose sanctions http://bit.ly/J7U3s0#KSCourts: If a court finds that an attorney has presented a motion without basis, it may impose sanctions http://bit.ly/J7U3s0#KSCourts: Although a #QDRO may be required to carry out a retirement division, it doesnt create the judgment http://bit.ly/J7U3s0#KSCourts: A #QDRO is a ministerial action to carry out a judgment dividing retirement funds http://bit.ly/J7U3s0#KSCourts: A “judgment” is a “final determination of the rights of the parties in an action” http://bit.ly/J7U3s0#KSCourts: In a divorce action, a #QDRO is not required for a judgment on a retirement account division to become final http://bit.ly/J7U3s0#KSCourts: Whether a judgment has become dormant is a question of law http://bit.ly/J7U3s0#KSCourts: #UIFSA does not provide a definition of “residence,” so the definition is determined by each state http://bit.ly/IRX3pz#KSCourts: #UIFSA comments clearly express drafters intentions to differentiate between “residence” and “domicile” http://bit.ly/IRX3pz#KSCourts: #UIFSA allows only one state to exercise jurisdiction to create or modify support obligations http://bit.ly/IRX3pz#KSCourts: #UIFSA seeks to promote uniformity among states so that only one state claims jurisdiction to modify support http://bit.ly/IRX3pz#KSCourts: Ct determines that modification jurisdiction under #UIFSA does not exist under facts of case http://bit.ly/IRX3pz#KSCourts: Standing alone, expressed intention to remain a resident of a place is not sufficient to maintain residence http://bit.ly/IRX3pz#KSCourts: “Residence” is the place adopted by a person to which the person has an intention to return http://bit.ly/IRX3pz#KSCourts: Continuing, exclusive jurisdiction to modify child support is in KS if both parents & child remain residents http://bit.ly/IRX3pz
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