Waiver in Prenup Doesn't Bar Request for Attorneys' Fees- July 31, 2006 A woman whose prenuptial agreement precludes either spouse from seeking legal fees from the other in the event of a divorce may nonetheless request a fee award against her millionaire husband, the New York Appellate Division rules. The court says that while the bar on fees is not inherently invalid, it is against public policy in this case due to the immense disparity in the couple's finances. It also announces a rule to be applied when dealing with fee waiver provisions. See Kessler v,...http://www.azfamilylawblog.com/2006/07/articles/family-law-updates/prenuptial-agreements-/... Mother's Veracity Irrelevant In Paternity Case -- Estoppel- July 31, 2006 The paternity by estoppel doctrine does not contain an exception for men who accept the role of fatherhood based on misrepresentations by the subject child's mother, the New York Court of Appeals says. Explaining that the mother's truthfulness is irrelevant and that the child's best interests control, it affirms filiation and support orders entered against a New York man who had been led to believe he fathered a child in Guyana after dating a woman there in 1995. See Shondel J. v. Mark...http://www.azfamilylawblog.com/2006/07/articles/family-law-updates/mothers-veracity-irrele... Enraged Doctor Burns Residence - The Real War of The Roses- July 17, 2006 This New York case, brought to our attention by Jeanne M. Hanna, Esq., author of "Updates in Michigan Family Law" is a prime example of the lengths people are willing to go to keep the marital residence from the other spouse. See the Article.For Arizona Divorce Issues, contact Nirenstein Ruotolo Group.http://www.azfamilylawblog.com/2006/07/articles/family-law-updates/enraged-doctor-burns-re... Arizona Granparent Rights Decision- July 17, 2006 Grandparent rights case not dismissed from superior court where jurisdiction was based on child being born out-of-wedlock, when subsequently parents remarry. See Fry v. Garcia, CA-CV 05-0663.For Arizona Grandparent Rights matters contact Nirenstein Ruotolo Group.http://www.azfamilylawblog.com/2006/07/articles/arizona-legal-updates/arizona-granparent-r... |