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Family Law

Kevin Hickey Law Blog

Focused on family law and civil litigation

Post Frequency: 0.7/day

Last Entry: March 10, 2011 at 16:00:02

Have You Been Falsely Accused of Sexual Abuse?

Posted on March 10, 2011
For the past several years, there has been a growing trend of sexual abuse allegations that arise out of a divorce or custody dispute. We are finding that many of these allegations are false, usually trumped up by one of the parents.

Out of the Mouths of Babes

Posted on July 01, 2010
Your children are listening and watching you and your ex-spouse.

Infidelity a Factor - But Not the Deciding Factor

Posted on March 24, 2010
Trial court not impressed by this mother's promiscuity. But custody is not changed.

Guidance on Calculating Support of Self Employed Payors

Posted on March 17, 2010
Court gives instruction on calculating support for a self employed payor.

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Denying Visitation and Relocating Without Permission of the Court = Not a Good Idea

Posted on March 11, 2010
Custodial parent consistently denied noncustodial parent visitation - then moved from Arkansas to Georgia. Noncustodial parent files for a change of custody and prevails.

Better Job and Ailing Parents Enough to Allow Relocation

Posted on March 07, 2010
Additionally, there were family members living in the locale where the custodial parent and child were moving to.

Allowing Grandfather Less Visitation - Is that Harmful to the Child?

Posted on February 05, 2010
Mother decided to lessen grandfather's visitation with his grandchild. Grandfather wants visitation he was previously getting.

Attorney Withdraws from Case 13 Days Before Trial

Posted on January 26, 2010
Appeals court finds that lawyer should not have been allowed to withdraw.

What if Parents Agreed to Hold Child Back for a Year?

Posted on January 21, 2010
Child support terminates when child "should have" graduated from high school, not necessarily when the child actually graduates.

Not So Fast My Friend

Posted on January 14, 2010
Supreme Court overturns Court of Appeals on case involving putting child support arrearage money into an account with the child's name.

Follow Me on Twitter

Posted on January 13, 2010
If you tweet, then follow me on twitter.

Court Erred By Ordering Parties to Transfer Property to Non-Parties

Posted on January 07, 2010
Court in divorce may make determinations as to actual owner of property. If the true owner is a non-party to the divorce can the court order the parties to transfer the property to a non-party?

The Perils of Representing Yourself

Posted on December 29, 2009
Pro se father loses custody case.

Drugs, Drugs, and More Drugs

Posted on December 22, 2009
Lots of different facts in this divorce case. Good discussion of custody issues and the types of evidence needed. Also a property division discussion.

Decree Entered 4 Years After Hearing - Date Used for Dividing Retirement?

Posted on December 18, 2009
Decree entered 4 years after final hearing. On what date do you divide a retirement account? The date of the hearing or the date the decree is entered 4 years later?

Disability Payments to Children Count as Income to Noncustodial Parent

Posted on December 15, 2009
Yes, that's correct. SSDI payments going directly from Social Security to the custodial parent for the benefit of the children are to be included as income for the noncustodial parent.

Relocation Proven, Other Factors Not = Relocation Allowed and Custody Not Changed

Posted on December 10, 2009
Court of Appeals upholds trial court in this relocation/change of custody case. Custody stays with custodial parent that is moving.

Happy Thanksgiving!

Posted on December 04, 2009
Some fun Thanksgiving sites.

“He Bullied Me Into It!”

Posted on December 04, 2009
Wife deeds her interest in marital property to Husband. Husband files for divorce. Wife says Husband took advantage of 1) her immediate need for money (to pay a debt) and also 2) the fact that Husband knew he was the dominant party in the relationship...