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Family Law

Child Welfare Agency’s Potential Malpractice Liability for Violating Parental Rights

Although intervention by a child welfare agency is sometimes required for the protection of a child, sometimes the investigation may become over zealous or slanderous in nature. Investigating claims that a child is the subject of mistreatment is difficult. The agency should attempt to investigate all claims made with a balanced outlook.

Constitutional Rights of Children

The concept of ”children’s rights” is relatively new. For most of history, children were considered chattel and had no rights separate and apart from their parents.

Guardian Ad Litem

What is a guardian ad litem? A minor cannot be a party to a lawsuit without assistance. Therefore, when a minor is a party to a lawsuit, the court appoints a guardian ad litem to represent the minor.

International Adoption – Advance Processing

The United States Bureau of Citizenship and Immigration Services (USCIS) recommends that all prospective parents file an application for "Advance Processing" before they identify a foreign child to adopt. Advance Processing is a procedure whereby the USCIS pre-approves the prospective parents’ application to adopt a child.

Jurisdiction and Venue in Divorce Cases

Venue is the place, county, or geographical area that an action is brought. Jurisdiction deals with the proper court to hear the case and the court’s power to hear the case. For purposes of a divorce action, the action is typically filed in the state where the parties have resided for a period of time prescribed by statute.

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