| Adoption Under the Indian Child Welfare Act |
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| Whenever a proposed adoption involves a child who is of recognized Native American lineage, both federal and state laws govern the proceeding. The Indian Child Welfare Act of 1978 (ICWA) is applicable to any adoption of a Native American child. The ICWA is not an adoption code, but it contains jurisdictional, procedural, and substantive provisions that pertain to adoptions. Pursuant to the Supremacy Clause of the U.S. Constitution, ICWA provisions supplement or parallel any compatible state adoption laws and preempt any inconsistent or contradictory ones. More... |
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| Actions between Spouses or Domestic Partners for Intentional Infliction of Emotional Distress |
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| Virtually every state recognizes intentional infliction of emotional distress as a civil tort. Most states have adopted the definition of the tort that provides no physical injury need be shown, but the plaintiff must show severe emotional or mental distress caused by the defendant's ''outrageous'' intentional or reckless conduct.More... |
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| Domestic Torts |
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| There are a variety of domestic torts that are recognized in most jurisdictions and that may be pursued by either party.
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| Minor's Liability for Tortious Acts |
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| Minors are liable for their tortious acts. Because tort actions usually are instituted to compensate an injured party, a litigant's age normally is of marginal concern. Thus, children and adults are treated in the same manner in lawsuits involving tort claims. However, certain exceptions may shield children from liability for their torts.More... |
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| Common Mistakes Made in Divorce Actions With Respect to Children and Finances |
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| Typically in a divorce action one or both parties have a lot of hostility and animosity toward one another. Individuals make a barrage of mistakes. Some mistakes may not only be harmful to the individual himself but may also be financially harmful. More... |
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