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Family Law Newsletter
Adoption Under the Indian Child Welfare Act
 
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...
 
Uniform Premarital Agreement Act
 
The Uniform Premarital Agreement Act (UPAA) was proposed and recommended for enactment in all the states by the National Conference of Commissioners on Uniform State Laws. The UPAA was intended to be relatively limited in scope, applying to agreements that are between prospective spouses made in contemplation of and to be effective upon marriage. The UPAA has been adopted by a majority of states. More...
 
Divorce and Debt Division
 
During divorce proceedings, couples not only have to divide up their assets but they must also divide their debts. There are various types of debt that must be divided during divorce proceedings. More...
 
Juveniles and Institutional Facilities
 
A juvenile may be held in a number of different facilities depending upon the particular issue or problem that the juvenile may have. For example, the juvenile may be arrested for assault and battery and may be held in a juvenile detention facility. Or the juvenile may have battered another individual and following a psychiatric examination, it was concluded that the juvenile was mentally unstable, the juvenile may be confined to a mental institution. More...
 
Freedom of Access to Clinic Entrances Act
 
What is the Freedom of Access to Clinic Entrances Act (FACE)? Both the United States House of Representatives and the United States Senate passed FACE in 1994. President Clinton signed FACE into law in 1994. FACE is a federal law that was passed in order to protect reproductive health facilities and their staff from violent threats and assaults. More...
 
 
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