John W. Lehecka
Family Law Newsletter
Tax Consequences of Property Settlements
 
Under the Internal Revenue Code (IRC) gain or loss is virtually never recognized upon transfers of property between spouses or between former spouses if incident to a dissolution. The adjusted basis of the property remains the same after the transfer. The general rule is that gain or loss is not recognized upon a transfer of property between spouses or former spouses incident to divorce.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...
 
International Child Abductions
 
Family abduction or parental abduction is the taking of a child by a parent, in most circumstances. An international child abduction involves an additional element of crossing the nation's borders. More...
 
Right of Putative Father to have his Child Bear his Surname
 
In some instances, a putative father who gains custody or visitation of his child may want the child's surname changed from that of the mother's to his own. Neither parent has a paramount right over the other to assign to the child a particular surname, even in those jurisdictions that statutorily mandate the child's surname initially is to be that of the mother. More...
 
Putative Father's Standing to Seek Custody of his Child
 
Unlike the formerly married father whose marital status guarantees his standing to seek custody of his children, the putative father must first produce convincing evidence of his parenthood before a court considers his suit to seek custody of his child. Generally, a paternity or other type of judicial proceeding must precede or be consolidated with the putative father's custody suit.More...
 
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