Law Office of Marita Nogueiras
Family Law Newsletter
Requirements of the Indian Child Welfare Act
 
The Indian Child Welfare Act (ICWA) is a federal law that sets minimum standards for the removal of Native American children from their homes. The ICWA applies to foster care placements, terminations of parental rights, and adoption and pre-adoption placements. When the ICWA applies to a proceeding, a state court must comply with the requirements of the act. More...
 
Sexual Harassment in Schools
 
A school cannot be held liable for ignoring the usual schoolyard behavior such as teasing and cruel behavior. However, the school may be liable for failing to take reasonable action against serious and long-term student sexual harassment. Sexual harassment is defined as harassment on an individual on the basis of their gender. More...
 
Out of State Move by Custodial Parent
 
In most states, courts permit a custodial parent to move out of state with the child if the parent has a legitimate reason for the move. Thus, noncustodial parents who seek to enjoin the custodial parent from moving or who seek to modify custody on the basis of a proposed move are generally unsuccessful. More...
 
Requirements for a Valid Premarital Agreement
 
There are several requirements for a valid premarital agreement. In deciding whether to uphold a premarital agreement, a court will consider a number of factors. More...
 
Application of the Indian Child Welfare Act
 
The Indian Child Welfare Act (ICWA) is a federal law that sets minimum standards for the removal of Native American children from their homes. The ICWA is designed to preserve and strengthen Native American families and culture. More...
 
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