When parents decide to divorce decisions have to be made on how to best care for their children after the parents separate. The courts created devices to try and make these decisions. Divorce court is a court of equity and
Burdick's Blog
Burdick's Blog, published by Burdick Law Firm, focuses on family law issues including divorce, child custody, and parental rights. The blog discusses the application and limits of equity in divorce and custody cases, critiques legal standards such as the McLendon standard, and addresses constitutional considerations in family law. It also examines the role and impact of state agencies like the Department of Human Resources in child support enforcement and dependency cases. The blog highlights procedural and jurisdictional challenges in juvenile court matters and emphasizes the importance of protecting parental rights and ensuring fair legal processes in family law disputes.
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Is McLendon any Better than the Tender Years Doctrine?
The Courts have long held that a custody determination cannot be based on something arbitrary, such as the sex of the parent. Ex parte Devine, 398 So. 2d 686 (Ala. 1981). Under McLendon custody determinations are not expressly based on
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Consult the Constitution…but only if you have to.
Too frequently our courts allow the administration of justice to get in the way of, and prevent justice. Our laws and our rules of procedure are designed to ensure that justice is done. However, they are frequently used and applied
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Is DHR helping you?
Is DHR helping you collect child support?I was in domestic relations court today. My client is currently ordered to pay $400.00 per month in child support plus arrearages. My client has been paying his child support each month with an
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Unintended consequence of TC v. Mac. M
Last week’s Alabama Supreme Court decision, T.C. v. Mac. M. and Mar. M. may carry with it a very dangerous side-effect. The court undertook to determine appellate jurisdiction of Juvenile Court matters in lite of recent changes to the Code
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Should I appeal my case?
If you are unhappy with the outcome of your case you need to begin taking steps to correct injustice immediately. There are strict time limits and procedural rules that must be adhered to so that your appeal can be preserved and
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Is this a good criminal plea deal?
There are a lot of factors to be considered when entering a plea in a criminal case. Every case is different but here I will discuss some of the factors that will be considered when a plea is offered, negotiated and accepted
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File a Small Claims Case in Alabama
In Alabama civil courts where you file your case depends on the amount of money in controversy. If you are suing for more than $10,000.00 you will file your action in the circuit court. All cases for $10,000.00 or less
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Importance of an initial custody determination
Before any dependency or divorce with children involved comes to a conclusion an order must be entered determining the custody status of children. Though these custody determinations are never considered “final” in the sense that the court maintains jurisdiction over
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