What are the biggest issues or changes in family law over the last years?

In no particular order:

1) The economy – Are couples “staying together” because it’s financially prudent to do so? How about the spike in post judgment modifications of financial orders?

2) Rights of same-sex couples – First Civil Unions. Then in 2008 same sex marriages were legalized in Connecticut. Recently, the Connecticut Supreme Court held that a same-sex couple could both be placed on a child’s birth certificate notwithstanding the clear absence of a biological connection between the child and one of the parents.

3) The internet and social media – You wouldn’t be reading this blog (or any other blog) 10 years ago. You also wouldn’t be able to track your spouse’s actions on Facebook or My Space or find information in an “email trail”. The admissibility of this evidence typically depends on how it was obtained and whether it was truly in the public domain. However, this is an area that continues to evolve and play a role in family law litigation.

4) Rights of fathers – There appears to be an increase in father’s being awarded more “parenting time with their child(ren) as well an increase in father’s obtaining residential custody. The term “visitation” has been replaced with “parenting time” in part to emphasize the importance of both parents playing an active role in the lives of their child(ren).

5) Self represented litigants (pro se) – This may be a reflection of the poor economy. It could also be a result of the improved and “user friendly” forms which are available online. Or maybe it’s the product of the resource centers located at many of the state courthouses where self represented litigants can seek assistance.

 

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