A court’s jurisdiction over parents of a child is invoked by the initial pleading filed by a party.  This is usually a divorce complaint or paternity petition.  The court will make orders that govern the parties regarding custody of the children, visitation, child support, etc.  The final order entered governs the parties in their future dealings with each other.

Its important to understand this background when examining the legal consequences of the custodial parent’s death.  Arkansas law holds that when the custodial parent dies the court no longer has jurisdiction over the parties.  This is so because the court’s primary purpose in the case (ie. to govern the rights and duties of the parties and settle their disputes) is no longer needed.  As a result, the final order entered by the court is considered abated upon the death of the custodial parent.

All of this of course means that upon the death of the custodial parent, custody of the children will generally immediately pass to the non-custodial parent.  No legal action should be needed by the non-custodial parent to make this effective.   

Here’s a link to the most recent case discussing this issue…  http://courts.state.ar.us/opinions/2005a/20050427/ca041172.html

The U.S. Consumer Product Safety Commission offers the following tips on costumes, treats and decorations to help your children trick-or-treat safely this year:

Article talks about the benefits of mediation in divorce.

Here’s the link… http://www.cbsnews.com/stories/2007/08/20/earlyshow/living/relationships/main3186727.shtml

Interesting new information shows that the divorce rate may actually have been falling the last several years despite what the general media seems to indicate.

Here’s a link to the NY Times article… http://www.nytimes.com/2007/09/29/opinion/29wolfers.html?_r=2&th&emc=th&oref=slogin&oref=slogin

Parties in divorce cases are becoming more and more creative in gathering information about the activities of their spouse.

NY Times article…  http://www.nytimes.com/2007/09/15/business/15divorce.html?_r=1&th&emc=th&oref=slogin

At a final hearing in domestic relations cases the issue of child support is sometimes left to a later hearing.  There are many reasons for this.  Occasionally, one of the parties goes ahead and starts paying child support and the later hearing is never held.  Consequently, an order is never entered on the child support issue. 

As long as the parties never have a dispute then the above practice, while not advisable, probably will not amount to much of a problem.  However, the Court of Appeals decided a case today that illustrates one of the many problems that can crop up down the road in such a scenario.

Here’s the link….  http://courts.state.ar.us/unpublished/2007b/20071010/ca07-222.pdf

Procrastination is a problem for many people.  Here’s an excellent blog entry from Sheryl Schelin on how to combat one of the biggest causes of low productivity.  Its geared for lawyers but can be used by anyone.

Here’s the link… http://theinspiredsolo.com/?p=266#more-266