The Court of Appeals on June 18, 2020, denied and dismissed notice of appeal from a final decree and judgment of divorce in Deloatch v. Deloatch as filed untimely. Procedurally, the trial court had issued a judgment of absolute divorce settling various claims between Dwight G. Deloatch and his former wife, Robin Sessoms-Deloatch, in May 2015 and had denied motion to vacate the judgment on March 30, 2016. Subsequently in January 2020, Mr. Deloatch filed an appeal from the underlying judgment. The Court of Appeals issued an order directing him to show cause why the appeal should not be dismissed
Read More
Monthly Archives June 2020
PRENUPTIAL AGREEMENTS, INHERITANCE & ESTATE PLANNING:
The premarital agreements if properly executed and carefully crafted and detailed, can essentially override the statutorily granted inheritance rights by the State. A significant and an advantageous legal strategy rarely used. Generally, a surviving spouse is entitled to what the spouse’s will or last testament directs and provides. However, under the DC Statute, the surviving spouse may elect to forego the will and select Statutory rights. That is, the surviving spouse may elect to renunciate the will by specifically stating and filing with probate that: I surviving spouse or surviving domestic partner of late of, deceased, renounce and quit all
Read More
RECENT COURT OF APPEALS DECISION: 4TH AMENDMENT VIOLATION | SEARCH & SEIZURE
The Court of Appeals in U.S. v. Bumphaus, decided on May 21, 2020, affirmed the trial court in suppressing the evidence obtained through illegal search and seizure. Based on confidential tip that the defendant possessed illegal weapons, his car was stopped and before the officers had a chance to search the vehicle Bumphus locked the car and released keys to another individual who left the scene. Thus, the officers towed the vehicle in order to obtain a search warrant to break into the car and search for weapons. The search warrant for the car however was not issued until four
Read More
VOLUNTARY RELINQUISHMENT OF PARENTAL RIGHTS & DC CHILD SUPPORT OBLIGATIONS
Although the District provides statutory provisions as listed below for voluntary relinquishment of parental rights, in most cases, such does not subrogate child support obligations. There are generally two ways for parental rights to be terminated or relinquished, either by the application of the two listed provisions below, which together allow a natural parent to voluntary relinquish rights to the Child and Family Services (CFSA), or via a court order terminating parental rights. § 4–1451.05. Parental rights § 4–1406. Parental rights; termination or relinquishment; vesting in agencies or Mayor; exercise in adoption proceedings. Voluntary relinquishment generally applies to a newborn
Read More