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Family Law

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University of Washington School of Law

1994

Articles 1 - 4 of 4

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In Re Marriage Of Mcdole: Modifying Child Custody By Ignoring Statutory Grounds, Virginia A. Petersen Oct 1994

In Re Marriage Of Mcdole: Modifying Child Custody By Ignoring Statutory Grounds, Virginia A. Petersen

Washington Law Review

In In re Marriage of McDole, the Washington Supreme Court upheld the modification of a parenting plan that changed the primary residential parent. By relying in part on the mother's interference with visitation, the court not only undermined the important policy underlying the modification statute of maximizing finality in custody determinations, but it also failed to read the modification statute as a whole. The court also inappropriately relied on the mother's move out of the state and continued conflict between the parents. The court further failed to explicitly explain the legal bases for its decision, providing little guidance for future …


For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann Jul 1994

For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann

Washington Law Review

Adoption is governed by state law, which varies dramatically among states, and thus encourages forum shopping and complicates interstate adoption. A new Uniform Adoption Act (UAA), likely to be completed and approved by the National Conference of Commissioners on Uniform State Laws in 1994, offers states the opportunity to move toward greater uniformity. The UAA balances all of the participants' interests while keeping the child's best interests foremost.


The Washington State Parenting Act In The Courts: Reconciling Discretion And Justice In Parenting Plan Disputes, Jane W. Ellis Jul 1994

The Washington State Parenting Act In The Courts: Reconciling Discretion And Justice In Parenting Plan Disputes, Jane W. Ellis

Washington Law Review

On July 8, 1993, the Washington Supreme Court handed down a decision construing the residential provision section of the Washington State Parenting Act. The case is significant for the children of divorcing parents in the State of Washington, and its importance extends beyond Washington because the supreme court's opinion is the first to interpret a key section of a law that has attracted national and international attention The case, In re Marriage ofKovacs, is an example of the sort of egregious injustice that can occur when a trial court fails to exercise its discretion in an appropriate manner and an …


If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly Jan 1994

If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly

Articles

This story is fictional but true. There is no one particular Minerva Copeland, James Walker, or Judge Jennings. Lake Village and Helena also are intended to be fictional places. I chose a format using endnotes instead of footnotes in an effort not to disrupt the flow of the narrative. The endnotes, however, are an integral part of this article and serve to provide the reader with the background necessary to understand the legal and social context in which this piece operates.