Digital Commons Network^™

The Plight Of The Interstate Child In American Courts, Leona Mary Hudak

Akron Law Review

FOR EVERY THREE MARRIAGES solemnized in the United States each year, one divorce is granted. In some states the statistics approach one for every two. Yet, it is not these almost overwhelming statistics which are the most pernicious aspects of the broken American marriage, but rather the tragic aftermath revolving about custody-visitation when children are involved. Therein lies an opprobrious indictment of the American juridical-legal-legislative system.' For with the official rescission of the nuptial contract begin the devious, sometimes vengeful and often heart-rending machinations and maneuvers of "noncustodian v. custodian" hearing and rehearing,' on the courtroom stages of 52 jurisdictions-all …

In Re Adoption Of Charles B. - A Tough Act To Follow, Deborah M. Arik

Akron Law Review

This Note first discusses homosexuality and examines Ohio's position on adoption, child custody, and custody disputes involving homosexual parents." The Note then reviews other states' positions on homosexual adoption. The remainder of the Note analyzes the Charles B. decisions" and discusses future questions that the Court will need to answer."

C.R.B. V. C.C And B.C.: Protecting Children's Need For Stability In Custody Modification Disputes Between Biological Parents And Third Parties, Laura Beresh Taylor

Akron Law Review

This Note examines the collision of the “foundational policies” recognized by the Alaska Supreme Court. Part II provides an overview of the parental preference doctrine and custody modification standards. Part III presents the facts, procedural history, and the Alaska Supreme Court’s holding in C.R.B. Finally, Part IV analyzes the Alaska Supreme Court’s decision and its consequences. The Alaska Supreme Court properly rejected the use of a parental preference in custody modification disputes, and its holding produced a desirable outcome. However, this Note establishes why the court should adopt a more stringent modification standard to safeguard children’s need for stability in …

Holding On To What Is Most Precious: Ohio Juvenile Law After In Re C.R., Rose Semple, Esq.

Akron Law Review

This article will endeavor to show that the Ohio Supreme Court’s ruling in In re C.R. makes it too difficult for parents to retain custody of their own children. By exploring United States Supreme Court precedent, it will be shown that the rule emerging from In re C.R. does not pass procedural due process muster. It will also be shown that the Ohio Supreme Court disregarded its own precedent and in doing so, created a rule that undermines the policies of its own juvenile law system. By providing the rudiments of juvenile jurisprudence, the facts and decision of In re …

Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy

All Faculty Scholarship

In the wake of the unrest over police misconduct in cities across the country, calls for reform have focused on the criminal justice system — making police, prosecutors, and criminal courts more accountable and just. While much work needs to be done in that arena, too little attention has focused on the ways in which low income families are hurt in civil courts. Many more men, women and children from low income communities of color pass through the doors of our family courts every day than those who interact with the criminal justice system. Some come to court as a …

Interrogation Policies, Brandon L. Garrett

University of Richmond Law Review

No abstract provided.

(Re-)Grasping The Opportunity Interest: Lehr V. Robertson And The Terminated Parent, Lashanda Taylor Adams

Journal Articles

In 1997, an Ohio court terminated Peggy Fugate’s parental rights to her sixyear-old daughter, Selina. At the time, Ms. Fugate, an incarcerated drug abuser, did not fight the order, believing her daughter would be adopted into a clean, stable home.1 However, Selina was never adopted. For the next seven years, Selina had trouble with the police and ran away from her foster home numerous times. While Selina’s life was going downhill in many respects, her mother was rehabilitating. She entered recovery, married, obtained full-time employment and was living in stable housing with enough room for her daughter. Recognizing the strides …

Deaths In Custody; Is Ireland’S Investigative Process Compliant With Article 2 Of The European Convention On Human Rights?, Adeyemi Adeleke, Bernadette Ni Aingleis, Laura Cooney, John Lynch, Niamh Murray, Kevin Sheedy, Alshema Yousef

Students Learning with Communities

This research report examines the investigative process regarding deaths in custody in Ireland and other jurisdictions. The students completed this research as part of the LLB Bachelor of Law programme. This project was designed and completed in collaboration with the Irish Penal Reform Trust.

Extralegal Factors Important To Judges' Decisions In Child Abuse Custody Cases, Marilyn Jeanette Nolan

Walden Dissertations and Doctoral Studies

Extralegal Factors Important to Judges' Decisions in Child Abuse Custody Cases

by

Marilyn J. Nolan

MS, Pittsburg (Kansas) State University, 1986

BS, Missouri Southern State University, 1982

Dissertation Submitted in Partial Fulfillment

of the Requirements for the Degree of

Doctor of Philosophy

Human Services

Walden University

May 2015

Research has shown juvenile court judges are skeptical of mental health testimony; however there is a lack of research regarding what types of testimony by what kinds of experts are valued by judges. Using the theory of legal pragmatism, the purpose of this study was to assess how 83 Oklahoma District Court …

Money Can't Buy You Love: Valuing Contributions By Nonresidential Fathers, Laurie S. Kohn

Brooklyn Law Review

Family law in the United States reflects and reinforces expectations about how fathers should interact with their children. Those expectations betray the legal system’s valuation of paternal roles in which financial contributions far outweigh other types of caretaking. This differential valuation, though advantageous to the overall wellbeing of some children, negatively affects low-income families, exacerbates cultural and societal pressures that drive men from being engaged parents, and compels mothers who seek paternal engagement to parent alone. As the populations of absent fathers and of fathers who are unable to meet their child support obligations increase, it is worth reevaluating the …

Johnson’S Differentiation Theory: Is It Really Empirically Supported?, Joan S. Meier

GW Law Faculty Publications & Other Works

Michael Johnson’s differentiation of ‘‘types’’ of domestic violence has had a significant impact on courts and providers, in part because of its claim to an empirical basis. Unfortunately, the label ‘‘situational couple violence’’ has already been used by judges and evaluators to minimize abuse claims in custody cases. Johnson’s repeated assertion that SCV is the most common form of domestic violence reinforces the marginalizing of domestic violence. But what do his data actually show? Here Professor Meier takes a close look at the research Johnson relies on and finds that it fails to prove his thesis. Rather, the data suggest …

Challenges In Handling Imprecise Parentage Matters, Jeffrey A. Parness

Faculty Peer-Reviewed Publications

Legal parentage under American state laws is significantly and rapidly evolving. And, it is increasingly imprecise. No longer is legal parentage only defined at precise moments in time or for particular conduct, as by giving birth, having biological ties, marriage to the birth mother at time of conception or birth, name placement on a birth certificate, or formal adoption. Both men and women can now become legal parents, as through de facto parenthood or equitable adoption, where neither the time of the relevant conduct nor the conduct prompting parentage can be precisely determined. Because legal parentage increasingly depends upon fluid …