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William & Mary Law Review

Child Custody

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Full-Text Articles in Law

A New Formalism For Family Law, Rebecca Aviel Jun 2014

A New Formalism For Family Law, Rebecca Aviel

William & Mary Law Review

Family law is simultaneously moving toward and away from formalist decision making. Examining family law across its various component doctrines—custody disputes, child support, jurisdiction, and parentage—reveals these two competing trends. In some of these areas, scholars and lawmakers have recognized that litigating under open-ended, amorphous standards is unpredictable and often painful, with costs that undermine the very purposes served by these legal frameworks; in these areas we are witnessing a turn toward determinate rules over judicial discretion as the preferred means of resolving disputes. In other areas, however, family law is experiencing a trend toward more flexible decision making that …


Avoiding Another Eldorado: Balancing Parental Liberty And The Risk Of Error With Governmental Interest In The Well-Being Of Children In Complex Cases Of Child Removal, Andrew T. Erwin Dec 2009

Avoiding Another Eldorado: Balancing Parental Liberty And The Risk Of Error With Governmental Interest In The Well-Being Of Children In Complex Cases Of Child Removal, Andrew T. Erwin

William & Mary Law Review

No abstract provided.


Child Welfare's Paradox, Dorothy E. Roberts Dec 2007

Child Welfare's Paradox, Dorothy E. Roberts

William & Mary Law Review

No abstract provided.


Breaking Up A Family Or Putting It Back Together Again: Refining The Preference In Favor Of The Parent In Third-Party Custody Cases, Carolyn Wilkes Kaas Apr 1996

Breaking Up A Family Or Putting It Back Together Again: Refining The Preference In Favor Of The Parent In Third-Party Custody Cases, Carolyn Wilkes Kaas

William & Mary Law Review

No abstract provided.


"Who Owns The Child?": Meyer And Pierce And The Child As Property, Barbara Bennett Woodhouse May 1992

"Who Owns The Child?": Meyer And Pierce And The Child As Property, Barbara Bennett Woodhouse

William & Mary Law Review

No abstract provided.