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Full-Text Articles in Law

Protecting Children In Divorce: Lessons From Caroline Norton, Lucy S. Mcgough Nov 2017

Protecting Children In Divorce: Lessons From Caroline Norton, Lucy S. Mcgough

Maine Law Review

No fault divorce is now popularly accepted, at least in non-Catholic populations of the West. Furthermore, the role of the court in divorce and separation disputes has dramatically adjusted from a fact-finder of fault, its traditional adjudicatory role, to an administrative overseer of the process of unwinding the family financial enterprise and approving parenting arrangements. Less appreciated because it is a still-incomplete contemporary transfiguration is the divorce court's role in attempting to enhance parents' future interactions with each other. It is estimated that one-fourth to one-third of divorcing parents have considerable difficulty regaining their footing after separation and perhaps one …


Family Law, Allison Anna Tait Nov 2017

Family Law, Allison Anna Tait

University of Richmond Law Review

Another year of family law activity in Virginia brought both new

legislation, which will likely have long-term impacts, as well as a

new set of judicial opinions that will bring changes to the Virginia

rules. The terrain covered in the legislation and opinions varies,

but it includes certain fixtures such as marriage and divorce requirements,

equitable distribution, spousal and child support, and

child custody. This brief overview addresses all these areas, beginning

with the legislative changes and then moving to the courts.


Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka Nov 2017

Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka

University of Richmond Law Review

No abstract provided.


Babies Aren't U.S., Zachary J. Devlin Aug 2017

Babies Aren't U.S., Zachary J. Devlin

University of Massachusetts Law Review

Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …


Protecting Subject Children In Family Court And Beyond: The Necessity To Utilize Identical Confidentiality Measures Between Article 6 Lincoln Hearings And Article 10 Lincoln Hearings, Bradley Kaufman Jan 2017

Protecting Subject Children In Family Court And Beyond: The Necessity To Utilize Identical Confidentiality Measures Between Article 6 Lincoln Hearings And Article 10 Lincoln Hearings, Bradley Kaufman

Touro Law Review

No abstract provided.


Doing More For Children With Less: Multidisciplinary Representation Of Poor Children In Family Court And Probate Court, Robert N. Jacobs, Christina Riehl Jan 2017

Doing More For Children With Less: Multidisciplinary Representation Of Poor Children In Family Court And Probate Court, Robert N. Jacobs, Christina Riehl

Loyola of Los Angeles Law Review

Family court and probate court are Barmecide feasts for too many children, especially poor children with special needs. “Multidisciplinary representation” of children enables the courts to address needs and risks that cannot be resolved by fine-tuning a custody schedule, frequently at little or no additional cost to the taxpayers. Since most children cannot identify the salient issues in their cases and do not have standing in family court or probate court much less lawyers to represent them, it becomes the court’s responsibility in every case to identify the issues most relevant to children’s interests and decide whether multidisciplinary representation is …