Law Commons^™

Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran

Articles

In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is fit to parent the second child. This article explores this practice, examines its origins, and discusses its constitutional inadequacies.

The Strange Life Of Stanley V. Illinois: A Case Study In Parent Representation And Law Reform, Josh Gupta-Kagan

Faculty Publications

This Article helps describe the growth of parent representation through an analysis of Stanley v. Illinois—the foundational Supreme Court case that established parental fitness as the constitutional lynchpin of any child protection case. The Article begins with Stanley’s trial court litigation, which illustrates the importance of vigorous parental representation and an effort by the court to prevent Stanley from obtaining an attorney. It proceeds to analyze how family courts applied it (or not) in the years following the Supreme Court’s decision and what factors have led to a recent resurgence of Stanley’s fitness focus.

Despite Stanley’s requirement that states prove …

A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Right Responsibility: Does The Right To Procreate Include The Responsibility To Parent?, A Felicia Epps

Journal Publications

No abstract provided.

But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran

Articles

Steven, a minor living with his mother, enjoyed a nurturing relationship with his father, Mark. He saw his father every weekend and looked forward to their time together. Mark looked for ways in which to stay involved in his child's life. Two days ago, the Department of Human Services (DHS) removed Steven from his mother's custody because, unbeknown to Mark, Stevens mother was selling drugs in the home. At the time of removal, the police did not inquire about the whereabouts of Stevens father; DHS immediately placed Steven in a foster home.

Abortions Of The Parental Prerogatives Of Unwed Natural Fathers: Deterring Lost Paternity, Jeffrey A. Parness

Oklahoma Law Review

No abstract provided.

Reconceiving The Family: Challenging The Paradigm Of The Exclusive Family, Alison Harvinson Young

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Putative Fathers And Parental Interests: A Search For Protection, Stacy Lynn Hill

Indiana Law Journal

No abstract provided.

Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie

University of Richmond Law Review

Society's traditional approach to women offenders has been focused on "women as prisoners and not.., prisoners as women." Harsh implications for female offenders who are mothers can result from the view that incarceration not only curtails the prisoner's freedom of movement but also terminates many of the individual's civil rights as well. In reality, these women are doubly penalized with a prison sentence as well as temporary or permanent loss of their parental rights. Modern courts are beginning to recognize that "[a] prisoner retains all of the rights of an ordinary citizen except those expressly, or by necessary implication, taken …

Doe V. Doe: Destroying The Presumption That Homosexual Parents Are Unfit- The New Burden Of Proof, Gary L. Caldwell

University of Richmond Law Review

In a recent decision concerning adoption, the Virginia Supreme Court declined "to hold that every lesbian mother or homosexual father is per se an unfit parent." This finding was apparently at odds with Virginia statutes outlawing marriages between members of the same sex and making it a criminal offense to engage in a homosexual relationship. In rejecting the trial court's use of a conclusive legal presumption that homosexuality is tantamount to a parent's unfitness, the justices closely examined the effects of the appellant's lesbianism upon her son to "determine whether the consequences of harm to the child of allowing the …

Termination Of Parental Rights-An Analysis Of Virginia's Statute, Barbara M. Rose

University of Richmond Law Review

The act of terminating parental rights-the total and permanent severance of the parent-child relationship-is an example of extreme intervention by the state in an individual's private interests. It involves the complex interrelations of a trilogy: the parents' natural rights, the child's personal interests, and the state's interest in the welfare of its citizens.

The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis

Florida State University Law Review

No abstract provided.

The "Tender Years" Doctrine In Virginia, Deborah M. Russell

University of Richmond Law Review

In several recent decisions in the domestic relations area, the Virginia Supreme Court has significantly altered the "tender years" doctrine to afford fathers more rights in custody of their young children. This aspect of child custody litigation is actually a corollary of the overall maternal preference rule in resolving custody disputes between natural parents. Specifically, the doctrine purports that the mother is the natural custodian of her children of "tender years," and that she should not be denied custody if she is a fit and proper person. This comment will focus primarily upon the evolution of this concept in Virginia. …

Family Law-Putative Father Denied Custody Under Restrictive Interpretation Of His Rights

University of Richmond Law Review

Under the common law, the illegitimate child was deemed nullius filius, no man's son. However, our courts have gradually granted the illegitimate substantially the same rights as those afforded the legitimate child. Unlike the child, the putative father, who originally was free from any obligation to his offspring, has encountered the same duties as the father of a legitimate child notwithstanding the fact that he is afforded few of the parental rights.