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Full-Text Articles in Law
California's Move-Away Law: Are Children Being Hurt By Judicial Presumptions That Sweep Too Broadly?, Jennifer Gould
California's Move-Away Law: Are Children Being Hurt By Judicial Presumptions That Sweep Too Broadly?, Jennifer Gould
Golden Gate University Law Review
This Comment will summarize the various types of custody situations and their relevance in deciding move-away cases. Next, this Comment will examine In re Marriage of Burgess, a landmark California Supreme Court move-away case, and discuss its impact on family law courts, families, and attorneys involved with move-away cases. Included is an examination of certain factors that the Burgess court did not fully address in its analysis. Finally, drawing upon public policy, social science research, legal commentary, and other jurisdictions' moveaway laws, this Comment will propose a more comprehensive approach to deciding move-away cases. This approach limits the application of …
Judicial Discretion Is Insufficient: Minors' Due Process Right To Participate With Counsel When Divorce Custody Disputes Involve Allegations Of Child Abuse, David Peterson
Golden Gate University Law Review
This comment will illustrate how allegations of child abuse in a divorce custody dispute dramatically alter the presumption that the child's interests are well represented. Therefore, appointment of counsel for the child becomes necessary. The author first summarizes current state laws which address this issue and discusses the factors which cause discretionary appointment to fail. Next, the author demonstrates the trend of appellate court decisions and state laws toward mandatory appointment of counsel when abuse is alleged. The author then argues that mandatory appointment is necessitated by due process balancing of the child's and the government's interest. Finally, the author …
Redefining Parenthood: Child Custody And Visitation When Nontraditional Families Dissolve, Kristine L. Burks
Redefining Parenthood: Child Custody And Visitation When Nontraditional Families Dissolve, Kristine L. Burks
Golden Gate University Law Review
This article offers a method of providing custody and visitation rights to individuals formerly involved in nontraditional relationships who function as children's parents but who lack the legal status of parent. The article considers a broad range of nontraditional families, including stepparents, same-sex partners, and unmarried heterosexuals. The article begins with a summary of California statutory law. The author examines how "parent" is defined and the limitations imposed on those falling outside that definition when they seek to assert rights to child custody and visitation. Next, the article focuses on three types of nontraditional relationships to illustrate how California courts …
Frozen Embryos: New Technology Meets Family Law, Natalie K. Young
Frozen Embryos: New Technology Meets Family Law, Natalie K. Young
Golden Gate University Law Review
This article addresses the various reasons and legal arguments for treating embryos as life, or in the alternative as property. In particular, this article analyzes the legal status of frozen embryos in a marital dissolution proceeding from a custodial point of view and a marital property point of view. Part I sets forth a broad policy perspective on the doctrinal choices that must be made in determining the legal status of the embryo. Part II first explores the possibility of classifying frozen embryos as human life and then presents a legal analysis, derived from the general principles of family law, …
Child Sexual Abuse In Custody And Visitation Disputes: Problems, Progress, And Prospects, Susan Romer
Child Sexual Abuse In Custody And Visitation Disputes: Problems, Progress, And Prospects, Susan Romer
Golden Gate University Law Review
This Comment will focus on cases involving allegations of child sexual abuse made during divorce proceedings or during post-judgment custody and visitation disputes. California law is the primary focus. New York cases, statutes and procedures are compared and contrasted. The Comment first discusses studies of the veracity of allegations of sexual abuse arising in custody and visitation cases. Secondly, it addresses the methods used in the investigation and assessment of child sexual abuse charges. Finally, it explores which court is best able to decide these cases.
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang
Golden Gate University Law Review
This survey of California, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
The Parental Kidnapping Prevention Act: How Can Non-Marital Children Be Protected?, Nancy S. Erickson
The Parental Kidnapping Prevention Act: How Can Non-Marital Children Be Protected?, Nancy S. Erickson
Golden Gate University Law Review
Parental kidnapping has been called "one of the most subtle and brutal forms of child abuse." In response to the seriousness of the problem of childsnatching and its increasing incidence in this country, steps have been taken on both state and federal levels. The UCCJA was approved by the National Conference of Commissioners on Uniform State Laws and by the American Bar Association in 1968. By 1984 it had been enacted in all states and the Virgin Islands. Virtually all states have also enacted criminal parental kidnapping statutes. In 1980, Congress passed the Parental Kidnapping Prevention Act (PKPA), which not …
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A briefanalysis of the issues pertinent to women raised in each case is provided.
Residence Restrictions On Custodial Parents: Sex-Based Discrimination?, Alix Gravenstein Pastis
Residence Restrictions On Custodial Parents: Sex-Based Discrimination?, Alix Gravenstein Pastis
Golden Gate University Law Review
Residence restrictions are frequently imposed on the custodial, but not the noncustodial, parent. These restrictions come into play when the custodial parent wishes to move with the child, the noncustodial parent opposes the move, and a court is called upon to resolve the dispute. The court will do so based upon a determination of what it judges to be in the best interests of the child. The best interests inquiry ultimately resolves itself into a question of whether the custodial parent's reasons for making the move are sufficiently substantial to outweigh the noncustodial parent's interest in existing visitation privileges. A …
Survey: Women And California Law, Alan Black, Katherine Hardy
Survey: Women And California Law, Alan Black, Katherine Hardy
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Survey: Women And California Law, Carol A. King
Survey: Women And California Law, Carol A. King
Golden Gate University Law Review
This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Survey: Women And California Law, Michele Modena-Kurpinsky
Survey: Women And California Law, Michele Modena-Kurpinsky
Golden Gate University Law Review
This survey of California case law and legislation is a regular feature of the Women's Law Forum. The survey summarizes recent California Supreme Court decisions, courts of appeal decisions, and new legislation which are of special importance to women. The focus of the survey is on presenting issues most pertinent to women, rather than on analyzing all issues raised in each case or bill. The survey period for cases in this issue is March 1, 1981 through February 28, 1982. Summaries of significant legislation enacted between October 1, 1980 and December 31, 1981 are also included.
The Nonmarital Sexual Conduct Of Custodial Mothers: A Study Of California's Precarious Parental Rights, Barbara Child
The Nonmarital Sexual Conduct Of Custodial Mothers: A Study Of California's Precarious Parental Rights, Barbara Child
Golden Gate University Law Review
Mothers of minor children engage in sexual conduct with men to whom they are not married. That is no longer a shocking truth. Nonetheless, those mothers continue to live with a Damocles sword hanging over their heads. Their sexual conduct can still cause them to lose their children, even in these supposedly liberated times in the state of California. This Article surveys the cases in which the most commonly used ambiguous statutes together with secure judicial discretion have been brought to bear on custodial mothers who either by choice or by economic necessity do not live conventional middleclass lives. The …
Survey: Women And California Law, Elaine Booras
Survey: Women And California Law, Elaine Booras
Golden Gate University Law Review
No abstract provided.
The Lesbian Family: Rights In Conflict Under The California Uniform Parentage Act, Stuart A. Sutton
The Lesbian Family: Rights In Conflict Under The California Uniform Parentage Act, Stuart A. Sutton
Golden Gate University Law Review
No abstract provided.
The Lesbian Mother: Her Right To Child Custody, Benna F. Armanno
The Lesbian Mother: Her Right To Child Custody, Benna F. Armanno
Golden Gate University Law Review
No abstract provided.