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Proof Of Paternity - The New Test, J. Rodney Johnson Jun 1978

Proof Of Paternity - The New Test, J. Rodney Johnson

Law Faculty Publications

The true identity of a child's father has been the subject of speculation in many a case, literally speaking, as far back as the memory of man runneth. And, the rather obvious social problem giving occasion to this speculation refuses to remain a facet of our moral history. Indeed, if statistics relating to the number of illegitimate births in the United States can be viewed as a valid indicator of the magnitude of this problem of speculative paternity in contemporary times, the problem has never been greater.


Statutory Changes In Child Placement, Kathleen S. Mehfoud Jan 1978

Statutory Changes In Child Placement, Kathleen S. Mehfoud

University of Richmond Law Review

Based on recommendations by the Joint Subcommittee on the Placement of Children for Adoption, [hereinafter cited as the Subcommittee], the 1978 Session of the General Assembly made significant changes in the adoption statutes. The study by the Subcommittee was authorized during the 1977 Session following the introduction of several bills which would have permitted physicians and attorneys to participate in child placement without being licensed. The Assembly felt that such an important issue was deserving of closer scrutiny and therefore commissioned the study. The Subcommittee was directed to probe with particular care the special case of "independent adoptions," that is, …


Does Virginia Deny Indigents The Right To Divorce?, Jackson M. Bruce Jan 1978

Does Virginia Deny Indigents The Right To Divorce?, Jackson M. Bruce

University of Richmond Law Review

The United States Supreme Court in Boddie v. Connecticut held that a state denies due process of law to indigent persons by refusing to permit them to bring divorce actions except on payment of court fees and service-of-process costs. Virginia allows a waiver of court fees by its in forma paupersstatute, Va. Code Ann. § 14.1-183 (Repl. Vol. 1977), but the Commonwealth continues to require indigents to serve by newspaper publication any non-resident defendant who otherwise cannot be served. Newspaper publication costs in the city of Richmond approximate $150. This practice directly confronts the Boddie mandate that ". . . …


Inheritance Rights Of Children In Virginia, J. Rodney Johnson Jan 1978

Inheritance Rights Of Children In Virginia, J. Rodney Johnson

University of Richmond Law Review

The rights of children to succeed to a deceased ancestor's property interests in Virginia are treated in some fifteen separate sections of the Virgina Code. The first of these sections was contained in Virginia's original code of descent and distribution which was enacted in October, 1785, and the last of these sections was enacted by the 1974 session of the General Assembly. When one considers that these fifteen sections were enacted over a period of 189 years, as the result of legislation introduced by various individuals who were at any given time focusing on a particular portion of this larger …


The "Tender Years" Doctrine In Virginia, Deborah M. Russell Jan 1978

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. …


Uniform Child Custody Jurisdiction Act, Emily M. Trapnell Jan 1978

Uniform Child Custody Jurisdiction Act, Emily M. Trapnell

University of Richmond Law Review

A significant piece of legislation, the Uniform Child Custody Jurisdiction Act, introduced for the second time in 1978, has been held over for consideration by the 1979 General Assembly. Passed by the Senate in 1977, the bill implementing the Act was killed in the House that year because, according to the bill's patron, Senator Joseph V. Gartlan, Jr., the short session in 1977 failed to provide sufficient time for House members to study the legislation. But Senator Gartlan is optimistic about the bill's chances in 1979 and this Comment proposes not only to explicate the major provisions of the Act …