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Full-Text Articles in Law
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
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
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
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 "Tender Years" Doctrine In Virginia, Deborah M. Russell
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
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.