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1988

Family Law

Institution
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Articles 1 - 30 of 63

Full-Text Articles in Law

The Need For A Business Or Payroll Records Affidavit For Use In Child Support Matters, J. Thomas Sullivan Oct 1988

The Need For A Business Or Payroll Records Affidavit For Use In Child Support Matters, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

No abstract provided.


California Couples: Recognizing Diversity And Strengthening Fundamental Relationships, Joint Select Task Force On The Changing Family Sep 1988

California Couples: Recognizing Diversity And Strengthening Fundamental Relationships, Joint Select Task Force On The Changing Family

California Joint Committees

No abstract provided.


Who Decides--The Next Abortion Issue: A Discussion Of Fathers' Rights, Maria F. Walters Sep 1988

Who Decides--The Next Abortion Issue: A Discussion Of Fathers' Rights, Maria F. Walters

West Virginia Law Review

No abstract provided.


Divorced From College?, Senate Office Of Research Aug 1988

Divorced From College?, Senate Office Of Research

California Senate

"Should courts be allowed to extend child support payments beyond age 18 in order to pay for college or other expenses?"

A Special Report to Senator Diane Watson.


Spruce Run News (Summer 1988), Spruce Run Staff Jul 1988

Spruce Run News (Summer 1988), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.


Forced Sex In Battering Relationships: An Ethnographic Investigation, Leigh Hofheimer Jul 1988

Forced Sex In Battering Relationships: An Ethnographic Investigation, Leigh Hofheimer

Institute for the Humanities Theses

This research examines the complex problem of forced sex in battering relationships. Interviewing eleven women in a battered women's shelter in a southeastern city, I focused on both their perceptions of forced sex and its effects on their self-esteem, expectations and body-image.

Based on the interviews I conclude that forced sex needs a broader definition than the traditionally accepted definition of rape. In addition, the victims' memories of earlier incidents of physical abuse during sex may influence their perceptions of when they are being forced. This study suggests that future researchers and members of the helping profession should include the …


The Family Court: An Historical Survey, Merril Sobie Jul 1988

The Family Court: An Historical Survey, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The New York Family Court this year celebrates its twenty-fifth anniversary. Hailed as an "experimental" tribunal, designed to resolve society's most intractable problems, including family dissolution, delinquency and child neglect, the court has been perceived as a radical development which altered the then existing legal rules governing family affairs. The Family Court Act indeed incorporates several creative provisions. But the court's foundations were built upon solid jurisprudential underpinnings, principles which had evolved over the course of the preceding century. Establishment of the court was neither radical nor experimental; in reality, Family Court represents the latest increment in the development of …


An Analysis Of The California Child Support System, Assembly Human Services Committee, Joint Select Task Force On The Changing Family Jun 1988

An Analysis Of The California Child Support System, Assembly Human Services Committee, Joint Select Task Force On The Changing Family

California Joint Committees

No abstract provided.


Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis May 1988

Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis

Michigan Law Review

A Review of In the Best Interests of the Child by Joseph Goldstein, Anna Freud, Albert J. Solnit, and Sonja Goldstein


Legislatures And Legal Change: The Reform Of Divorce Law, Carl E. Schneider May 1988

Legislatures And Legal Change: The Reform Of Divorce Law, Carl E. Schneider

Michigan Law Review

A Review of A Silent Revolution: Routine Policy Making and the Transformation of Divorce Law in the United States by Herbert Jacob


Equating A Stepparent's Rights And Liabilities Vis-A-Vis Custody Visitation And Support Upon Dissolution Of The Marriage With Those Of The Natural Parent - An Equitable Solution To A Growing Dilemma, Mary E. Wright-Hunt Apr 1988

Equating A Stepparent's Rights And Liabilities Vis-A-Vis Custody Visitation And Support Upon Dissolution Of The Marriage With Those Of The Natural Parent - An Equitable Solution To A Growing Dilemma, Mary E. Wright-Hunt

North Carolina Central Law Review

No abstract provided.


British Development In Alternative Dispute Resolution In Divorce, David Carey Miller Mar 1988

British Development In Alternative Dispute Resolution In Divorce, David Carey Miller

Brigham Young University Journal of Public Law

No abstract provided.


Surrogate Parenting: What Should Legislatures Do?, Marsha Garrison Jan 1988

Surrogate Parenting: What Should Legislatures Do?, Marsha Garrison

Faculty Scholarship

No abstract provided.


Spruce Run News (Winter 1988), Spruce Run Staff Jan 1988

Spruce Run News (Winter 1988), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.


Family, Church And State: An Essay On Constitutionalism And Religious Authority, Carol Weisbrod Jan 1988

Family, Church And State: An Essay On Constitutionalism And Religious Authority, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.


Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker Jan 1988

Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin Jan 1988

Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

The six sections of this Article present the case for direct federal court involvement in aiding foster children who are at risk of abuse and neglect while in foster care. Section I discusses the extent of abuse and neglect in foster care as well as the structural causes of this maltreatment. It also explains the inevitable failure of the political branches of government to confront the problem. Section II describes the constitutional right to safety and surveys the judicial treatment of that right, including the lack of development of the right for children in foster care. Section III discusses differences …


Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker Jan 1988

Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker

Katharine K. Baker

No abstract provided.


A Dissent On Joint Custody, Jana B. Singer, William L. Reynolds Jan 1988

A Dissent On Joint Custody, Jana B. Singer, William L. Reynolds

Faculty Scholarship

No abstract provided.


Plemel As A Primer On Proving Paternity, David H. Kaye Jan 1988

Plemel As A Primer On Proving Paternity, David H. Kaye

Journal Articles

Although in the past courts only permitted genetic evidence in paternity suits to prove that an accused man was not the father, with the advent of new genetic tests, which easily can exclude ninety to nitey-five percent of the population in most cases, the supreme courts of Massachusetts, Oregon, and Utah have held that various genetic tests may be used to prove paternity. While a positive move, the admissibility of genetic proof of paternity raises serious questions as to the manner in which this evidence should be presented in court. In the interests of efficiency, some jurisdictions seem to dispense …


Defending Battered Women's Self-Defense Claims, Kit Kinports Jan 1988

Defending Battered Women's Self-Defense Claims, Kit Kinports

Journal Articles

This Article contends that many battered women who kill their abusive spouses can legitimately raise the standard self-defense claim. No substantial extension of self-defense doctrine is required to justify the acquittal of battered women on self-defense grounds. Furthermore, no special "battered women defense" is necessary or even desirable in such cases.

Part I of this Article summarizes the results of psychological research studying abused women and battering relationships. It further explains the concept of the :battered woman syndrome" which describes the effects of sustained physical and psychological abuse by one's husband. Part II discusses the requirements of a successful self-defense …


More Than Mere Child's Play: International Parental Abduction Of Children, Elizabeth C. Mcdonald Jan 1988

More Than Mere Child's Play: International Parental Abduction Of Children, Elizabeth C. Mcdonald

Penn State International Law Review

Divorce is a traumatic time. It is especially traumatic for children who are abducted by a parent. This comment examines the international abductions of children and the international conventions designed to address these problems. Further, the author sets forth steps and gives advice for parents and attorneys caught in an international abduction case.


The Surrogate Responds: The Need For Reform In Adoption Proceedings, C. Raymond Radigan Jan 1988

The Surrogate Responds: The Need For Reform In Adoption Proceedings, C. Raymond Radigan

Touro Law Review

No abstract provided.


Recent Developments In Family Law: Property Division At Dissolution, Mary Kay Kisthardt Jan 1988

Recent Developments In Family Law: Property Division At Dissolution, Mary Kay Kisthardt

Faculty Works

The law pertaining to the division of property at dissolution has undergone substantial change in recent years. This is due primarily to the adoption of principles of equitable distribution. These principles require the courts to define "marital" property and to develop guidelines to determine how and in what proportion such property is to be divided. This Article will survey some of the significant developments in Missouri in this important area of family law.


University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Domestic Relations, Donald K. Butler Jan 1988

Annual Survey Of Virginia Law: Domestic Relations, Donald K. Butler

University of Richmond Law Review

In 1988, the Virginia General Assembly made two significant changes with respect to child support awards. First, the authority of the court has been extended so that the court may order support for a child over the age of eighteen who is still attending high school. In order to award support for a child who is no longer a minor, the child must be "(i) a full-time high school senior, (ii) not self-supporting and (iii) living in the home of the parent seeking or receiving child support, until the child reaches the age of nineteen or graduates from high school, …


Comments: Regulatory Options For Surrogate Arrangements In Maryland, Carol L. Nicolette, Libby Crystal Reamer Jan 1988

Comments: Regulatory Options For Surrogate Arrangements In Maryland, Carol L. Nicolette, Libby Crystal Reamer

University of Baltimore Law Review

No abstract provided.


Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity?, George P. Smith Ii Jan 1988

Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity?, George P. Smith Ii

Scholarly Articles

The purpose of this essay is to demonstrate the pressing need of the law to take decisive action in imposing tort liability for willful and malicious conduct by drug addicted women during their pregnancy. Liability should be imposed notwithstanding the warnings from civil libertarians that the enforcement of such a policy would most assuredly give rise to "prenatal police patrols.'


Within The Best Interests Of The Child: The Factor Of Parental Status In Custody Disputes Arising From Surrogacy Contracts, Irma S. Russell Jan 1988

Within The Best Interests Of The Child: The Factor Of Parental Status In Custody Disputes Arising From Surrogacy Contracts, Irma S. Russell

Faculty Works

No abstract provided.


Domestic Relations - Post-Separation Sexual Intercourse Precludes Enforcement Of Agreement Requiring Parties To Live Separate And Apart - Higgins V. Higgins, Gerald H. Groon Jr. Jan 1988

Domestic Relations - Post-Separation Sexual Intercourse Precludes Enforcement Of Agreement Requiring Parties To Live Separate And Apart - Higgins V. Higgins, Gerald H. Groon Jr.

Campbell Law Review

This Note will identify how the majority in Higgins analyzed prior case law to derive a legal definition for the term "separate and apart." This Note will also serve as a caveat to the legal community. The Higgins decision resulted from the couple's failure to abide by the terms of a condition precedent that had been inserted into a property settlement provision of the separation agreement. The decision should be confined to its narrow facts. The case does however deserve close scrutiny. Application by subsequent courts of the Higgins ruling as precedent for the proposition that isolated acts of sexual …