Family Law Commons^™

Child Custody Contests - Rights Of The Father; Mcdanial V. Mcdanial, Howard Walton

Akron Law Review

In an Ohio divorce action when there is a contest for the custody of a minor child, the proper standard to be employed by the court is: what arrangement will be in the best interest of the child?' In an action for modification of a custody award the same standard is applicable. A statute provides that one parent is not preferred over the other; however, all other considerations being equal, custody will normally be given to the mother, provided that she is fit.

The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio

Akron Law Review

It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.

State V. Nemeth: Equal Protection For The Battered Child, Joseph A. Shoaff

Akron Law Review

This Note analyzes the Court's decision in Nemeth. Part II presents a background of the battered child syndrome followed by a discussion of the admissibility of battered woman and battered child syndrome testimony in Ohio. In addition, it contains a brief overview of Ohio's ambiguous self-defense standard. Part III presents the facts, procedural history, and holding of Nemeth. Part IV analyzes the Court's holding.

This Note establishes why the Ohio Supreme Court should recognize the psychological equivalency of the battered woman and battered child syndromes and affirm the Nemeth holding on equal protection grounds. In doing so, the Court will …

C.R.B. V. C.C And B.C.: Protecting Children's Need For Stability In Custody Modification Disputes Between Biological Parents And Third Parties, Laura Beresh Taylor

Akron Law Review

This Note examines the collision of the “foundational policies” recognized by the Alaska Supreme Court. Part II provides an overview of the parental preference doctrine and custody modification standards. Part III presents the facts, procedural history, and the Alaska Supreme Court’s holding in C.R.B. Finally, Part IV analyzes the Alaska Supreme Court’s decision and its consequences. The Alaska Supreme Court properly rejected the use of a parental preference in custody modification disputes, and its holding produced a desirable outcome. However, this Note establishes why the court should adopt a more stringent modification standard to safeguard children’s need for stability in …

Chenault V. Huie: Denying The Existence Of A Legal Duty Between A Mother And Her Unborn Child, Edward Sylvester

Akron Law Review

When an unborn child is injured by its mother, and subsequently born alive, who should be protected? The Court of Appeals of Texas, in Chenault v. Huie, feared the slippery slope, and gave deference to the mother when it denied the existence of a legal duty between mother and fetus. Few cases have directly addressed a child’s tort action against her mother for prenatal substance abuse that resulted in injuries sustained while en ventre sa mere.

This Note discusses the general background of a child’s right to sue for fetal injury and the liability of the individuals that cause the …

The Science And Statistics Behind Spanking Suggest That Laws Allowing Corporal Punishment Are In The Best Interests Of The Child, Jason M. Fuller

Akron Law Review

Were such a killing to occur in the U.S., the popular reaction would have been, “How can we prevent this from happening again?” In Sweden, however, youth violence and aggression has gotten so out-of control that the reaction was, “Shoot another [one].” Sadly, many policymakers fail to realize how Swedish laws have contributed to growing youth violence, and consequently, to public resentment of Swedish youths.

In 1979, Sweden started an international trend by becoming the first country to ban spanking. Since then, twenty-three more countries have outlawed it. The European Committee of Social Rights currently is urging all forty-five of …

Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal

Akron Law Review

One is forced to wonder whether any laws exist to protect minors whose personal lives are laid bare as their own parents thrust them into the paparazzi’s spotlight. This article addresses this question, considering the best legal regime for regulating employment of children in reality programming, and suggesting an alternative to the status quo. To that end, Part II begins by identifying the various harms reality programming causes, arguing that participating in reality programming is detrimental both to the individual children who participate and to society in general. Part III surveys the current legal landscape, addressing first the federal law …