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Family Law Commons

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Articles 1 - 11 of 11

Full-Text Articles in Family Law

Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins Mar 1996

Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins

Washington and Lee Law Review

No abstract provided.


Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison Jan 1996

Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison

Faculty Scholarship

No abstract provided.


Standards Of Appellate Review For Denial Of Counsel And Ineffective Assistance Of Counsel In Child Protection And Parental Severance Cases, William Wesley Patton Jan 1996

Standards Of Appellate Review For Denial Of Counsel And Ineffective Assistance Of Counsel In Child Protection And Parental Severance Cases, William Wesley Patton

Loyola University Chicago Law Journal

No abstract provided.


Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos Jan 1996

Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos

Loyola University Chicago Law Journal

No abstract provided.


Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz Jan 1996

Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz

Michigan Journal of Gender & Law

Part I of this Article will discuss some of the legal difficulties associated with co-parenting and why lesbian couples have sought second-parent adoptions. Part II will examine the particular statutory obstacles to second-parent adoptions and then analyze the various ways courts in several states have overcome these obstacles. Finally, Part III will discuss the implications of these decisions in terms of their creation of legal and social norms.


Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field Jan 1996

Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field

Michigan Journal of Gender & Law

At issue is custody of three-and-a-half-year-old Maranda (date of birth: April 22, 1991). The trial court found that Maranda had an established custodial environment with her mother, Jennifer Ireland, but then nominally ordered custody changed to Steven Smith. The court's order changing custody was based on a determination that day care is an inappropriate choice for care of a preschool child, and that no one effectively can be a single parent and a student at the same time. Those findings have no factual basis in the record, no legal basis under Michigan law, and no logical or even common sense …


Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella Jan 1996

Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella

UIC Law Review

No abstract provided.


University Of Richmond Law Review Jan 1996

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac Jan 1996

Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac

Law Faculty Articles and Essays

First, this Essay demonstrates that, because the "best interests" standard that states use in awarding custody between parents is so arbitrary, lawyers cannot effectively protect the parental rights of their clients. Next, this Essay contends that, because fit parents will do anything to preserve their bond with their children, the state not only expects them to commit perjury to protect their parental rights, but encourages them to do so. Finally, this Essay argues that lawyers should lay out all possible strategies to their clients even if doing so invites parents to perjure themselves.


Guardians: A Research Note, Chris Guthrie, Lawrence M. Friedman, Joanna L. Grossman Jan 1996

Guardians: A Research Note, Chris Guthrie, Lawrence M. Friedman, Joanna L. Grossman

Vanderbilt Law School Faculty Publications

Guardianship goes back quite far in legal history; it has been a feature of American law since the colonial period. Something like guardianship is a necessity in a system that recognizes private ownership of property, while dividing the world into those who are, and those who are not, sui juris-that is, fully capable of acting on their own. The boundaries between these two domains can be quite indistinct. Defining who is insane or incompetent can be especially problematic because these categories are socially and culturally variable. Most people committed in 1900, for example, would hardly be considered insane today; they …


God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred Jan 1996

God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred

Scholarly Works

In this Article, I argue that poor parents who are willing, but economically unable, to provide proper care for their children are entitled to some minimum level of state assistance grounded in the constitutional right to family integrity. The right to family integrity, when coupled with the state's power as parens patride, creates an affirmative obligation on the state to provide income assistance to impoverished families when necessary to protect the welfare of the children and maintain the family intact.