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Full-Text Articles in Juvenile Law
Child Custody In A Federal System, Leonard G. Ratner
Child Custody In A Federal System, Leonard G. Ratner
Michigan Law Review
Among the most difficult of judicial functions is the determination of a child's custody after its parents have separated. The difficulties are acute enough when all the parties remain in the same place; when the parties are in different states, an additional perplexing problem arises as to which state should have authority to make the custody decision. This broad question can be resolved into three distinct though interrelated issues: (1) what state may initially determine custody; (2) what state may later modify that determination; (3) to what extent is such a determination binding on other states.
Torts - Parent - Child Action By Child For Indirect Interference With Family Relationship, William R. Jentes S.Ed.
Torts - Parent - Child Action By Child For Indirect Interference With Family Relationship, William R. Jentes S.Ed.
Michigan Law Review
Five minor children sued for the loss of their mother's support, care and affection which resulted from the defendant's negligent injury of the mother in an auto accident. Defendant moved to dismiss the complaint for failure to state a claim upon which relief could be granted. Held, motion denied. A minor child has a cause of action for damages resulting from an indirect, negligent interference with his rights in the family relationship. Scruggs v. Meredith, (D.C. Hawaii 1955) 134 F. Supp. 86.8.
Negligence - Breach Of Duty - Standard Of Care Required Of Infant Defendants, Dale Van Winkle
Negligence - Breach Of Duty - Standard Of Care Required Of Infant Defendants, Dale Van Winkle
Michigan Law Review
One of the defendants, a child four years and eight months of age, while playing with infant plaintiff, threw a stone which struck a bottle near where plaintiff was standing. A chip of glass Hew from the bottle into the eye of plaintiff, resulting in injury. The action was brought by infant plaintiff's father individually and as guardian ad litem against infant defendant's father individually and as guardian ad litem. The trial court denied infant defendant's motion for summary judgment. On appeal, held, reversed and remanded with directions to dismiss the complaint as to infant defendant. The authorities do …
Advancements: Iii, Harold I. Elbert
Advancements: Iii, Harold I. Elbert
Michigan Law Review
Many states have statutes which provide that support, maintenance and education of a child will not be considered an advancement unless the parent intended it as such. The Kentucky statute is typical and it reads in part as follows: " . . . the maintaining or educating or the giving of money, to a child or grandchild without any view to a portion or settlement in life, shall not be deemed an advancement." Most states do not have statutes of that type but by judicial decision reach a result that is in accord with the statutory provision just quoted.
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Michigan Law Review
Plaintiff, a baby sitter, suffered injuries when she was pushed violently to the floor by her four-year-old charge. Plaintiff brought an action against the child alleging battery and negligence, and against the parents alleging negligence in failing to warn plaintiff of the boy's habit of violently attacking people. The lower court sustained demurrers to all three counts. On appeal, held, reversed on the first and third counts. An infant may be charged with battery, and a parent may be negligent in failing to warn of an infant's violent tendencies. Ellis v. D'Angelo, 116 Cal. App. (2d) 310, 253 …