Digital Commons Network^™

Access Denied: The Problem Of Abused Men In Washington, Melody M. Crick

Seattle University Law Review

This Comment explains how the Washington legislature and court system have failed to provide abused men with much needed protection, despite a law that is facially gender neutral. Following this Introduction, Part II explores the wording of Washington's domestic violence statutes and analyzes the current implementing regulations. Part III demonstrates that the problem of abused men is legitimate by examining increasing social awareness and the results of current studies. By examining the prevailing national viewpoint embodied in the Violence Against Women Act, Part IV discusses how such a viewpoint adversely affects the availability of resources for abused men. Part V …

Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman

NYLS Law Review

No abstract provided.

Delivery Of Legal Services To Children In The Boston Area, Tamar Ezer

Articles

No abstract provided.

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Fourteen of the domestic relations appellate cases decided during the survey period' are digested here. Georgia law requires that appeals of domestic relations cases occur through the discretionary application process. A party wanting to appeal an order in a domestic relations case must first file an application to obtain the appropriate appellate court's permission to file an appeal. As part of a pilot project, the Georgia Supreme Court announced it would accept all "non-frivolous" applications filed in domestic relations cases during the calendar year 2003. The pilot project does not include cases that would be appealed first to the court …

Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger

All Faculty Scholarship

This article will examine the demographics of the current juvenile delinquency caseloads and will argue that, despite trends toward greater punitive measures-including placement of juveniles in adult courts for certain offenses, the concept of a therapeutic "family-centered court," which inspired Jane Addams and her colleagues, remains the most promising approach to delinquency, articulated most notably by the proponents of the unified family court concept. The article will consider and address objections and concerns raised with respect to this approach, looking at ways in which several states have incorporated juvenile delinquency into a family-centered unified family court.

Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman

All Faculty Scholarship

The child support system is not serving low-income families well. Custodial parents are not receiving the child support they need. Enforcement of child support for lowincome parents receiving welfare primarily benefits the state because the payments are owed to the government. Low-income noncustodial parents face unrealistically high child support orders and large arrearages take so much of their wages that they cannot support themselves. They go to jail-often recurrently-because they cannot meet their obligations and thereby lose the opportunity to keep a job. Their driver's licenses are suspended because they have not paid their support. To evade this punitive cycle, …

Yes, No, And Maybe: Informed Decision Making About Divorce Mediation In The Presence Of Domestic Violence, Nancy Ver Steegh

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Moving Towards A Collaborative Family Law Paradigm: The Struggle To Bring Non-Litigious Divorce To The Masses

Child and Family Law Journal

No abstract provided.

Custody And Visitation: Considerations For Every Attorney Retained By A Survivor Of Domestic Violence, Caitlin Glass, Tamara Kuennen, Sharon Lopez

Sturm College of Law: Faculty Scholarship

Legal representation is a critical tool for survivors of domestic violence to live free from their battering partners. Representation in custody and visitation matters-- integral issues in the separation context--is particularly consequential for survivors. First, studies of custody litigation indicate that fathers who battered the mothers of their children are twice as likely to seek sole physical custody as are nonviolent fathers. Batterers are as likely as nonbattering fathers to prevail. Since the 1970s, fathers in general have been at a marked advantage in custody disputes. Second, custody and visitation claims involve a complex array of legal issues, laws, practices, …

The Intersection Between Welfare Reform And Child Support Enforcement: D.C.’S Weak Link, Stacy Brustin

Scholarly Articles

This Article examines the effectiveness with which the District of Columbia has linked welfare reform and child support collection. Part I discusses the ways in which the 1996 federal welfare reform legislation significantly altered federal and state child support systems. Part II shifts the discussion from the national arena to the District of Columbia and explores legislative, executive, and judicial responses to child support enforcement in the wake of federal welfare reform.

Part III recommends ways in which the District of Columbia can improve its enforcement system and suggests that it is not enough to simply establish child support orders; …

Marriage Law: Obsolete Or Cutting Edge?, Michigan Journal Of Gender & Law

Michigan Journal of Gender & Law

Over the past hundred years, social and cultural expectations surrounding various forms of committed relationships have changed dramatically, and contemporary legal systems have struggled to adapt. The result has been an extraordinary opportunity to test fundamental assumptions about law, about the cultural understandings that are enforced through state power, and about the mechanisms that drive law's evolution. The Michigan Journal of Gender & Law has drawn together an exceptional group of panelists who will discuss these questions throughout the day.

Recommendations For Reform Of The Child Support System In Cook County, Malcolm Rich, Kristina Tunnicliff

Public Interest Law Reporter

No abstract provided.

Is "Response To Intervention" The Answer To The Individuals With Disability Education Act Eligibility Mess?

Child and Family Law Journal

No abstract provided.

Fact-Finding In Civil Domestic Violence Cases: Secondary Traumatic Stress And The Need For Compassionate Witness, Ann E. Freedman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Pedagogy Of Domestic Violence Law: Situating Domestic Violence Work In Law Schools, Adding The Lenses Of Race And Class, Sarah M. Buel

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy

All Faculty Scholarship

The passage of the federal Violence Against Women Act of 2000 (“VAWA II”) marked an important milestone in the evolution of the domestic violence movement. VAWA II created, among other things, a complex system for state and federal funding in all fifty states to provide civil legal assistance to battered women. Its passage completed a process that began in the early 1980s when domestic violence advocates shifted their focus from grass roots efforts to help battered women and their children leave abusive partners to building alliances with government and advocating for legal remedies to assist battered women. This paper looks …

A Unified Family Court, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

The Basics Of Getting Started - Who, What, When, Where, And How?, Leigh S. Goodmark

Faculty Scholarship

Before you open the doors of your school-based legal clinic, you need to answer some fundamental questions about how your clinic will operate. This section poses those questions and suggests a range of answers based on the experiences of lawyers who have established and/or are currently working in school-based clinics. Consider it a guide to assist you in getting your own clinic started. For further clarification on specific topics, refer to subsequent sections of the book where they are addressed in more detail.

A Voice For Low-Income Children: Evaluating Guardians Ad Litem In Divorce And Parental Rights And Responsibilities Cases, Alison A. Beyea, Frank D' Alessandro

Children, Youth, & Families

The Muskie Guardian ad Litem Project evaluated the use of Guardians ad Litem (GALS) in divorce and parental rights and responsibilities cases in Maine.

The research suggests that there are significant benefits of GAL appointment for children in contested court proceedings. GALS effectively represent the best interests of children in family proceedings. They assist the Court in issuing custodial decisions, assist in settlement of highly contested cases and otherwise expedite the legal process. In addition to their investigative function, GALS report working with parents and children in an effort to reduce conflict between family members and to connect families with …

The Complicated Game Of Child Support In Illinois: Does Anyone Really Win?, Kristina E. Smith

Public Interest Law Reporter

No abstract provided.

To Pay Or Not To Pay, That Is The Question: Should Ssi Recipients Be Exempt From Child Support Obligations?, Angela F. Epps

Journal Publications

This article will explore whether it is legally permissible for state courts to order Supplemental Security Income (SSI) recipients to pay child support. As background, the history of the SSI program, showing its genesis in a perceived need for uniformity, will be reviewed along with its current requirements. A discussion of federal child support laws will provide additional background.

Although many feel that every parent should be required to pay child support or argue against further federal subsidies, this article proposes an alternate solution. First, SSI recipients should be exempt from payment of child support. Next, the federal government, through …

Law Schools And Family Court Reform, Andrew Schepard

Hofstra Law Faculty Scholarship

Family courts are underfunded and overwhelmed, and the quality of representation provided by counsel in family court cases is problematic. This article discusses what role law schools can play in promoting family court reform. It argues that law school involvement in family court is consistent with the law school’s core missions of education, research, and public service. The article illustrates how law schools can he involved in family court reform by discussing interdisciplinary projects of the Center for Children, Families and the Law of Hofstra University and North Shore-Long Island Jewish Health Systems. Finally, the article identifies some lessons to …

Cuffed Love: Do Prison Babies Ever Smile?, Leda M. Pojman

Buffalo Women's Law Journal

No abstract provided.

Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter

Washington and Lee Law Review

No abstract provided.

Keeping Kids Out Of The System: Creative Legal Practice As A Community Child Protection Strategy, Leigh S. Goodmark

Book Gallery

No abstract provided.

Adjourning Justice: New York State's Failure To Support Assigned Counsel Violates The Rights Of Families In Child Abuse And Neglect Proceedings, Sheri Bonstelle, Christine Schessler

Fordham Urban Law Journal

This Comment evaluates New York City’s framework for assigning counsel to Family Court litigants, known as the 18-B system. Recognizing the lack of government support for 18-B attorneys, the author examines existing proposals to alter the Family Court system, and suggests a plan of action for a legislative task force. The Comment outlines the evolution of the assigned counsel system in New York and the history of child welfare policy, and discusses the roles of the Family Court attorneys, judges, and the legislature in maintaining adequate representation for parents. Next, the author examines the aspects of the Family Court and …

Child Care For Families Leaving Temporary Assistance For Needy Families, Rebecca L. Scharf, Sujatha Jagadeesh Branch, Cynthia Godsoe, Sherry Leiwant, Roslyn Powell, Cary Lacheen

Scholarly Works

Since Temporary Assistance for Needy Families (TANF) replaced the Aid to Families with Dependent Children program in 1996, the welfare rolls have decreased by more than 40 percent. While unemployment and poverty rates have declined, families who leave welfare generally earn low wages and remain below the poverty level. Because families leaving welfare are mostly single mothers with young children, child care is critical to their ability to work outside the home. Low-income parents trying to make ends meet, as well as employers of low-wage workers, emphasize the importance of appropriate, affordable child care in enabling women who leave welfare …

Indian Child Welfare Act: Keeping Families Together And Minimizing Litigation, Sarah Krakoff

Publications

No abstract provided.

Foster Care: The Border Of Family Identity Maintaining, (Re)Creating, Destroying, Zanita E. Fenton

Articles

No abstract provided.

Does Your Mediator Measure Up?: Standards Of Practice For Family And Divorce Mediation, Andrew Schepard, Ann Milne

Hofstra Law Faculty Scholarship

In most states, mediators are largely self-regulated. However, a variety of means have been developed to ensure that mediation services are provided in a competent and professional manner. Some regulation has been undertaken by state governments, courts, and professional associations. In addition, the Model Standards of Practice for Family and Divorce Mediation have been adopted by the American Bar Association (ABA), the Association of Family and Conciliation Courts (AFCC), and other state and local family and divorce mediation groups.