Law Commons^™

Domestic Relations, Charles V. Crowe

Mercer Law Review

This Article addresses noteworthy appellate decisions and legislative updates relevant to Georgia domestic relations law during the Survey period from June 1, 2021 through May 31, 2022.

Domestic Relations, Andrew B. Mcclintock, Allison C. Ellison

Mercer Law Review

This Article addresses significant case law and legislative updates to Georgia domestic relations law that arose during the Survey period from June 1, 2020 through May 31, 2021. Notably, this period includes the state of emergency declared by the Governor and statewide judicial emergency declared by Chief Justice Harold D. Melton on March 14, 2020, in response to the outbreak of the novel coronavirus (COVID-19) in the state of Georgia during the first quarter of 2020. The majority of litigation deadlines were reinstated effective July 13, 2020, as part of the Fourth Order Extending Statewide Judicial Emergency issued by the …

Biology Is Not Destiny: Biological Fathers’ Rights To Their Newborn Children Born Out Of Wedlock In Georgia, Emory Larkin

Mercer Law Review

Leonardo da Vinci, William the Conqueror, Alexander Hamilton, Jon Snow. The common denominator between these seemingly random individuals is that they are all known for being “bastard children.” Everyone who followed the popular television series, Game of Thrones, knows Jon Snow was erroneously recognized as the bastard son of his “father,” Ned Stark. Actually, “Snow” was the show’s universal last name for all bastard children. Likewise, anyone who has seen Hamilton: An American Musical knows Alexander Hamilton was a bastard son who was able to defy the odds and become a founding father of the United States. Bastard children are …

Domestic Relations, Andrew B. Mcclintock, Allison C. Kessler, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This Article reviews opinions impacting the practice of criminal law delivered by the Supreme Court of the United States and the Georgia Supreme Court covering the period of June 1, 2019, up until May 21, 2020. This Article is designed to be a mere overview to both prosecutors and defense attorneys of decisions and new statutes, and it serves as a broad guideline to how these decisions will affect their practices.in the State of Georgia in the first quarter of 2020 and continuing through the end of the survey period.

Fraying The Knot: Marital Property, Probate, And Practical Problems With Tribal Bans, Suzianne D. Painter-Thorne

Articles

In the summer of 2015, marriage equality advocates celebrated the Supreme Court’s decision in Obergefell v. Hodges, which struck down state prohibitions on same-sex marriage.The Court found that “[t]he right of same-sex couples to marry . . . is part of the liberty promised by the Fourteenth Amendment.” Two years earlier, the Court had struck down parts of the federal Defense of Marriage Act (DOMA), finding that the federal government could not discriminate against same-sex married partners. With these two decisions, the Court ensured that the marriages of same-sex couples would be recognized by the federal government and in …

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Andrew B. Mcclintock, Allison C. Kessler

Mercer Law Review

This Article addresses significant case law and legislative updates to Georgia domestic relations law that arose during the survey period from June 1, 2018 through May 31, 2019.

• Contract Rules
• Alimony
• Child Support
• Custody and Visitation
• Equitable Division
• Enforcement
• Attorney's Fees
• Appellate Practice

Restructuring Rebuttal Of The Marital Presumption For The Modern Era, Jessica Feinberg

Articles

The marital presumption of paternity, which arose from English common law, has served as a core component of the law governing parentage in the United States since the nation’s inception. Pursuant to the marital presumption, a husband is presumed to be the legal father of any child born to or conceived by his wife during the marriage. Historically, the marital presumption was extremely difficult to rebut, generally requiring proof of the husband’s non-access to his wife during the time of conception, the husband’s sterility or impotence, or adultery on the part of the wife. As these early grounds for rebuttal …

Throwing The Baby Out With The Patriarchy, Scott Titshaw

Articles

Throughout the history of Europe and its former new world colonies, families have been a central unit for defining legal rights and duties, including those related to citizenship and immigration. Less than a century ago, a woman and her children automatically gained or lost citizenship in the U.S. and many other countries upon her marriage to a citizen or noncitizen. The family was treated as one unit reflecting the legal identity of the father-husband as “head of family.”

Fortunately, the United States and other governments have increasingly recognized women – and, to a lesser extent, children – as independent persons …

A Logical Step Forward: Extending Voluntary Acknowledgments Of Parentage To Female Same-Sex Couples, Jessica Feinberg

Articles

Under current law, stark differences exist between different- and same-sex couples who welcome children into the world with regard to the ease through which the member of the couple who did not give birth to the child is able to obtain legal parent status. While a number of simple, efficient procedures exist for establishing legal parentage for different-sex partners of women who give birth, same-sex partners of women who give birth often have to go through significantly more complex, time-consuming, and expensive procedures in order to establish legal parentage. The inequitable treatment of same-sex couples in establishing legal parentage has …

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Abigail M. Herrmann

Mercer Law Review

This Article addresses significant case law during the survey period from June 1, 2016 through May 31, 2017.

Whither The Functional Parent? Revisiting Equitable Parenthood Doctrines In Light Of Same-Sex Parents’ Increased Access To Obtaining Formal Legal Parent Status, Jessica Feinberg

Articles

Until relatively recently, the law did not provide avenues through which both members of a same-sex couple could gain recognition as the parents of the children they were raising together. Instead, generally only the member of the same-sex couple who was the child’s biological parent was recognized as the child’s legal parent, and the nonbiological parent was considered a legal stranger to the child. Historically, nonbiological parents in same-sex relationships could not gain legal parent status because the traditional avenues for establishing legal parent status in the United States have been based upon biology, marriage, and adoption. Since joint biological …

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Katherine C. Mcguire

Mercer Law Review

This Article addresses significant case law that arose in Georgia domestic relations law from June 1, 2015 to May 31, 2016.

Same-Sex Spouses Lost In Translation? How To Interpret “Spouse” In The E.U. Family Migration Directives, Scott Titshaw

Articles

This Article analyzes the word “spouse” in the European Union’s Family Migration Directives in detail, focusing on the treatment of married bi-national same-sex couples. Through these directives, the European Union exercises significant authority over family-based immigration and internal migration, expressly providing immigration rights to the “spouses” of E.U. citizens and legal residents. However, family law, including the familial status of “spouses” is governed by individual E.U. member states. While a growing number of member states authorize same-sex marriage, the majority still do not. The E.U., therefore, must determine how to treat migrating couples who are legal spouses in one member …

Third Party Stepparent Childcare, Jeffrey A. Parness

Mercer Law Review

More and more children are raised by a parent and a stepparent.' These children are often unaware of the differences between such child caretakers under law. When a parent and a stepparent separate, stepparent childcare often ceases at the direction of the parent, sometimes prompting harm to the child, to the stepparent, and to other one-time and current family members (including stepgrandparents and stepsiblings). As well, stepparent childcare can cease when a parent dies, prompting similar harm. ...

This Article explores the federal constitutional limits on third party stepparent childcare over current parental objections. The Article then surveys both general …

Gradual Marriage, Jessica Feinberg

Articles

The time has come to reform the law governing marriage. In determining the rights and obligations between spouses arising from marriage, current law does not adequately account for the way in which spousal behaviors and expectations change over the course of a marriage. With regard to intact marriages, under the existing legal framework, the spousal rights and obligations enjoyed by couples in intact marriages arise all at once—at the moment a couple is granted a marriage license—and do not change as the years of marriage pass or as children are born to the marriage. In terms of dissolving marriages, with …

Consideration Of Genetic Connections In Child Custody Disputes Between Same-Sex Parents: Fair Or Foul?, Jessica Feinberg

Articles

Historically, in child custody disputes involving same-sex couples who conceived their children through assisted reproductive technology, the law only recognized the relationship between the child and the member of the same-sex couple who was the child’s genetic parent. Consequently, non-genetic parents in these situations were frequently denied standing to seek custody or visitation following the dissolution of their relationship with the child’s genetic parent. Due to recent legal advancements, however, it is becoming far more common for both members of a same-sex couple to be legally recognized as the parents of a child conceived through assisted reproductive technology. Unfortunately, despite …

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Katherine S. Cornwell

Mercer Law Review

This Article addresses significant case law that arose during the survey period,' minor statutory changes specific to child support, and changes to the Uniform Superior Court Rules.

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Katherine S. Cornwell

Mercer Law Review

This Article addresses significant case law that arose during the survey period. There were no extensive statutory changes specific to domestic relations during this period, though legislation was passed by the Georgia General Assembly providing limitations on personal information allowed in court filings.

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This Article addresses significant case law that arose during the survey period. There were no statutory changes specific to domestic relations during this period, though substantial changes were made to the evidence code.

Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw

Articles

As U.S. states and foreign nations began recognizing same-sex marriages over the last dozen years, the anti-gay definitions of "marriage" and "spouse" in Section 3 of the Defense of Marriage Act ("DOMA'') rendered those marriages invisible for immigration purposes. Thousands of U.S. citizens were left with a cruel choice between country and family: Remain alone in the United States or start anew with spouses and stepchildren abroad. Other couples did not qualify to emigrate anywhere together, leaving them no choice at all. DOMA also devastated children. Not only might they be separated from one parent, but their own immigration or …

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This Article addresses significant case law and statutory changes that arose during the survey period.2 Legislation passed by the Georgia General Assembly in 2011 regarding the appellate procedure and in 2012 regarding grandparent visitation rights took effect, and the Georgia Supreme Court continued to accept nonfrivolous appeals in divorce cases, providing guidance regarding domestic relations law.

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This survey period' saw continued evolution of domestic relations law.2 Legislation passed during the 2010 and 2011 Regular Session of the Georgia General Assembly took effect during this survey period, and the Georgia Supreme Court continued to accept nonfrivolous appeals in divorce cases, which provide guidance to those interested in domestic relations law.

The Last Rights: Controversial Ne Exeat Clause Grants Custodial Power Under Abbott V. Abbott, Danielle L. Brewer

Mercer Law Review

The weight to be assigned to the laws and practices of foreign legal systems in the analysis of international agreements and domestic statutory disputes has long been a topic of debate in the legislative, executive, and judicial branches of the United States government. On one side of the argument, traditional scholars contend that, as a sovereign, the United States should make decisions based solely on the best interests of its citizens, regardless of the detriment imposed on the international community by such practices. Conversely, as a modern approach, the cosmopolitan view of international systems' depicts the United States as just …

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This survey period saw continued evolution of domestic relations law through changes in legislation and case law. Legislation passed in the 2009 Session of the Georgia General Assembly took effect during this survey period, and the Georgia Supreme Court continued to accept non-frivolous appeals in divorce cases, which provides guidance to those interested in domestic relations law.

• PRENUPTIAL AGREEMENTS
• PLEADINGS
• CHILD CUSTODY
• CHILD SUPPORT
• ALIMONY
• DIVISION OF PROPERTY
• ADOPTION
• TRUSTS

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This Survey chronicles developments in Georgia domestic relations law from June 1, 2008 to May 31, 2009. This survey period saw continued evolution of domestic relations law through changes in legislation and case law. Legislation passed by the 2008 Georgia General Assembly took effect on July 1, 2008. The Georgia Supreme Court continued to accept non-frivolous appeals in divorce cases, which provide guidance to those interested in domestic relations law.

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

Mercer Law Review

This survey period saw domestic relations law continue to evolve through new legislation and new case law. The 2006 Georgia legislature made dramatic changes to the child support calculations that took effect in 2007. The 2007 Georgia legislature has turned its focus to child custody issues, including passing laws requiring parenting plans in custody, allowing attorney fee awards, and allowing for direct appeals in child custody cases. The Georgia Supreme Court continued to accept nonfrivolous appeals in divorce cases, and as a result, the appellate courts have been able to give guidance to those interested in domestic relations law.

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

Mercer Law Review

This survey period saw continued changes to domestic relations law in Georgia. The Georgia General Assembly completed its sweeping revisions of the child support guidelines. The electorate passed an amendment to the Georgia Constitution defining "marriage." The Georgia Supreme Court extended its 2003 pilot project for the third year, agreeing to accept all "non-frivolous" applications filed in divorce and alimony cases during the 2006 calendar year. As a result, all persons interested in domestic relations law have benefited from many more substantive decisions from the appellate courts.

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

Mercer Law Review

This survey period saw major changes to domestic relations law. With the political changes in the state legislature came sweeping reforms to what seemed to be deeply entrenched laws. Although Georgia law presently requires appeals of all domestic relations cases occurring through the discretionary application process, the Georgia Supreme Court extended its 2003 pilot project into its third year, agreeing to accept all "non-frivolous" applications filed in divorce and alimony cases. As a result, those interested in domestic relations law have benefited from many more substantive decisions from the appellate courts on a variety of issues. Revisions to the Uniform …

A New Era Of Dead-Beat Dads: Determining Social Security Survivor Benefits For Children Who Are Posthumously Conceived, Ann-Patton Nelson

Mercer Law Review

In Gillett-Netting v. Barnhart, the United States Court of Appeals for the Ninth Circuit held that posthumously conceived children born to a married couple were dependent under the Social Security Act ("Act") and entitled to child's survivor benefits. The posthumously conceived children in Gillett-Netting were born as a result of an in vitro fertilization process conducted after the husband's death. After the birth of her twins, the mother filed for benefits under the Act based on her late husband's earnings. The court ruled that because the twins were their father's legitimate children under Arizona law, they were to be …

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

Mercer Law Review

Of the domestic relations appellate cases decided during this survey period, twenty-three are discussed below. 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 permission of the appropriate appellate court to file an appeal. As part of a pilot project, the Georgia Supreme Court began accepting all "non-frivolous" applications filed in domestic relations cases during the 2003 calendar year. The supreme court extended the pilot project for the 2004 calendar year; however, the supreme …