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Full-Text Articles in Law
Preserving The Family Through Change For The Sake Of Future Generations, Sanford N. Katz
Preserving The Family Through Change For The Sake Of Future Generations, Sanford N. Katz
Sanford N. Katz
Within the last fifty years, a transformation has taken place in American law. Before then, family relationships, like parent-child relationship, were clearly defined by biology or adoption. Marriage was defined by gender. Marriage certificates and birth certificates evidenced one's legal status. The transformation that has occurred was the legal recognition that took reality into account that relationships can develop without formalities. No longer can it be said that either one is in a certain status or one is not. Marriage-like relationships have been recognized, like civil unions, as well as de facto parenthood. American law has now recognized that marriage …
Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner
Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner
Dana Harrington Conner
For survivors of intimate partner violence, custody is, without question, one of the most important issues addressed by our legal system. For battered women, the court’s decision regarding their children is critical. As a result, legal scholars have examined, in depth, the value of sole custody awards in favor of battered women, as well as the dangers of joint custody. To that end, this Article considers, beyond the obvious risks of physical harm, why joint legal custody is not a viable alternative to sole legal custody in cases involving intimate partner violence. In addition, by de-constructing the fundamental aspects of …