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Full-Text Articles in Law

Domestic Relations -- 1958 Tennessee Survey, William J. Harbison Oct 1958

Domestic Relations -- 1958 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

Three cases during the survey period dealt directly or indirectly with the subject of adoptions.

In two cases which were discussed in the 1957 survey,' petitions for the adoption of two children were denied because of domestic difficulties in the home of the petitioning parents. The children were ordered to be placed in custody of the State Welfare Department. The foster mother, however, did not comply with this order promptly and was adjudged in contempt by the trial court where her petitions had been filed. The supreme court affirmed the contempt decree in a recently reported case.


Therapeutic Approach To Divorce Proceedings, Marcus G. Raskin, Sanford N. Katz Jan 1958

Therapeutic Approach To Divorce Proceedings, Marcus G. Raskin, Sanford N. Katz

Cleveland State Law Review

The concept of fault -the placing of blame on one party- has no place in the therapeutic approach to divorce cases. If we consider the concept of fault in a different sense, namely, misconduct contributing to the disruption of the marital relation, then the concept becomes workable. The marriage counselor's primary function is not to determine which party's misconduct has caused the discord. The therapeutic approach is based on a relational misconduct. That is, it applies when both parties are responsible for the breakup. The aim of the therapeutic approach is not to "reward the innocent and punish the guilty." …