Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 3 of 3
Full-Text Articles in Law
Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff
Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff
Faculty Publications
This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.
Setting Standards For Parenting - By What Right?, James G. Dwyer
Setting Standards For Parenting - By What Right?, James G. Dwyer
Faculty Publications
Mental health professionals, like other professionals involved in family
matters, feel constrained when advocating for the interests of children by the belief
that parents are entitled to custody and control of their children's lives, regardless of
what others may think of their parenting behavior, absent severe harm to the children.
This belief is morally untenable, and the legal doctrine of parental rights that is its
concrete embodiment is inconsistent with other well-established legal principles and
should be abandoned. Children alone should have legal rights in connection with their
upbringing, and those rights should include an entitlement to much higher standards …
The Ethics Of Judicial Decision-Making Regarding Custody Of Minor Children: Looking At The Best Interests Of The Child" And The "Primary Caretaker" Standards As Utility Rules, Kathryn Mercer
Faculty Publications
This article will examine how a judge's ethical framework can influence the outcome of a custody award, even where the same "child-centered" standard is ostensibly being used. This article uses three cases from the Supreme Court of Nebraska to demonstrate that the "best interests of the child" standard can be used: 1) to award a parent custody because parents have near absolute rights (an example of rule deontology); 2) to deny a parent custody because the par ent is unfit (an example of rule utilitarianism); or 3) to deny a parent custody because the child's life needs stability (an example …