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Full-Text Articles in Law
In Re Guardianship Of N.M., 131 Nev. Adv. Op. 75 (September 24, 2015), Daniel Ormsby
In Re Guardianship Of N.M., 131 Nev. Adv. Op. 75 (September 24, 2015), Daniel Ormsby
Nevada Supreme Court Summaries
The Court heard an appeal from a parent-appellant challenging a district court’s exercise of temporary emergency jurisdiction to appoint a temporary, non-parent, guardian and general, non-parent, guardian. Affirmed.
Children’S Voices In Family Law Conflicts, Benedetta Faedi Duramy, Tali Gal
Children’S Voices In Family Law Conflicts, Benedetta Faedi Duramy, Tali Gal
Publications
Children are commonly recognized as separate human beings with individual views and wishes worthy of consideration. Their ability to freely express these views and wishes constitutes the concept of child participation, defined by Article 12 of the United Nations Convention on the Rights of the Child as the right of children capable of forming their own views to be able to express themselves freely in all matters affecting their lives. Children should particularly be provided with the opportunity to be heard in any judicial and administrative proceedings pertaining to them, either directly or through appropriate representatives, and with necessary precautions …
Summary Of Beau Davis V. Andrea Ewalefo, 131 Nev. Adv. Op. 45 (July 02, 2015), Daven Cameron
Summary Of Beau Davis V. Andrea Ewalefo, 131 Nev. Adv. Op. 45 (July 02, 2015), Daven Cameron
Nevada Supreme Court Summaries
On appeal from a child custody decree, the Court found the District Court did not have specific findings of fact to support the restriction of travel and visitation outside of the United States and its territories. The Court granted en banc reconsideration, reversed and remanded the case for further fact finding considerations concerning whether the minor child can safely travel overseas for parental visitation.
Must Judges Follow Children’S Wishes Over Their Custody?, Benedetta Faedi Duramy
Must Judges Follow Children’S Wishes Over Their Custody?, Benedetta Faedi Duramy
Publications
Across countries and jurisdictions, allowing children to voice their preferences in family disputes is beneficial for all parties involved. Judges find it useful to complement and corroborate facts and information of a case, parents learn how their children are coping with the current situation, and, finally, children end up being more satisfied with the process and adjusting better to the outcome. Giving children a say over their custody empowers them, fosters their sense of control, and contributes to their best interest. Those who are not invited to express their views, instead, become disappointed, frustrated and resentful.
The Other Side Of The Rabbit Hole: Reconciling Recent Supreme Court Personal Jurisdiction Jurisprudence With Jurisdiction To Terminate Parental Rights, Joan M. Shaughnessy
The Other Side Of The Rabbit Hole: Reconciling Recent Supreme Court Personal Jurisdiction Jurisprudence With Jurisdiction To Terminate Parental Rights, Joan M. Shaughnessy
Scholarly Articles
This Essay contrasts the jurisdictional regime followed in termination of parental rights and other child custody cases with the regime that has dominated recent Supreme Court personal jurisdiction cases. Jurisdiction in child custody cases has long been based upon the connection of the child, not the defendant parent, to the jurisdiction. Recent Supreme Court cases, on the other hand, have focused nearly exclusively on the defendant’s connection to the forum state. This Essay argues that the Supreme Court cases betray a failure of the Court to provide a consistent constitutional justification for the jurisdictional limitations it has imposed. The Essay …
Paved With Good Intentions: Unintended Consequences Of Federal Proposals To Integrate Child Support And Parenting Time, Lisa V. Martin, Stacy Brustin
Paved With Good Intentions: Unintended Consequences Of Federal Proposals To Integrate Child Support And Parenting Time, Lisa V. Martin, Stacy Brustin
Faculty Publications
Promoting the relationships between noncustodial parents and their children has become a federal policy priority. Recent policy proposals aim to achieve this by integrating adjudications of custody and parenting time within proceedings to establish child support. These proposals share several laudable goals, including encouraging the involvement of fathers in their children’s lives, increasing compliance with child support orders, and facilitating unmarried parents’ access to court processes for resolving custody and visitation disputes. But the simplistic solutions employed by the proposals, some of which would mandate that custody and visitation be adjudicated in all child support proceedings, pose serious risks to …
Postmarital Family Law: A Legal Structure For Nonmarital Families, Clare Huntington
Postmarital Family Law: A Legal Structure For Nonmarital Families, Clare Huntington
Faculty Scholarship
Family law is based on marriage, but family life increasingly is not. The American family is undergoing a seismic shift, with marriage rates steadily declining and more than four in ten children now born to unmarried parents. Children of unmarried parents fall far behind children of married parents on a variety of metrics, contributing to stark inequality among children. Poverty and related factors explain much of this differential, but new sociological evidence highlights family structure — particularly friction and dislocation between unmarried parents after their relationship ends — as a crucial part of the problem. As the trend toward nonmarital …