Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Inequity In Private Child Custody Litigation, Dale Margolin Cecka
Inequity In Private Child Custody Litigation, Dale Margolin Cecka
Law Faculty Publications
This article explores the history and implications of a two-tiered system for adjudicating matrimonial-as opposed to nonmatrimonial- custody matters. As the author uncovered by calling every clerk's office in every major city in the country, matrimonial matters are under a different jurisdiction or part of court in nine states.' This differential treatment has implications for the outcome of private custody cases. It also reflects a bias in the administration of justice, based on race and socioeconomic class. Perhaps most importantly, it causes the government and other outside parties (such as court appointed guardians ad litem) to be more involved …
A Test To Identify And Remedy Anti-Gay Bias In Child Custody Decisions After Obergefell, Nat Stern, Karen Oehme, Mark Joseph Stern
A Test To Identify And Remedy Anti-Gay Bias In Child Custody Decisions After Obergefell, Nat Stern, Karen Oehme, Mark Joseph Stern
Scholarly Publications
No abstract provided.
Until The Client Speaks: Reviving The Legal-Interest Model For Preverbal Children, Lisa Kelly, Alicia Levezu
Until The Client Speaks: Reviving The Legal-Interest Model For Preverbal Children, Lisa Kelly, Alicia Levezu
Articles
This article seeks to revive and develop further the concept of legalinterest advocacy, which was first introduced by the American Bar Association in 1996. This overlooked model offers a workable alternative to both the best-interest and substituted-judgment representation models for preverbal clients. Through legal-interest advocacy, attorneys for preverbal children are charged with ensuring that the many rights given to infants are enforced, while withdrawing from attorneys the ability to impose their values on the child client. This article outlines how legal-interest advocacy representation can ensure that a child's legal rights are protected and preserved until the child client can speak …