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Full-Text Articles in Law
Court-Created Boundaries Between A Visible Lesbian Mother And Her Children, Susan J. Becker
Court-Created Boundaries Between A Visible Lesbian Mother And Her Children, Susan J. Becker
Law Faculty Articles and Essays
This essay identifies some of the boundaries and obstacles imposed by the courts on a "visible" lesbian mother striving to maintain a healthy relationship with her children. The term "visible" is used to describe a mother whose lesbian sexuality has been revealed to a court empowered with defining her future contact with her children. The primary focus here is on children who were conceived through a heterosexual relationship, and where a heterosexual parent, grandparent, or other person is challenging the lesbian mother's right to custody of, or visitation with, her own children. Court created boundaries are identified and discussed in …
Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac
Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac
Law Faculty Articles and Essays
First, this Essay demonstrates that, because the "best interests" standard that states use in awarding custody between parents is so arbitrary, lawyers cannot effectively protect the parental rights of their clients. Next, this Essay contends that, because fit parents will do anything to preserve their bond with their children, the state not only expects them to commit perjury to protect their parental rights, but encourages them to do so. Finally, this Essay argues that lawyers should lay out all possible strategies to their clients even if doing so invites parents to perjure themselves.