Law Commons^™

The Legal Relationship Between Cohabitants And Their Partners' Children, Cynthia Grant Bowman

Cornell Law Faculty Publications

This Article argues that U.S. law should give protection to relationships between cohabitants and their partners 'children when necessary to avoid the economic and emotional trauma that may be caused by separation of the child from a member of his or her household if the cohabitation ends. After examining the social science literature about the welfare of both stepchildren and children of cohabitants and the inadequate legal treatment of custody, visitation, and child support issues under current law, the author recommends that cohabiting stepparents (1) be given standing to seek custody if they have acted as de facto parents, with …

Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams

Faculty Scholarship

No abstract provided.

Brief Amicus Curiae Of Joseph R. Grodin As Amicus Curiae Supporting Neither Party (Vacatur), Elk Grove Unified School District V. Newdow, No. 02-1624 (U.S. Dec. 19, 2003), ., Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Court-Ordered Mediation In Family Disputes: The New York Proposal, Linda Silberman, Andrew Schepard

Hofstra Law Faculty Scholarship

Marital and family disputes have been an important focus for alternative dispute resolution. Perhaps because divorce and custody disputes reveal the personal, human, and emotional aspects of conflict more visibly than other types of legal proceedings, attempts to resolve such disputes through the traditional legal process have proved remarkably ineffective. Mediation of divorce and custody matters is a particularly promising method of achieving more expeditious, less hostile, and more enduring matrimonial and custodial arrangements.

The mediation process offers to divorcing couples a neutral third party who will help the parties resolve their disputes. The mediator's function is to develop a …

Joint Custody, Feminism And The Dependency Dilemma, Katharine T. Bartlett, Carol B. Stack

Faculty Scholarship

No abstract provided.

Ground Rules For Custody Mediation And Modification, Andrew Schepard, Melissa D. Philbrick, Dvora Wolff Rabino

Hofstra Law Faculty Scholarship

This Article describes an approach to resolving some of the strategic and ethical problems faced by attorneys who wish to mediate the custody disputes of divorcing parents. Part I of the Article sets forth some of the issues custody mediators necessarily confront and the setting in which we attempted to resolve them. Part II discusses the mediation ground rules that we developed to ensure that the mediation process would be both beneficial for the child and his family and ethical for attorneys working with mental health professionals. Because future disputes might develop and circumstances could change, Part III suggests a …