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Family Law

1980

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Full-Text Articles in Law

Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


Domestic Relations, Joseph E. Cheeley Jr., Joseph E. Cheeley Iii Dec 1980

Domestic Relations, Joseph E. Cheeley Jr., Joseph E. Cheeley Iii

Mercer Law Review

The law of domestic relations is an attempt to manage the lives of numerous, divergent family members who more than likely differ in their familial values. Much of this body of law is the result of history, but today the marital relationship seems to be changing in a revolutionary manner. In Georgia in 1978 there was approximately 1 divorce for every 2.16 marriages.

This survey of domestic relations law covers cases from 149 Ga. App. 595 to 153 Ga. App. 742, and from 243 Ga. 436 to 245 Ga. 628. However, only the most noteworthy are discussed here, and for …


An Analysis Of The Georgia "Live-In Lover" Law, Newton M. Galloway Dec 1980

An Analysis Of The Georgia "Live-In Lover" Law, Newton M. Galloway

Mercer Law Review

In 1977, the Georgia legislature amended the law concerning the modification of alimony judgments and awards. In its amendment, the general assembly included what has come to be known as the "live-in lover" law. The "live-in lover" law gave courts the power to modify awards of alimony and support on petition of the husband. By statute, it was required that the husband show in his petition that the former wife was openly and continuously in voluntary cohabitation with another man.

The first challenge to the new law questioned its constitutionality. In Sims v. Sims, the Georgia Supreme Court, following …


Rights Of Adopted Children Under Pre-1949 Class Gifts, Thomas M. Green Dec 1980

Rights Of Adopted Children Under Pre-1949 Class Gifts, Thomas M. Green

Mercer Law Review

In Nunnally v. Trust Company Bank, the Georgia Supreme Court held constitutional Georgia's 1941 adoption statute, which provided that the act of adoption should not affect the adoptive child's relationship with anyone other than the adopting parents and the natural parents. The 1941 act was challenged by two adopted children who, the court held, were excluded from sharing in a class gift to "issue" of grandchildren at the termination of a trust created by the adopting father's grandmother, whose will became effective while the 1941 act was in force.


Recent Amendments To The Texas Child Abuse Statutes: An Analysis And Recommendation., Antoinette M. Pollock Dec 1980

Recent Amendments To The Texas Child Abuse Statutes: An Analysis And Recommendation., Antoinette M. Pollock

St. Mary's Law Journal

Each year approximately one million children experience abuse by their parents and more than two thousand die as a result of injuries suffered. Drafters of child abuse legislation face the difficult task of accommodating the rights of parent and child, while ensuring the necessary exercise of state authority. In view of the delicate balancing of interests involved, child protection laws must be extensive and detailed in order to withstand constitutional challenge. The Sixty-sixth session of the Texas Legislature amended the child abuse section of the Texas Family Code. The Texas Family Code, as amended, is now capable of withstanding constitutional …


A Temporary Child Custody Order Issued Pursuant To Section 11.11 Of The Texas Family Code Constitutes A Non-Appealable Interlocutory Order., Anthony J. Blazi Dec 1980

A Temporary Child Custody Order Issued Pursuant To Section 11.11 Of The Texas Family Code Constitutes A Non-Appealable Interlocutory Order., Anthony J. Blazi

St. Mary's Law Journal

Abstract Forthcoming.


Specific Performance Of Separation Agreements - A New Remedy: Moore V. Moore, Jo Hill Dobbins Oct 1980

Specific Performance Of Separation Agreements - A New Remedy: Moore V. Moore, Jo Hill Dobbins

North Carolina Central Law Review

No abstract provided.


Unwed Fathers And The Adoption Process, Robert Rausch Oct 1980

Unwed Fathers And The Adoption Process, Robert Rausch

William & Mary Law Review

No abstract provided.


Blood Tests In Paternity Litigation, Assembly Committee On Judiciary Sep 1980

Blood Tests In Paternity Litigation, Assembly Committee On Judiciary

California Assembly

No abstract provided.


An Analytical Model To Assure Consideration Of Parental And Familial Interests When Defining The Constitutional Rights Of Minors-An Examination Of In Re Scott K., Matthew Fenn Hilton Sep 1980

An Analytical Model To Assure Consideration Of Parental And Familial Interests When Defining The Constitutional Rights Of Minors-An Examination Of In Re Scott K., Matthew Fenn Hilton

BYU Law Review

No abstract provided.


Wrongful Life-Impaired Infant's Cause Of Action Recognized: Curlender V. Bio-Science Laboratories, Merrill F. Nelson Sep 1980

Wrongful Life-Impaired Infant's Cause Of Action Recognized: Curlender V. Bio-Science Laboratories, Merrill F. Nelson

BYU Law Review

No abstract provided.


Spruce Run News (June 1980), Spruce Run Staff Jun 1980

Spruce Run News (June 1980), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.


Waiver Of Service Of Process Executed Prior To Institution Of Suit To Terminate Parental Rights Satisfies Due Process Notice Requirements., Catherine Matteau Stone Jun 1980

Waiver Of Service Of Process Executed Prior To Institution Of Suit To Terminate Parental Rights Satisfies Due Process Notice Requirements., Catherine Matteau Stone

St. Mary's Law Journal

Abstract Forthcoming.


Clear And Convincing Evidence Standard Of Proof Will Be Required In All Proceedings For Involuntary Termination Of The Parent-Child Relationship., John William Wester Jun 1980

Clear And Convincing Evidence Standard Of Proof Will Be Required In All Proceedings For Involuntary Termination Of The Parent-Child Relationship., John William Wester

St. Mary's Law Journal

Abstract Forthcoming.


Family Law–Child Custody–Counsel For Children Permitted, Deborah R. Sallings Apr 1980

Family Law–Child Custody–Counsel For Children Permitted, Deborah R. Sallings

University of Arkansas at Little Rock Law Review

No abstract provided.


Escalation Clauses In Washington Child Support Awards, Michael E. Gossler Apr 1980

Escalation Clauses In Washington Child Support Awards, Michael E. Gossler

Washington Law Review

This comment analyzes the Washington courts' interpretation of the statutes providing for making and modifying child support awards and the policies these statutes are designed to effect. It concludes that the use of escalation clauses is consistent with the statutes and policies on which the Washington support system is based, and that the use of such clauses is a more effective means of promoting the state's policy of providing adequate child support than the traditional approach of awarding support in fixed amounts subject to court modification. Finally, the comment suggests one possible escalation device that seeks to accurately predict future …


The Distrubution Of Marital Real Property Upon Divorce In West Virginia: The Need For Legislative Reform, John F. Cyrus Apr 1980

The Distrubution Of Marital Real Property Upon Divorce In West Virginia: The Need For Legislative Reform, John F. Cyrus

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.


Enforcement Of Family Support Obligations In Virginia, Jane F. Vehko Apr 1980

Enforcement Of Family Support Obligations In Virginia, Jane F. Vehko

William & Mary Law Review

No abstract provided.


Defining The Parent's Duty After Rejection Of Parent-Child Immunity: Parental Liability For Emotional Injury To Abandoned Children, Reid H. Hamilton Apr 1980

Defining The Parent's Duty After Rejection Of Parent-Child Immunity: Parental Liability For Emotional Injury To Abandoned Children, Reid H. Hamilton

Vanderbilt Law Review

Child neglect and abandonment are serious problems in the United States. The number of children in foster care in the United States has risen from a third of a million in 1971 to over 750,000 in 1979. A significant number of these children have been abandoned voluntarily and permanently by their parents. Abandoned children suffer marked psychological consequences; even after receiving the best available foster care, such children suffer adverse emotional effects throughout their adult lives.' Due to the traditional American rule granting parents immunity from personal injury suits by their minor children, abandoned children generally have been uncompensated for …


Equal Protection For Illegitimate Children: A Consistent Rule Emerges, Scott E. Isaacson Mar 1980

Equal Protection For Illegitimate Children: A Consistent Rule Emerges, Scott E. Isaacson

BYU Law Review

No abstract provided.


Thinking About Public Policy Toward Abuse And Neglect Of Children: A Review Of Before The Best Interests Of The Child, Michael S. Wald Mar 1980

Thinking About Public Policy Toward Abuse And Neglect Of Children: A Review Of Before The Best Interests Of The Child, Michael S. Wald

Michigan Law Review

A review of Before the Best Interests of the Child by Joseph Goldstein, Anna Freud, and Albert J. Solnit


Father In Jail, David C. Baldus Mar 1980

Father In Jail, David C. Baldus

Michigan Law Review

A review of Making Fathers Pay: The Enforcement of Child Support by David L. Chambers


The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter Mar 1980

The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter

St. Mary's Law Journal

The present constitutional definition of married women’s separate property serves to protect the wife’s property rights and to preserve the community property system in Texas. However, the policy reasons for the constitutional definition no longer apply, since there is no present danger of the legislature reducing the property rights of married women or abandoning the community property system. Further, the needs and customs of the people of Texas have changed since the adoption of the original Texas Constitution in 1845. Today, it is estimated that thirty percent of couples who marry in the United States eventually divorce and sixty percent …


The Rights Of An Illegitimate Child Post - Gomez V. Perez: A Legitimate Situation., Deborah J. Venezia Mar 1980

The Rights Of An Illegitimate Child Post - Gomez V. Perez: A Legitimate Situation., Deborah J. Venezia

St. Mary's Law Journal

Throughout Texas history the legal status of illegitimacy has prevented an illegitimate child from enjoying the right of parental support guaranteed to a legitimate child. The United States Supreme Court’s decision in Gomez v. Perez rendered unconstitutional the denial of an illegitimate child’s right to parental support on the basis of his illegitimacy. In response to Gomez, the Texas Legislature enacted Chapter 13 of the Texas Family Code (TFC) which provides for voluntary legitimation of an illegitimate child by the father. Section 13.01 gave an illegitimate child, whose natural father did not voluntarily acknowledge paternity, procedure to establish the parent-child …


Indian And Inuit Family Law And The Canadian Legal System, Bradford W. Morse Jan 1980

Indian And Inuit Family Law And The Canadian Legal System, Bradford W. Morse

American Indian Law Review

No abstract provided.


Kentucky Law Survey: Domestic Relations, Steven S. Crone Jan 1980

Kentucky Law Survey: Domestic Relations, Steven S. Crone

Kentucky Law Journal

No abstract provided.


Protection Of Battered Women: A Survey Of State Legislation, Lisa G. Lerman Jan 1980

Protection Of Battered Women: A Survey Of State Legislation, Lisa G. Lerman

Scholarly Articles

No abstract provided.


Divorce Law Practice (Part 1), Harvey L. Zuckman Jan 1980

Divorce Law Practice (Part 1), Harvey L. Zuckman

Scholarly Articles

No abstract provided.


Wrongful Life: Birth Control Spawns A Tort, 13 J. Marshall L. Rev.401 (1980), Margaret J. Mullen Jan 1980

Wrongful Life: Birth Control Spawns A Tort, 13 J. Marshall L. Rev.401 (1980), Margaret J. Mullen

UIC Law Review

No abstract provided.