Law Commons^™

Federal Habeas Corpus Jurisdiction - Child Custody - State Procedures Terminating Parental Rights, Dru Hanna Schoenborn

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that federal habeas corpus is not available to challenge the constitutionality of Pennsylvania's parental rights termination statute.

Lehman v. Lycoming County Children's Services Agency, 648 F.2d 135 (3d Cir.), cert. granted, 102 S. Ct. 89 (1981) (No. 80-2177).

Parental Kidnapping: Can The Uniform Child Custody Jurisdiction Act And Federal Parental Kidnapping Prevention Act Of 1980 Effectively Deter It?, Rita Mankovich Irani

Duquesne Law Review

Despite the adoption in forty-four states of the Uniform Child Custody Jurisdiction Act, kidnapping remains a widespread alternative for parents who seek custody of their children. The author discusses how the willingness of courts to entertain the custody petition of a parent who has kidnapped his child has provided incentive for child-snatching, and probes section 8 of the Act, which sets forth guidelines for courts to use in determining whether to hear such petitions. Selected cases are presented to illustrate a proper interpretation and application of section 8 in light of the Act's overall purpose. Finally, the author explains the …