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Full-Text Articles in Law
Bringing Specificity To Child Custody Provisions In California, Shawn Mccall
Bringing Specificity To Child Custody Provisions In California, Shawn Mccall
Golden Gate University Law Review
This Comment evaluates the empirical evidence from social science studies to demonstrate that there is currently a sturdy body of social science research to justify using tangible evidence to define terms in the California Family Code, the California Family Courts, and beyond. Because the standard for custody determinations in California is the “best interest of the child” per the state’s legislation, social science research provides a vehicle that can define the “best interest of the child standard.” This Comment argues that this can be done empirically by calculating the minimum amount of time a child—in the aggregate— needs with each …
California's Move-Away Law: Are Children Being Hurt By Judicial Presumptions That Sweep Too Broadly?, Jennifer Gould
California's Move-Away Law: Are Children Being Hurt By Judicial Presumptions That Sweep Too Broadly?, Jennifer Gould
Golden Gate University Law Review
This Comment will summarize the various types of custody situations and their relevance in deciding move-away cases. Next, this Comment will examine In re Marriage of Burgess, a landmark California Supreme Court move-away case, and discuss its impact on family law courts, families, and attorneys involved with move-away cases. Included is an examination of certain factors that the Burgess court did not fully address in its analysis. Finally, drawing upon public policy, social science research, legal commentary, and other jurisdictions' moveaway laws, this Comment will propose a more comprehensive approach to deciding move-away cases. This approach limits the application of …
Redefining Parenthood: Child Custody And Visitation When Nontraditional Families Dissolve, Kristine L. Burks
Redefining Parenthood: Child Custody And Visitation When Nontraditional Families Dissolve, Kristine L. Burks
Golden Gate University Law Review
This article offers a method of providing custody and visitation rights to individuals formerly involved in nontraditional relationships who function as children's parents but who lack the legal status of parent. The article considers a broad range of nontraditional families, including stepparents, same-sex partners, and unmarried heterosexuals. The article begins with a summary of California statutory law. The author examines how "parent" is defined and the limitations imposed on those falling outside that definition when they seek to assert rights to child custody and visitation. Next, the article focuses on three types of nontraditional relationships to illustrate how California courts …
Frozen Embryos: New Technology Meets Family Law, Natalie K. Young
Frozen Embryos: New Technology Meets Family Law, Natalie K. Young
Golden Gate University Law Review
This article addresses the various reasons and legal arguments for treating embryos as life, or in the alternative as property. In particular, this article analyzes the legal status of frozen embryos in a marital dissolution proceeding from a custodial point of view and a marital property point of view. Part I sets forth a broad policy perspective on the doctrinal choices that must be made in determining the legal status of the embryo. Part II first explores the possibility of classifying frozen embryos as human life and then presents a legal analysis, derived from the general principles of family law, …
Child Sexual Abuse In Custody And Visitation Disputes: Problems, Progress, And Prospects, Susan Romer
Child Sexual Abuse In Custody And Visitation Disputes: Problems, Progress, And Prospects, Susan Romer
Golden Gate University Law Review
This Comment will focus on cases involving allegations of child sexual abuse made during divorce proceedings or during post-judgment custody and visitation disputes. California law is the primary focus. New York cases, statutes and procedures are compared and contrasted. The Comment first discusses studies of the veracity of allegations of sexual abuse arising in custody and visitation cases. Secondly, it addresses the methods used in the investigation and assessment of child sexual abuse charges. Finally, it explores which court is best able to decide these cases.
The Parental Kidnapping Prevention Act: How Can Non-Marital Children Be Protected?, Nancy S. Erickson
The Parental Kidnapping Prevention Act: How Can Non-Marital Children Be Protected?, Nancy S. Erickson
Golden Gate University Law Review
Parental kidnapping has been called "one of the most subtle and brutal forms of child abuse." In response to the seriousness of the problem of childsnatching and its increasing incidence in this country, steps have been taken on both state and federal levels. The UCCJA was approved by the National Conference of Commissioners on Uniform State Laws and by the American Bar Association in 1968. By 1984 it had been enacted in all states and the Virgin Islands. Virtually all states have also enacted criminal parental kidnapping statutes. In 1980, Congress passed the Parental Kidnapping Prevention Act (PKPA), which not …
The Nonmarital Sexual Conduct Of Custodial Mothers: A Study Of California's Precarious Parental Rights, Barbara Child
The Nonmarital Sexual Conduct Of Custodial Mothers: A Study Of California's Precarious Parental Rights, Barbara Child
Golden Gate University Law Review
Mothers of minor children engage in sexual conduct with men to whom they are not married. That is no longer a shocking truth. Nonetheless, those mothers continue to live with a Damocles sword hanging over their heads. Their sexual conduct can still cause them to lose their children, even in these supposedly liberated times in the state of California. This Article surveys the cases in which the most commonly used ambiguous statutes together with secure judicial discretion have been brought to bear on custodial mothers who either by choice or by economic necessity do not live conventional middleclass lives. The …
The Lesbian Family: Rights In Conflict Under The California Uniform Parentage Act, Stuart A. Sutton
The Lesbian Family: Rights In Conflict Under The California Uniform Parentage Act, Stuart A. Sutton
Golden Gate University Law Review
No abstract provided.
The Lesbian Mother: Her Right To Child Custody, Benna F. Armanno
The Lesbian Mother: Her Right To Child Custody, Benna F. Armanno
Golden Gate University Law Review
No abstract provided.