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Full-Text Articles in Law
Plans, Protections, And Professional Intervention: Innovations In Divorce Custody Reform And The Role Of Legal Professionals, Jane W. Ellis
Plans, Protections, And Professional Intervention: Innovations In Divorce Custody Reform And The Role Of Legal Professionals, Jane W. Ellis
University of Michigan Journal of Law Reform
Beginning with an overview of the "law in theory" in Part II, this Article describes the Parenting Act's political origins and the aspirations on which the Act was based. These aspirations reflect common contemporary national themes and are based on common (and often unexamined) assumptions about the purposes of custody law and, indeed, the nature and capacity of law itself. They are described in conjunction with major theoretical arguments about custody reform. Part II then sets out the specific regulations embodying the drafters' goals. The Article next looks at this ambitious new "law in practice" in Part III. It describes …
The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie
The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie
University of Michigan Journal of Law Reform
This Note presents a Model Statute that clearly indicates when a court may find that an established custodial environment has arisen out of a temporary custody order. The Model Statute thus clarifies when it is appropriate to apply the clear and convincing evidentiary standard to situations involving temporary child custody orders. Part I of this Note describes the court's use of temporary custody orders to determine whether an established custodial environment exists. Part II sets forth the Model Statute, which integrates current case law into statutory language designed specifically for temporary custody situations. Part II also analyzes each section of …
Stepparents, Biologic Parents, And The Law's Perception Of 'Family' After Divorce, David L. Chambers
Stepparents, Biologic Parents, And The Law's Perception Of 'Family' After Divorce, David L. Chambers
Book Chapters
The drama of divorce always contains at least two characters, a woman and a man, and often a third, a child born to the woman and the man. If you have read the other chapters of this book, you have rarely encountered any of the other persons who may be affected by a divorce, such as the children of either person from a prior marriage, or later spouses or partners of either party, or later born children of either party-all the persons who are or become stepchildren or stepparents. You have not encountered them because, in this country, with minor …