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Full-Text Articles in Law
Contractual Modification Of Past Due And Future Child Support Payments, Lynette K. Neel
Contractual Modification Of Past Due And Future Child Support Payments, Lynette K. Neel
Campbell Law Review
This comment will address the custodial parent's right to contract with the supporting parent to modify court-ordered child support payments. Part II discusses how the courts have classifled contracts made to settle past due child support payments. It will also explain the defenses that some courts recognize and utilize to protect the supporting parent when the courts refuse to enforce the contracts. Part III discusses the different rationales for either enforcing or invalidating contracts that modify future child support payments. Part IV recommends that the courts allow parents to contractually modify payments and that the courts use traditional contract principles, …
Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field
Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field
Michigan Journal of Gender & Law
At issue is custody of three-and-a-half-year-old Maranda (date of birth: April 22, 1991). The trial court found that Maranda had an established custodial environment with her mother, Jennifer Ireland, but then nominally ordered custody changed to Steven Smith. The court's order changing custody was based on a determination that day care is an inappropriate choice for care of a preschool child, and that no one effectively can be a single parent and a student at the same time. Those findings have no factual basis in the record, no legal basis under Michigan law, and no logical or even common sense …
The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney
The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney
Mary Kate Kearney
No abstract provided.
Bottoms V. Bottoms: In Whose Best Interest? Analysis Of A Lesbian Mother Child Custody Dispute, Peter N. Swisher
Bottoms V. Bottoms: In Whose Best Interest? Analysis Of A Lesbian Mother Child Custody Dispute, Peter N. Swisher
Law Faculty Publications
This Article traces and analyzes the series of legal and factual events leading up to the Virginia Supreme Court's contradictory and controversial decision in Bottoms v. Bottoms.
Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac
Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac
Law Faculty Articles and Essays
First, this Essay demonstrates that, because the "best interests" standard that states use in awarding custody between parents is so arbitrary, lawyers cannot effectively protect the parental rights of their clients. Next, this Essay contends that, because fit parents will do anything to preserve their bond with their children, the state not only expects them to commit perjury to protect their parental rights, but encourages them to do so. Finally, this Essay argues that lawyers should lay out all possible strategies to their clients even if doing so invites parents to perjure themselves.