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Articles 1 - 30 of 42
Full-Text Articles in Law
Nonparental Childcare And Child Contact Orders For Grandparents, Jeffrey A. Parness, Alex Yorko
Nonparental Childcare And Child Contact Orders For Grandparents, Jeffrey A. Parness, Alex Yorko
West Virginia Law Review
No abstract provided.
Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple
Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple
Noel Semple
This article compares the law of custody and access disputes with the procedure used to resolve them. The author argues that there is a fundamental contradiction between the two. The former focuses on the interests of the children involved to the exclusion of everything else. The latter, however, is controlled by and designed to protect the rights and interests of the adult parties to the dispute. Despite their doctrinal centrality in custody and access law, children are usually silent and invisible in custody and access procedure. To resolve this contradiction, the author proposes a focus on the costs and benefits …
Best Interests Of The Child Principle In The Context Of Parent Separation Or Divorce : As Conceptualised By The Community, Nadia Dias
Theses: Doctorates and Masters
Best interests of the child (BIC) is a construct that is central to legal decisions in several areas including parenting matters in the Family Courts, guardianship, child-protection, and adoption. Despite the centrality of the construct, BIC has not been operationalised (Thomson & Molloy, 2001) and there is little agreement about what is considered best for children within social service and legal communities (Banach, 1998). Given that one of the aims of law is to reflect public sentiment (Green, 1996), the current study explored the general public’s conceptualisation of BIC. More specifically, I sought to determine what community members think the …
The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd
The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd
Pepperdine Law Review
No abstract provided.
Fair Play Or A Stacked Deck?: In Search Of A Proper Standard Of Proof In Juvenile Dependency Hearings, Linda Lee Reimer Stevenson
Fair Play Or A Stacked Deck?: In Search Of A Proper Standard Of Proof In Juvenile Dependency Hearings, Linda Lee Reimer Stevenson
Pepperdine Law Review
No abstract provided.
Negotiating The "Labor Of Love": How Resources, Time, And Gender Shape Parenting Agreements, Marlena Studer
Negotiating The "Labor Of Love": How Resources, Time, And Gender Shape Parenting Agreements, Marlena Studer
Pepperdine Law Review
No abstract provided.
Mediating Child Custody Disputes For High Conflict Couples: Structuring Mediation To Accommodate The Needs & Desires Of Litigious Parents , Jessica J. Sauer
Mediating Child Custody Disputes For High Conflict Couples: Structuring Mediation To Accommodate The Needs & Desires Of Litigious Parents , Jessica J. Sauer
Pepperdine Dispute Resolution Law Journal
While alternative dispute resolution has become widely accepted in recent years, several types of legal disagreements continue to be regarded as unsuitable for mediation. Child custody disputes between "high conflict" couples are one such category. Unfortunately, the process of litigating custody disputes between high conflict couples can be more damaging to children than the parents' actual divorce. Instead of dismissing mediation out of hand because of the difficulties in helping these parents see eye-to-eye, scholars might be wise to reevaluate the potential for mediating these disputes. This article will attempt to advance this idea in several ways. To begin, it …
The Legal Relationship Between Cohabitants And Their Partners' Children, Cynthia Grant Bowman
The Legal Relationship Between Cohabitants And Their Partners' Children, Cynthia Grant Bowman
Cornell Law Faculty Publications
This Article argues that U.S. law should give protection to relationships between cohabitants and their partners 'children when necessary to avoid the economic and emotional trauma that may be caused by separation of the child from a member of his or her household if the cohabitation ends. After examining the social science literature about the welfare of both stepchildren and children of cohabitants and the inadequate legal treatment of custody, visitation, and child support issues under current law, the author recommends that cohabiting stepparents (1) be given standing to seek custody if they have acted as de facto parents, with …
Can't Live With 'Em Can't Live Without 'Em: An Analysis Of The Trial Court's Authority To Hear And Decide Child-Related Claims In North Carolina Post-Baumann, Amy L. Britt, Alicia Jurney Whitlock
Can't Live With 'Em Can't Live Without 'Em: An Analysis Of The Trial Court's Authority To Hear And Decide Child-Related Claims In North Carolina Post-Baumann, Amy L. Britt, Alicia Jurney Whitlock
Campbell Law Review
In Baumann-Chacon v. Baumann, decided in May 2011, the North Carolina Court of Appeals held for the first time that trial courts have the authority to enter orders related to child custody and child support before a husband and wife have separated. The Baumann court carefully distinguished its decision from the holding in Harper v. Harper, a 1981 case in which the court held that the wife’s pre-separation custody and child support claims should have been dismissed. The Baumann decision raises some interesting questions about the limits of the trial court’s ability to enter orders protecting the interests of children …
Enforcing A Parent/Child Relationship At All Cost?: Supervised Access Orders In The Canadian Courts, Fiona Kelly
Enforcing A Parent/Child Relationship At All Cost?: Supervised Access Orders In The Canadian Courts, Fiona Kelly
Osgoode Hall Law Journal
Supervised access has become a key component of Canadian custody and access decision making in recent years, in large part due to a shift in attitudes towards post-separation contact between non-custodial parents, typically fathers, and their children. While the sole criterion upon which an access decision can be made is the “best interests of the child,” the increased emphasis on ensuring that children have “maximum contact” with each of their parents post-separation, and the particular focus on maintaining paternal contact, has meant that orders for “no access” have almost disappeared. In an effort to unpack the themes underlying supervised access …
Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple
Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple
Osgoode Hall Law Journal
This article compares the law of custody and access disputes with the procedure used to resolve them. The author argues that there is a fundamental contradiction between the two. The former focuses on the interests of the children involved to the exclusion of everything else. The latter, however, is controlled by and designed to protect the rights and interests of the adult parties to the dispute. Despite their doctrinal centrality in custody and access law, children are usually silent and invisible in custody and access procedure. To resolve this contradiction, the author proposes a focus on the costs and benefits …
The Rights Of Women And Role Of Superior Judiciary In Pakistan With Special Reference To Family Law Case From 2004-2008, Muhammad Munir Dr.
The Rights Of Women And Role Of Superior Judiciary In Pakistan With Special Reference To Family Law Case From 2004-2008, Muhammad Munir Dr.
Dr. Muhammad Munir
Granting and protecting the rights of women in the domain of family law remains one of the most important areas of legislation in Pakistan. The role of judiciary is vital to ensure that the rights of women are protected because decisions of the superior judiciary are binding on the lower courts under the doctrine of precedent. This work focuses on cases decided by the superior judiciary in Pakistan over the period of five years to know the various remedies sought by helpless women. This article finds that legislation in the area of family law protects women to a greater degree …
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
Villanova Law Review
No abstract provided.
Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams
Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams
Faculty Scholarship
No abstract provided.
The Ramifications Of West Virginia's Codified Child Custody Law: A Departure From Garska V. Mccoy, John D. Athey
The Ramifications Of West Virginia's Codified Child Custody Law: A Departure From Garska V. Mccoy, John D. Athey
West Virginia Law Review
No abstract provided.
Legalizing Families: Solutions To Adjudicate Parentage For Lesbian Co-Parents, Margaret S. Osborne
Legalizing Families: Solutions To Adjudicate Parentage For Lesbian Co-Parents, Margaret S. Osborne
Villanova Law Review
No abstract provided.
Brief Amicus Curiae Of Joseph R. Grodin As Amicus Curiae Supporting Neither Party (Vacatur), Elk Grove Unified School District V. Newdow, No. 02-1624 (U.S. Dec. 19, 2003), ., Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
Domestic Violence, Child Custody, And Child Protection: Understanding Judicial Resistance And Imaging The Solutions, Joan S. Meier
Domestic Violence, Child Custody, And Child Protection: Understanding Judicial Resistance And Imaging The Solutions, Joan S. Meier
American University Journal of Gender, Social Policy & the Law
No abstract provided.
U.S. Custody Law And Trends In The Context Of The Ali Principles Of The Law Of Family Dissolution, Katharine T. Bartlett
U.S. Custody Law And Trends In The Context Of The Ali Principles Of The Law Of Family Dissolution, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
The Primary Caretaker Presumption: Have We Been Presuming Too Much?, Paul L. Smith
The Primary Caretaker Presumption: Have We Been Presuming Too Much?, Paul L. Smith
Indiana Law Journal
No abstract provided.
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark
West Virginia Law Review
No abstract provided.
And Never The Twain Shall Meet: The Best Interests Of Children And The Adversary System, Janet Weinstein
And Never The Twain Shall Meet: The Best Interests Of Children And The Adversary System, Janet Weinstein
University of Miami Law Review
No abstract provided.
Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall
Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall
West Virginia Law Review
No abstract provided.
Religion, Custody, And A Child's Identities, Shauna Van Praagh
Religion, Custody, And A Child's Identities, Shauna Van Praagh
Osgoode Hall Law Journal
Custody decisionmaking in which religion plays a role is significant from the perspective of parents, children, religious communities, and the liberal diverse state. Neither a family law analysis based on best interests, nor a constitutional law analysis based on parental rights, provides a wholly satisfactory response to the task of delineating custody and access when religion is at issue. Instead, a child's sense of identity, partly defined through membership in religious communities, must be considered; at the same time, the child's integrity must be protected. By balancing a child's interests of identity and integrity, courts respect religious freedoms and custodial …
Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro
Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro
Indiana Law Journal
No abstract provided.
Day Care And Parental Employment: What Weight Should They Be Given In Child Custody Disputes, Debra L. Swank
Day Care And Parental Employment: What Weight Should They Be Given In Child Custody Disputes, Debra L. Swank
Villanova Law Review
No abstract provided.
Bitter Battles: The Use Of Psychological Evaluations In Child Custody Disputes In West Virginia, Alison Richey Mcburney
Bitter Battles: The Use Of Psychological Evaluations In Child Custody Disputes In West Virginia, Alison Richey Mcburney
West Virginia Law Review
No abstract provided.
Secondhand Smoke As An Issue In Child Custody/Visitation Disputes, Jeffrey L. Hall
Secondhand Smoke As An Issue In Child Custody/Visitation Disputes, Jeffrey L. Hall
West Virginia Law Review
No abstract provided.
Custody Rights Of Gay And Lesbian Parents, David M. Rosenblum
Custody Rights Of Gay And Lesbian Parents, David M. Rosenblum
Villanova Law Review
No abstract provided.