Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen
The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen
ExpressO
This paper focuses on the struggles that infertile women face to achieve motherhood because their rights are underrepresented in the American court system. It specifically centers on how the process of in vitro fertilization (IVF) helps infertile women conceive children, but then details the problems that increasing technology now causes for these women after they freeze embryos and then divorce. Because the courts of only four states have determined who gets custody of these embryos after a divorce, and because the divorce rate and the number of couples utilizing IVF are increasing, future states will likely be forced to answer …
The Best Interest Standard: How Broad Judicial Discretion And Influences Of Social And Political Suggestion Have Led To An Abandonment Of The Rule’S Primary Purpose In Child Custody Decisions, Lakeisha J. Johnson
ExpressO
The vital questions in child custody disputes all concern that which is in the best interest of the child. Historically, interpretations of the “best interest” standard have been founded upon presumptions steeped in the notion of natural rights and duties based largely upon a mix of scientific and subjective conclusions regarding gender-based parenting roles and the need to sustain them. My research demonstrates that, as courts attempt to avoid the decisions of the past and submit to the societal will of the present, the modern application of the “best interest of the child” standard has led unexpectedly to an abandonment …
Debts, Divorce And Disarray In Bankruptcy, Margaret M. Mahoney
Debts, Divorce And Disarray In Bankruptcy, Margaret M. Mahoney
ExpressO
The article addresses a point of intersection between federal bankruptcy law and state family law. Specifically, I deal with the various issues that arise when a former spouse to whom pre-existing marital debts were allocated at the time of divorce subsequently declares bankruptcy. A review of the legal literature reveals very little attention paid to the rights of the third-party marital creditor, the obligated spouse, and the other former spouse as to allocated debts, when the obligated spouse declares bankruptcy. While there is a significant body of work dealing generally with the treatment of divorce-related debts in bankruptcy, none of …