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Full-Text Articles in Law
The Psychotherapist-Patient Privilege In The Family Court: An Exemplar Of Disharmony Between Social Policy Goals, Professional Ethics, And The Current State Of The Law, Deborah Paruch
Northern Illinois University Law Review
The mental health community recognizes the importance of confidentiality in the psycho-therapeutic relationship and the resultant impact on the effectiveness of treatment. This is embodied in professional ethical standards that prescribe confidentiality of information obtained in treatment. A psychotherapist-patient testimonial privilege is recognized by common law in federal courts, and by statute in all fifty states. However, state laws provide uncertain protection of this privilege in child custody disputes and virtually none in child abuse and neglect cases. In such cases, mental health professionals are commonly required to provide courts with confidential information obtained in psychotherapy sessions- often against their …
Rethinking Visitation: From A Parental To A Relational Right, Ayelet Blecher-Prigat
Rethinking Visitation: From A Parental To A Relational Right, Ayelet Blecher-Prigat
Duke Journal of Gender Law & Policy
[...] visitation rights are considered to arise from the very fact of parenthood, so that parents are entitled to this right simply by being legally recognized as parents. [...] visitation rights are subject to the general rule of parental exclusivity: only a child's legal parents have rights considered parental, and non-parents cannot acquire them.
The Rights Of Divorced Lesbians: Interstate Recognition Of Child Custody Judgments In The Context Of Same-Sex Divorce, Kathryn J. Harvey
The Rights Of Divorced Lesbians: Interstate Recognition Of Child Custody Judgments In The Context Of Same-Sex Divorce, Kathryn J. Harvey
Fordham Law Review
This Note explores the issue of interstate recognition of child custody, which arises in the context of same-sex divorce. The Parental Kidnapping Prevention Act (PKPA) requires states to grant full faith and credit to all child custody orders; on the other hand, the Defense of Marriage Act (DOMA) allows states to deny full faith and credit to judgments “arising out of” same-sex marriage. This Note argues that DOMA partially repeals the PKPA, such that states need not grant full faith and credit to divorce and child custody decrees in the context of same-sex marriage. Further, this Note argues that because …
Money, Caregiving, And Kinship: Should Paid Caregivers Be Allowed To Obtain De Facto Parental Status, Pamela Loufer-Ukeles
Money, Caregiving, And Kinship: Should Paid Caregivers Be Allowed To Obtain De Facto Parental Status, Pamela Loufer-Ukeles
Missouri Law Review
The law of custody and visitation is expanding to include the possibility of non-biological and non-adoptive parents' legal access to children. The concept of the psychological parent or functional caretaker is becoming increasingly prevalent and influential in state law. Moreover, the ALI Principles of Family Dissolution include two categories of psychological parents - parents by estoppel and de facto parents - in its proposed guidelines for who can petition for custody and visitation rights to children. Yet, both state law and the ALl Principles exclude caretakers who receive compensation - including foster parents, paid child care providers and surrogate mothers …