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Full-Text Articles in Law

Surrogate Parenting: What Should Legislatures Do?, Marsha Garrison Jan 1988

Surrogate Parenting: What Should Legislatures Do?, Marsha Garrison

Faculty Scholarship

No abstract provided.


A Dissent On Joint Custody, Jana B. Singer, William L. Reynolds Jan 1988

A Dissent On Joint Custody, Jana B. Singer, William L. Reynolds

Faculty Scholarship

No abstract provided.


Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Termination Of Parental Rights Law, Philip Genty Jan 1988

Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Termination Of Parental Rights Law, Philip Genty

Faculty Scholarship

In the past decade, the number of female prisoners in New York state and city jails has risen dramatically. Currently, there are 1,890 women incarcerated in New York State prisons, and an additional 1,626 women confined in New York City jails. Approximately seventy- two percent of the women in state prisons are parents, and, according to one informal study, nearly sixty percent of the women in city prisons are single parents with minor children. While some of these women can make formal or informal child care arrangements with relatives or close friends, many others must turn to state-regulated foster care. …


Children's Preference In Adjudicated Custody Decisions, Elizabeth S. Scott, N. Dickon Reppucci, Mark Aber Jan 1988

Children's Preference In Adjudicated Custody Decisions, Elizabeth S. Scott, N. Dickon Reppucci, Mark Aber

Faculty Scholarship

Historically, courts usually paid little attention to the child's wishes in deciding which parent should have custody upon divorce. Today, statutes in many states direct courts to consider the child's preference, often as one among several factors that guide decisionmaking. With some exceptions, the law gives only general guidance and does not specify under what circumstances and to what extent the child's desire should affect the decision. Little is known about how important this factor is, what variables influence the weight accorded the child's preference, or how courts obtain and evaluate evidence about the child's wishes.

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