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Full-Text Articles in Law

Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck Jan 2017

Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck

Faculty Publications

Under prenatal abandonment theory, fathers can lose their parental rights to nonmarital children if they do not provide prenatal support to the mothers of their children. This is true even if the mothers have not notified the fathers of the pregnancy and if the mothers or fathers are unsure of the fathers' paternity. While this result may seem counterintuitive, it is necessitated by demographic trends. Prenatal abandonment theory has been structured to protect mothers, fathers, and fetuses in response to a number of social factors: the link between pregnancy and increased rates of sexual assault, domestic violence, and domestic homicide; …


Recent Trends In California Law Concerning The Best Interests Of The Child, Darlene Selby May 2013

Recent Trends In California Law Concerning The Best Interests Of The Child, Darlene Selby

Pepperdine Law Review

No abstract provided.


Development And Expansion Of New York's Permanent Neglect Statute, Joseph R. Carrieri Jan 1977

Development And Expansion Of New York's Permanent Neglect Statute, Joseph R. Carrieri

Fordham Urban Law Journal

Since the early 1970s the well-being of foster children has been the subject of increased attention. Legislation has advanced the protection of the foster child, while the courts have begun to emphasize the child's best interests in determining whether parental rights to custody should be terminated and the child freed for adoption. Early decisions had stressed the rights of the natural parents, often to the exclusion of the child's welfare. Recent legislation and judicial decisions indicate that parental rights will be terminated where the best interests of the child so require. Recent decisions and statutes have clarified the rights of …


Dependency And Neglect: Indiana's Definitional Confusion, Dirk William De Roos Jul 1970

Dependency And Neglect: Indiana's Definitional Confusion, Dirk William De Roos

Indiana Law Journal

No abstract provided.


Dispensing With Parental Consent In Indiana Adoption Proceedings Apr 1965

Dispensing With Parental Consent In Indiana Adoption Proceedings

Indiana Law Journal

No abstract provided.


Domestic Relations -- 1961 Tennessee Survey (Ii), William J. Harbison Jun 1962

Domestic Relations -- 1961 Tennessee Survey (Ii), William J. Harbison

Vanderbilt Law Review

The definition of "abandonment" within the meaning of the Tennessee adoption statutes was clarified in the case of Ex parte Wolfenden. The stepmother of the subject child filed a petition for adoption, joined in and consented to by the natural father. A cross-petition was filed by the child's uncle and his wife, seeking to adopt the child and alleging that the natural father had abandoned the child and had delivered her to the home of the uncle for permanent rearing. The circuit judge granted the cross-petition upon the ground that adoption by the uncle was for the best interest of …


Conflict Of Laws-Application Of Estoppel To Invalid Divorces-Mexican "Mail Order" Divorce, Charles E. Becraft S.Ed. Feb 1949

Conflict Of Laws-Application Of Estoppel To Invalid Divorces-Mexican "Mail Order" Divorce, Charles E. Becraft S.Ed.

Michigan Law Review

Plaintiff and defendant, who wished to marry, persuaded defendant's wife to agree to a Mexican "mail order" divorce. The spouses executed and delivered powers of attorney to counsel residing in Mexico, where a divorce was granted and the decree mailed back to New York. Neither of the parties went to Mexico, nor did the decree of the Mexican court recite presence or domicile of either spouse. Upon learning that the decree had been granted, plaintiff and defendant were married in Virginia and then returned to New York, their state of domicile. In 1946, the plaintiff commenced this action, asking for …


Adoption - Effect On Adoption Proceeding Of Prior Consent Of Parent, Felicia I. Hmiel Feb 1941

Adoption - Effect On Adoption Proceeding Of Prior Consent Of Parent, Felicia I. Hmiel

Michigan Law Review

In 1923 the mother of an illegitimate child surrendered the child to the Children's Home Society and signed an agreement consenting to adoption by any parents chosen by the institution. In 1926 in an adoption proceeding, the child was adopted by the plaintiff's intestate with the society's consent, but with no consent of the mother other than that given in 1923. Upon the death of the intestate in 1936 the plaintiffs, the natural heirs at law, brought suit to set aside the adoption proceedings as being void for lack of parent's consent. Held, that the general consent given by …


Divorce Under The Indiana Law, For Abandonment, Cruelty Or Failure To Provide, W. W. Thornton Apr 1927

Divorce Under The Indiana Law, For Abandonment, Cruelty Or Failure To Provide, W. W. Thornton

Indiana Law Journal

No abstract provided.