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Full-Text Articles in Law
Are You My Mother - Missouri Denies Custodial Rights To Same-Sex Parent, Emmalee M. Miller
Are You My Mother - Missouri Denies Custodial Rights To Same-Sex Parent, Emmalee M. Miller
Missouri Law Review
This Note argues that Missouri should adopt a doctrine of alternative parentage that expands the definition of "parent" to include those in same-sex relationships who are not the biological or adoptive parents.' 0 In Part II, this Note analyzes the facts and holding of White. Next, in Part 111, this Note explores the Uniform Parentage Act and introduces the nontraditional forms of standing created by courts to allow third parties to obtain custody rights. Then, Part IV examines the court's rationale in White. Lastly, Part V explores why the court erred in its decision and why courts should recognize alternative …
Fundamental, But Not Fundamental Enough: Missouri's Balancing Test In The Area Of Parental Rights, Nichole Walsch
Fundamental, But Not Fundamental Enough: Missouri's Balancing Test In The Area Of Parental Rights, Nichole Walsch
Missouri Law Review
In Weigand, the petitioner argued that the statute infringed on his due process and equal protection rights to the care, custody and control of his child and that it violated the open courts provision of the Missouri Constitution. This Note argues that the "balancing-of-interests" test applied by the Supreme Court of Missouri does not give parental rights the heightened scrutiny they deserve. In addition, the balancing test is problematic because it is extremely subjective and leaves the decision of constitutionality entirely up to judicial discretion. This Note also suggests that the court failed to give full weight to the procedural …
Does Loss Of Custody Of A Child Resulting From Attorney Negligence Cause Damage, Jesse E. Weisshaar
Does Loss Of Custody Of A Child Resulting From Attorney Negligence Cause Damage, Jesse E. Weisshaar
Missouri Law Review
Attorneys face the prospect of legal malpractice actions on a daily basis and in regard to every type of legal issue with which they deal. Indeed, a lawyer's negligence subjects him to liability whether he has mishandled a multimillion dollar business transaction or failed to adequately represent his client in a custody battle over the client's children. Whereas the harm in the former example is clearly monetary, the latter example presents the issue of whether the client can recover monetary damages for loss of custody of his child, a harm that is non-economic in nature. While few people would likely …
Switched At The Fertility Clinic: Determining Maternal Rights When A Child Is Born From Stolen Or Misdelivered Genetic Material, Alice M. Noble-Allgire
Switched At The Fertility Clinic: Determining Maternal Rights When A Child Is Born From Stolen Or Misdelivered Genetic Material, Alice M. Noble-Allgire
Missouri Law Review
In the beginning, they were one of the happy statistics from a California fertility clinic. Among the twenty percent of infertile couples whose treatments resulted in a successful pregnancy,1 they were doubly blessed, in fact, with twins.' Six years later, however, a letter in the mailbox turned their lives upside down. Although apologetic in tone, the letter suggested that the unthinkable had occurred and requested that the twins be submitted for genetic testing to determine whether they were born from another woman's eggs.3
Federal Jurisdiction Over Juveniles: Who Decides , Alicia K. Embley
Federal Jurisdiction Over Juveniles: Who Decides , Alicia K. Embley
Missouri Law Review
Because of the increase in the number and severity of violent crimes committed by juveniles, public demand for harsher penalties and proceedings for young offenders also increases each year.2 Congress has responded to the public outcry by enacting numerous pieces of legislation that mandate federal juvenile accountability. This legislation represents a drastic departure from the federal government's traditional policy of leaving juvenile justice affairs to the states. One of the many congressional acts in the past decades confers federal jurisdiction upon prosecution of juveniles who commit serious violent or drug related crimes if the United States Attorney certifies that the …
Judicial Enforcement Of Moral Imperatives: Is The Best Interest Of The Child Being Sacrificed To Maintain Societal Homogeneity, Juliet A. Cox
Judicial Enforcement Of Moral Imperatives: Is The Best Interest Of The Child Being Sacrificed To Maintain Societal Homogeneity, Juliet A. Cox
Missouri Law Review
When parents divorce, courts are forced to deternine which parent should obtain custody of the children. The applicable standard in all states for deciding who should receive custody is the "best interest of the child. This comment will analyze the historical shift in moral judgment of interracial relationships, the judicial response to the changing public view and the effect of the changing public view on child custody decisions. It will then juxtapose that history with the current change in societal judgment of gay and lesbian relationships and the corresponding judicial response with respect to custody disputes.