Family Law Commons^™

Defining Marriage: What Ballot Question 2 Doesn’T Do, Mary Lafrance

Scholarly Works

This article examines he oddly-worded initiative, which constituted Question 2 on Nevada’s 2002 ballot and explains how it was a bit of a puzzle, even two years after it was first sprung upon the electorate. Touted during its previous appearance in the 2000 election as a “definition of marriage,” this article shows how it is all too clear that the initiative was anything but that. Neither the initiative, nor any existing provision of Nevada law, made the slightest attempt to define marriage.

'Can We Go Home Now?' Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan Wawrose

School of Law Faculty Publications

Two years ago, the Ohio Supreme Court amended its rules and those of Ohio's intermediate appellate courts in order to fast-track appeals of cases involving termination of parental rights ("TPR") and adoption of minor children. Three of Ohio's twelve appellate districts already had local rules to expedite or accelerate these types of appeals, but in some districts, the amended rules established procedures that were entirely new.

The major impetus behind the court's amendments to the rules was to move children out of foster care and into permanent adoptive homes more quickly. Further, by amending the rules of the intermediate appellate …

Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten

BYU Law Review

This article is about conflicts of laws questions relating to domestic partnerships. The article points out that since there will be states that recognize domestic partnerships because the American Law Institute has expressed approval of domestic partnerships, there will be conflict of laws problems if not all states recognize it. The purpose of this article is to describe some of the conflicts issues that arise when parties to domestic partnerships have, or develop, contacts with more than one state. The article does so by explaining the two broad areas in which these conflicts will arise and by showing that there …

Indian Child Welfare Act: Keeping Families Together And Minimizing Litigation, Sarah Krakoff

Publications

No abstract provided.

Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein

University of Michigan Journal of Law Reform

Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger …

In The Best Interest Of The Child: What Have We Learned From Baby Jessica And Baby Richard, 33 J. Marshall L. Rev. 353 (2000), Gregory A. Kelson

UIC Law Review

No abstract provided.

From Representing Clients To Serving Recipients: Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines

Faculty Works

Attorneys for the poor are being asked to serve more clients for less money and with more restrictions on their practice than ever before. These restrictions, both on amounts and uses of funds, influence the attorney's independent professional judgment. Determining when that influence is inappropriate becomes a difficult practical and ethical issue. Is this issue resolved if one simply reconceptualizes the role of the entities and individuals involved? What if the government becomes the client and the individual receiving legal services becomes something other than a client? Examining the development of governmental funding of child support enforcement, one finds just …

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff

Articles

Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.

Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig

Florida State University Law Review

No abstract provided.

Due Process, Court Of Appeals: Chaya S. V. Frederick L.

Touro Law Review

No abstract provided.

Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H.

Touro Law Review

No abstract provided.

Kentucky Law Survey: Family Law, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

Are Kentucky's Children "At Risk" As A Result Of J.H. V. Commonwealth?, Duane F. Osborne

Kentucky Law Journal

No abstract provided.

Morally And Legally: A Parent's Duty To Prevent The Abuse Of A Child As Defined By Lane V. Commonwealth, Rachel S. Zahniser

Kentucky Law Journal

No abstract provided.

A Kansas Approach To Custodial Parent Move-Away Cases, Steve Leben, Megan Moriarty

Faculty Works

No abstract provided.

We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt

University of Michigan Journal of Law Reform

The need for comprehensive reform of child welfare policies and systems has long been evident. This Article reports observations from the WK Kellogg Foundation-sponsored Families for Kids Initiative that seeks to expand services and support to families and reduce the time children spend in temporary care. The authors first provide an overview of the need for reforms such as those proposed by this initiative, suggesting that many child welfare studies, critiques, and proposed reforms have had similar objectives. The authors highlight lessons learned from how these reform goals are being developed, implemented, and practiced in ongoing programs across the nation …

Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry

University of Michigan Journal of Law Reform

The problems associated with long-term foster care of children have escalated over the past decade as more abused and neglected children enter the already overworked and underfunded state child protective system& The recent Personal Responsibility and Work Opportunity Reconciliation Act of 1996 mandates giving preference to placement within the extended family for children who cannot be returned to their parents. Compliance with this law requires substantial changes in the policies and procedures of human services agencies in most states. This Article discusses "family group conferencing,' a new model for working with families within the system. Family Group Conferencing originated in …

Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The thesis of this brief article is simply that the tobacco habits of a parent are relevant and worthy of consideration when a child is asthmatic, or suffers from some other definable medical condition which would be exacerbated by passive smoke. However, when the child is healthy and there exists no definitive short-term medical risk, the issue should be irrelevant. In other words, the court should consider those factors, and only those factors, which are of significant importance to the child, such as stability, caretaker skills, home environment and the child's wishes. Concededly, second-hand smoke is harmful even to a …

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff

Faculty Publications

This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.

Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field

Michigan Journal of Gender & Law

At issue is custody of three-and-a-half-year-old Maranda (date of birth: April 22, 1991). The trial court found that Maranda had an established custodial environment with her mother, Jennifer Ireland, but then nominally ordered custody changed to Steven Smith. The court's order changing custody was based on a determination that day care is an inappropriate choice for care of a preschool child, and that no one effectively can be a single parent and a student at the same time. Those findings have no factual basis in the record, no legal basis under Michigan law, and no logical or even common sense …

Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella

UIC Law Review

No abstract provided.

A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt

Michigan Law Review

This article focuses on one particular set of issues raised by the effort to coordinate the activities of Head Start centers with those of substance abuse treatment programs and the introduction of treatment and prevention functions into the daily interactions of Head Start staff and parents. These issues involve the disclosure of potentially damaging information about a Head Start parent's drug or alcohol abuse and the confidentiality considerations that arise when she or he has sought or received treatment for that abuse. Although it is possible to characterize these issues as technical, doctrinal questions of statutory and regulatory interpretation, it …

The Power Of Contempt And Child Support Issues For Family Lawyers, Oregon Law Institute, Bette G. Yada, Diane Pietrzak, Deborah Wilson, John A. Ellis, Elizabeth Welch, Gregory B. Soriano, Mark A. Johnson

Oregon Law Institute, 1995

Course Materials from the June 2, 1995 Program in Portland

Parents And The State: Joining Forces To Report Incest And Support Its Victims, Lynne Olman Lourim

University of Michigan Journal of Law Reform

As many as 60,000 to 100,000 children each year become victims of child sexual abuse in this country, according to some estimates. These children typically suffer long-lasting effects of the abuse. This Note, in focusing on (step)father-daughter incest, looks at the predominance of males as perpetrators, daughters as victims, and mothers as non-abusers. The Note examines the dynamics within incestuous families and the characteristics common to each member in these families. It particularly considers the position of mothers in these families, who often are subservient to and financially dependent on the incest perpetrator. This Note then discusses how these mothers' …

Modification Of Child Support Awards Under New York Child Support Standards Act, Barbara Gonzo

Touro Law Review

No abstract provided.

Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance

UIC Law Review

No abstract provided.

Federalism And Families, Anne Dailey

Faculty Articles and Papers

No abstract provided.

Imagining Children's Rights, Suellyn Scarnecchia

Articles

Today, I will tell you some stories about real, live children, whose futures have been determined by our legal system. To speak of children's rights hypothetically, raises images of children suing to go live with their rich uncle or suing to demand a Nintendo system from their parents. I hope that by bringing you stories of the legal system's treatment of real children, you will have a better understanding of what I mean by children's rights and why they must be recognized. Although children's rights have been recognized in limited ways in the areas of free speech, criminal law and …

Children's Task Force Reports, Donald N. Duquette, Cd Stephens

Articles

When the public thinks of children and the law, high-visibility cases like Baby Jessica and Baby Richard come to mind. The human drama of a small child caught up in a titanic custody struggle attracts unrelenting media attention and triggers cries for law reform. Yet for every Baby Jessica and Baby Richard, thousands of children pass through our courts with little public attention but with consequences to them just as momentous and life altering as those cases featured on the national news shows. In 1991 State Bar of Michigan leadership began to ask whether our profession and Michigan's courts are …

The District Of Columbia Medical Consent Law: Moving Towards Legal Recognition Of Kinship Caregiving, Randi S. Mandelbaum, Susan L. Waysdorf

University of the District of Columbia Law Review

In 1990, in the District of Columbia, over 27,000 children under the age of eighteen, or 23.4% of all children, were living in the care of an adult other than their parent or a foster parent.3 This was a thirty percent increase from the 1980 data for the District of Columbia.4 Nationally, over the past decade, these figures increased sixteen percent.0 Today, for adult relatives, primarily grandmothers, aunts, and close family friends, who step in to raise the children of their relatives or friends, private kinship caregiving is both a legacy and a matter of survival for the next generation.'