Family Law Commons^™

Plans, Protections, And Professional Intervention: Innovations In Divorce Custody Reform And The Role Of Legal Professionals, Jane W. Ellis

University of Michigan Journal of Law Reform

Beginning with an overview of the "law in theory" in Part II, this Article describes the Parenting Act's political origins and the aspirations on which the Act was based. These aspirations reflect common contemporary national themes and are based on common (and often unexamined) assumptions about the purposes of custody law and, indeed, the nature and capacity of law itself. They are described in conjunction with major theoretical arguments about custody reform. Part II then sets out the specific regulations embodying the drafters' goals. The Article next looks at this ambitious new "law in practice" in Part III. It describes …

Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen

University of Michigan Journal of Law Reform

Several authorities in the field of estate planning have examined in great detail the options currently available to the parents of disabled children. The options are limited. Ideally, laws should address the concerns of the families of disabled children while providing those families with the incentive to help bear the financial costs of providing for their children. New legislation is needed to achieve this dual objective. This legislation must establish a method by which parents can improve meaningfully the quality of a surviving disabled child's life without substantially increasing the social cost of supporting that disabled child. This Article proposes …

Illinois Ex Rel. Sheppard V. Money: Income Withholding Provision Of The Illinois Parentage Act Of 1984 Expedites Child Support Enforcement At Employers' Expense, 23 J. Marshall L. Rev. 285 (1990), Timothy G. Compall

UIC Law Review

No abstract provided.

The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie

University of Michigan Journal of Law Reform

This Note presents a Model Statute that clearly indicates when a court may find that an established custodial environment has arisen out of a temporary custody order. The Model Statute thus clarifies when it is appropriate to apply the clear and convincing evidentiary standard to situations involving temporary child custody orders. Part I of this Note describes the court's use of temporary custody orders to determine whether an established custodial environment exists. Part II sets forth the Model Statute, which integrates current case law into statutory language designed specifically for temporary custody situations. Part II also analyzes each section of …

Promulgating The Marriage Contract, Lynn A. Baker

University of Michigan Journal of Law Reform

I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state's decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana's unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system's conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship …

The Seventeen Percent Solution: Formula Guidelines For Determining Child Support Awards Arrive In North Carolina, J. Brad Donovan

North Carolina Central Law Review

No abstract provided.

Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett

North Carolina Central Law Review

No abstract provided.

The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.

Faculty Publications

This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Terminating The Rights Of Mentally Retarded Parents: Severing The Ties That Bind, 22 J. Marshall L. Rev. 133 (1988), Patricia Werner

UIC Law Review

No abstract provided.

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts

UIC Law Review

No abstract provided.

The Surrogate Responds: The Need For Reform In Adoption Proceedings, C. Raymond Radigan

Touro Law Review

No abstract provided.

Enforcement Of Surrogate Mother Contracts: Case Law, The Uniform Acts, And State And Federal Legislation, James T. Flaherty

Cleveland State Law Review

Surrogate motherhood is possibly the most viable family issue in today's society, and especially in the law. Surrogacy will be treated here solely as a fact of life, and examined solely from the point of view of its legal status under the appropriate Uniform Acts, existing and proposed legislation outside Ohio, and existing Ohio law. It may sound strange that Ohio was chosen as an example, in that a search of Ohio law will not show any law directly dealing with surrogacy. But then, that is the point. Ohio is one of only three states that have adopted both relevant …

Representing Children, Donald N. Duquette

Articles

The Child Protection Law, MCLA 722.630, and the Juvenile Court Rules, MCR 5.915 (B)(2), require the Juvenile Court to appoint an attorney for the child in child protection proceedings. Although the child protection law identifies some of the expectations of the child's counsel,t many questions remain. What does it mean to be a good child advocate in these cases? How does one identify the best interests of the children? What is the place of the child's wishes in identifying the goals of the advocate? Beyond the letter of the law, what ought to be the proper role of the child's …

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.

Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey

University of Michigan Journal of Law Reform

This Article describes the purposes and design of our empirical study and analyzes the study's findings. Part I presents a case study of the representation of a child by a volunteer in a way that exhibits the role definition and training of the demonstration groups. Parts II and III discuss who should represent children and how those child advocates should be trained. Part IV discusses the design of the study. Part V presents an analysis of the study's findings. Finally, Part VI considers the policy implications of the study and concludes that the demonstration groups improved the quality of representation …

Consider The Consequences, Martha Minow

Michigan Law Review

A Review of The Divorce Revolution: The Unexpected Social and Economic Consequences for Women and Children in America by Lenore J. Weitzman

Improving Parent-Child Relationships Within The Divorced Family: A Call For Legal Reform, John S. Murray

University of Michigan Journal of Law Reform

In this Article, I address these three questions within the framework provided by the goal to be achieved. Part I outlines the present system and its problems, discussing both its effects on divorced family members and the problems inherent in the exclusive custody rule. Part II builds a proposal for legal reform by first considering the effect of conflict within the family, then identifying five value guidelines that should control the relationships, and finally describing the proposal in detail. Part III analyzes the pros and cons of the reform proposal to determine whether its adoption could establish a healthier environment …

Terminating Parental Rights, Donald N. Duquette

Book Chapters

The complete legal severance of the parent-child relationship is an extremely serious step. The severance isabsolute and permanent; it is as if the relationship never existed. Few state infringements on personal liberty are greater. On the other hand, termination of parental rights may make a child available, through adoption, for a new permanent relationship that would not otherwise be possible.

Under the Adoption Code, MCLA 710.21 et~; MSA 27.3178(555.21) et ~ termination of parental rights may be effected voluntarily through a release of parental rights, MCLA 710.28, .29, .64; MSA 27.3178(555.28), (555.29), (555.64), or by a putative father's not asserting …

Coercive Freedom: A Response To Professor Chambers, Robert A. Burt

University of Michigan Journal of Law Reform

At this happy gathering of the Michigan family it is fitting to begin by discussing the law of the family. David used the Marvin case as the central example of the various principles which he supported and opposed.

I want to focus on that case in order to consider whether he has successfully distinguished among these principles of state coercion and state facilitation of individuals' free choice. Let me begin by briefly restating David's view of the Marvin case, as I understand it.

Heartbalm Statutes And Deceit Actions, Michigan Law Review

Michigan Law Review

This Note considers whether actions in deceit based on fraudulent marriage promises should be deemed barred by the heartbalm statutes. It determines that they should not. Part I examines the policies and arguments against the common law breach of promise to marry action that are embodied in the heartbalm statutes and looks at the limits courts have placed on the reach of the statutes. Part II re-examines the deceit action in light of the purposes of the heartbalm acts and their intended scope, as well as in light of criticism of the action by the courts and commentators. In particular, …

The Myth Of State Intervention In The Family, Frances E. Olsen

University of Michigan Journal of Law Reform

Most people concede that there are times when state officials should intervene in the private family. Doctrines of family privacy are no longer thought to justify societal neglect of beaten wives or abused children. Yet society continues to use the ideal of the private family to orient policy. It seems important therefore to examine the concept of state intervention in the private family. In this essay, I argue that the private family is an incoherent ideal and that the rhetoric of nonintervention is more harmful than helpful.

Divisibility Of Advanced Degrees In Equitable Distribution States, 19 J. Marshall L. Rev. 1 (1985), Buddy O.H. Herring

UIC Law Review

No abstract provided.

The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.

University of Michigan Journal of Law Reform

This Note proposes that courts refuse to give further consideration to admitting the battering parent syndrome as evidence in both civil and criminal proceedings arising out of child abuse. Part I of the Note describes the syndrome as it appears in the psychological literature. Part II suggests that current judicial attitudes favor the future admissibility of the syndrome, conditioned only on an improved showing of scientific accuracy. Part III demonstrates that regardless of scientific accuracy, the character evidence rule forbids courts from admitting the battering parent syndrome. Part IV argues that the important policies underlying the character evidence rule override …

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland

UIC Law Review

No abstract provided.

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod

American Indian Law Review

No abstract provided.

Kentucky Law Survey: Domestic Relations, Louise Everett Graham, Janet Jakubowicz

Kentucky Law Journal

No abstract provided.