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Articles 61 - 83 of 83
Full-Text Articles in Family Law
Adoption Reform In Ohio, Kathleen Haack Hartley
Adoption Reform In Ohio, Kathleen Haack Hartley
Cleveland State Law Review
This note will treat the three areas of the proposed Ohio Adoption Reform bill which seem significant: the need for agency consent in adoption proceedings; the rights of putative fathers in adoption proceedings; and independent adoptions. While a complete separation of the social and legal consequences of the proposed changes is not always possible, this note will focus primarily on the legal ramifications in these particular areas by sampling the laws of various states with an emphasis on Ohio law as it relates to the proposed adoption procedure.
Adoption Laws Of Ohio: A Critical And Comparative Study, William K. Yost
Adoption Laws Of Ohio: A Critical And Comparative Study, William K. Yost
Cleveland State Law Review
Adoption has been defined as "The act by which the relations of paternity and affiliation are recognized as legally existing between persons not so related."' However, the result of adoption is the creation of a status, that of parent and child, and not of a contractual obligation. In this respect it is similar to marriage. A study of adoption perforce requires an examination of the practice and the law involved in the placement of children for adoption, the termination of the rights and obligation of the natural parents, the procedures of adoption in the courts and the legal effect of …
Blood Tests In Paternity Cases, Robert Ratimorszky
Blood Tests In Paternity Cases, Robert Ratimorszky
Cleveland State Law Review
Medical science has developed and provided absolute proof of non-paternity by exclusion with the probability higher than 71.6 per cent.The blood tests determining nonpaternity by exclusion are conclusive.Despite this conclusive and scientifically proven medical system of exclusion, legislatures and courts in many jurisdictions are still slow in accepting the irrebuttable proof of blood grouping tests. Resentment is strong in many jurisdictions against the admission of possibility of paternity upon all the evidence. The argument that if admitted, such evidence is prejudicial holds in many jurisdictions including Ohio.Legislatures and courts should take cognizance of the proof of blood tests in paternity …
Putative Father's Visitation Rights, John F. Harkins
Putative Father's Visitation Rights, John F. Harkins
Cleveland State Law Review
A problem contiunally encountered in the enforcement of child support payments ordered in a proceeding in Bastardy arises when the mother of the child, in whose custody the child remains, refuses to allow the putative father reasonable periods of visitation. In numerous cases, visits with child are denied, even when the putative father regularly pays the weekly support and, in addition, expresses a genuine affection and concern toward the well-being of the child. Assuming that the putative father desires an association with his illegitimate child which the mother refuses, what remedies does or should the putative father have?
Bastardy Proceedings - A Proposal, Harry W. Greenfield
Bastardy Proceedings - A Proposal, Harry W. Greenfield
Cleveland State Law Review
The putative father's rights in bastardy proceedings are in need of protection. It is true that many a defendant is indeed the father of the child; however, the the defendant, be he guilty or innocent, must be upheld. The father may face jail anytime he cannot adequately explain to the court why he had not been making his support payments. Over the years the courts have allowed civil procedure to govern quasi-criminal cases in this area of law. The courts have rationalized their position by emphasizing that the purpose of a bastardy action is solely financial redress. There is a …
Court Ordered Non-Emergency Medical Care For Infants, James A. Baker
Court Ordered Non-Emergency Medical Care For Infants, James A. Baker
Cleveland State Law Review
It has long been recognized that a privilege to act is a perfect defense to liability for a non-consensual, intentional interference with another person. This privilege is based upon self defense, defense of third persons, mistake, or various other recognized legal theories. Even a state may have a privilege to interfere with the person of a citizen, and this privilege may extend to an interference to provide an infant citizen with medical care without the consent of, or against the express wishes of, the parent or guardian.
Annulments For Lack Of Love And Affection, Samuel Abrahams
Annulments For Lack Of Love And Affection, Samuel Abrahams
Cleveland State Law Review
New York long as enjoyed the dubious distinction of being the most flexible jurisdiction for the granting of annulments of marriages. As a student of the subject relates, "For those unable or unwilling to travel and assume residence outside the state, New York offers an unusually expansive concept of annulment to mitigate the severity of the divorce law." There is some anticipation that the recently revised divorce statute will tend to make annulments less appealing and attractive to those who are incapable of resorting to foreign forums for the severance of the marital tie. Annulments for fraud are allowed to …
Refusal To Have Children As A Ground For Divorce Or Annulment, Marvin M. Moore
Refusal To Have Children As A Ground For Divorce Or Annulment, Marvin M. Moore
Cleveland State Law Review
When a husband and wife agree to practice birth control no legal problems are normally created. In England and now in all American jurisdictions the use of contraceptive devices and techniques is perfectly lawful, and only three states impose restrictions on voluntary sterilization. In fact, there is considerable evidence that our society not only permits birth control but considers it highly desirable. However, a different situation is presented when contraception is practiced by one spouse against the will of the other. The offending spouse remains free of criminal liability, but he may be vulnerable to some form of marital legal …
Parent-Child Tort Actions, Richard W. Dunn
Parent-Child Tort Actions, Richard W. Dunn
Cleveland State Law Review
The rule in all states that have heard such actions is that an unemancipated child cannot sue his parent for a negligent tort in their ordinary family relationships. There does not appear to be any exception to that rule, unless the "business injury" rule (discussed below) is an exception. It is the opinion of this writer that this iron rule is archaic and should be changed. A total stranger may recover damages for the negligent act of a person who may be a parent, yet that same parent's own child may not recover.
The Case For Marriage By Proxy, Marvin M. Moore
The Case For Marriage By Proxy, Marvin M. Moore
Cleveland State Law Review
Though only a minority of American jurisdictions sanction marriage by proxy, considerations of logic and public policy indicate that many more should do so. These include those common law marriage jurisdictions which do not require cohabitation and those non-common law marriage states which have no statutes clearly requiring both parties personally to apply for the license or personally to attend the ceremony. It is hoped that this situation will be remedied. When a state assumes the authority to prescribe the sole conditions under which its inhabitants may enter into so basic a relation as that of marriage, it incurs the …
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Cleveland State Law Review
Most jurisdictions recognize habitual drunkenness either as an independent ground for divorce or consider it as a factor in determining some other wrong. An examination of the cited cases indicates that the drunkenness complained of must produce some adverse effect upon the family, either of a mental, physical, or economic nature. The courts, in guarding the marital institution, will not permit a divorce where the complainant has condoned the actions of the defendant, connived to bring about the ground for dissolution of the marriage, or where there is premarital knowledge of the intemperance.
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Cleveland State Law Review
Most jurisdictions recognize habitual drunkenness either as an independent ground for divorce or consider it as a factor in determining some other wrong. An examination of the cited cases indicates that the drunkenness complained of must produce some adverse effect upon the family, either of a mental, physical, or economic nature. The courts, in guarding the marital institution, will not permit a divorce where the complainant has condoned the actions of the defendant, connived to bring about the ground for dissolution of the marriage, or where there is premarital knowledge of the intemperance.
Practical Aspects Of Ohio Divorce Proceedings, Anthony R. Fiorette
Practical Aspects Of Ohio Divorce Proceedings, Anthony R. Fiorette
Cleveland State Law Review
In its enforcement, the lawyer, as an officer of the court, occupies a top position of responsibility. The opportunity to deter, and perhaps prevent, the ultimate dissolution of the family comes first to him, and carries with it, a challenge to his patience, tolerance and particularly to his concept of social service. When pursuit of divorce and consequent family disorganization appears unavoidable, counsel is accorded a further opportunity to minimize expenses, avoid scandal and bitterness, and to plan the future welfare of the minor children and the estranged spouses. In performing this task he seeks to evaluate how the court …
A Defense Of First-Cousin Marriage, Marvin M. Moore
A Defense Of First-Cousin Marriage, Marvin M. Moore
Cleveland State Law Review
In most American jurisdictions a marriage between first cousins constitutes incest. This rule cannot be justified, as this writer hopes to demonstrate in the following discussion.
Tort Actions Between Husband And Wife, Catherine H. Hotes
Tort Actions Between Husband And Wife, Catherine H. Hotes
Cleveland State Law Review
In the majority of states, the Married Women's Acts or Emancipation Acts statutes have no express provision with respect to personal tort actions between spouses. Instead, they provide in general language that married women may sue separately for torts committed against them and that they may sue and be sued as though they were unmarried. In most of these states, however, the courts have held that such statutes do not abrogate the common law rule of spousal immunity.
Husband-Wife Privileged Communications Summarized, Donald L. Guarnieri
Husband-Wife Privileged Communications Summarized, Donald L. Guarnieri
Cleveland State Law Review
Courts and legislatures of the United States generally view communications between husband and wife as privileged against court-room disclosure. The protection which the courts, legislatures and text writers' have favored seems to stem from the basic premise "that the privilege against court-room disclosure is needed for the encouragement of marital confidences, which confidences in turn promote harmony between husband and wife." Affection and understanding between husband and wife seem far more important for marital harmony than confidence based on a legal rule of evidence.
Parental Delinquency, E. F. Samore
Parental Delinquency, E. F. Samore
Cleveland State Law Review
Juvenile delinquency is a widely discussed subject. Every segment of our society has its experts on the subject, and every expert has a solution. Yet the problems not only increase, but become more and more complex in all strata of our society. The problems have become so commonplace that our society seems to be accepting them as a normal necessary evil about which little can be done. As a prosecutor or as defense counsel, I have never yet met any parents who willingly admitted fault in these problems. They insist that they have been good parents and that the fault …
Contracts For Religious Education Of Children, Jack F. Smith
Contracts For Religious Education Of Children, Jack F. Smith
Cleveland State Law Review
The courts of the United States almost uniformly hold that the parent having custody of a child or children can select the religious faith to be taught to the child or children, even though they may have previously promised to rear the child or children in a particular faith.
Therapeutic Approach To Divorce Proceedings, Marcus G. Raskin, Sanford N. Katz
Therapeutic Approach To Divorce Proceedings, Marcus G. Raskin, Sanford N. Katz
Cleveland State Law Review
The concept of fault -the placing of blame on one party- has no place in the therapeutic approach to divorce cases. If we consider the concept of fault in a different sense, namely, misconduct contributing to the disruption of the marital relation, then the concept becomes workable. The marriage counselor's primary function is not to determine which party's misconduct has caused the discord. The therapeutic approach is based on a relational misconduct. That is, it applies when both parties are responsible for the breakup. The aim of the therapeutic approach is not to "reward the innocent and punish the guilty." …
Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr.
Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr.
Cleveland State Law Review
Ohio's adoption statutes have always been under the close scrutiny of the courts, the legislatures and society. Their main purpose is to promote the welfare of adopted children, as well as to protect them. However, in their zeal to create a close relationship between the child and the adopting parent, the legislatures of several states, including Ohio, have attempted to sever the connection of blood relationship, in favor of the adopting parents. In the process they sometimes have cut off the right of inheritance between the child and the natural parent. A review of several recent cases indicates that this …
Continuing Jurisdiction In Divorce Cases, Otto Miller Iii
Continuing Jurisdiction In Divorce Cases, Otto Miller Iii
Cleveland State Law Review
This paper discusses whether or not a divorce court, by granting a continuing order for support and/or alimony, thereby retains such jurisdiction over the person that it need only give notice by mail or publication before reducing an arrearage to a lump sum judgment which, under "due process" is entitled to full faith and credit in the courts of sister States. It is assumed that the court had jurisdiction over the person of the defendant at the time the order for support and/or alimony was originally granted.
Random Thoughts On Marriage And Divorce, Samuel H. Silbert
Random Thoughts On Marriage And Divorce, Samuel H. Silbert
Cleveland State Law Review
Marriage and divorce give rise to our most perplexing legal difficulties. This is partly due to social considerations. A primary cause, however, can be found in the States' Rights Doctrine as a consequence of which there has been constant confusion and a lack of uniformity in our laws. Our various states differ on when people may marry; whom they may marry; the ages at which they may marry; the residence requirements for divorce and the grounds for divorce. Thus, despite the Full Faith and Credit Clause in the United States Constitution, the decrees obtained in one state are not necessarily …
The Equitable Theory Of Injunction In Domestic Relations, Moss H. Thompson
The Equitable Theory Of Injunction In Domestic Relations, Moss H. Thompson
Cleveland State Law Review
Adequate protection in the nature of injunctive relief has been extended to all branches of the law where there is a primary property right to be protected. Despite the rapid development in the field of equitable relief it has always been considered extraneous to actions in domestic relations. The majority of the courts will not protect marital and domestic rights from third party intervention because such action involves a personal right rather than a necessary property right. There is adequate reason for a change in this precept which delegates personality to such an insecure position. Only a limited number of …