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Articles 91 - 98 of 98
Full-Text Articles in Family Law
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Faculty Scholarship
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.
Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Terminaton Of Parental Rights Law, Philip M. Genty
Fordham Urban Law Journal
This Article examines the parental rights of incarcerated mothers under New York's foster care and termination of parental rights laws. It describes the foster care system in New York, the grounds for a termination of parental rights proceeding, and the problems that persist despite New York's legislative reforms. After examining these problems, the author proposes several legislative solutions, which include: (1) improving incarcerated parents' access to court proceedings; and (2) requiring social services agencies and prison officials to provide the services necessary to maintain and strengthen the parents' parental relationships. This Article concludes that, while New York has enacted legislation …
Civil Claims Of Adults Molested As Children: Maturation Of Harm And The Statute Of Limitations Hurdle, Carolyn B. Handler
Civil Claims Of Adults Molested As Children: Maturation Of Harm And The Statute Of Limitations Hurdle, Carolyn B. Handler
Fordham Urban Law Journal
This Note, focusing on New York law, demonstrates that the statute of limitations is the primary procedural difficulty that adult victims of childhood incest abuse encounter in bringing their civil claims. Specifically, the traditionally short statutes of limitations for assault, battery and infliction of mental distress often preclude the adult victim of childhood incest from seeking a remedy within the statutorily prescribed time. Part II of this Note presents an overview of the nature of incest abuse and its resultant injuries and considers the purposes and policies behind statutes of limitations. Part II also sets out the various common law …
Whose Child Is It Anyway? Awarding Joint Custody Over The Objection Of One Parent, Daniel R. Mummery
Whose Child Is It Anyway? Awarding Joint Custody Over The Objection Of One Parent, Daniel R. Mummery
Fordham Urban Law Journal
This Note addresses issues of joint custody of children in divorce cases where one parent objects to that arrangement. Part I examines New York's approach to custody, and finds it unduly restrictive and thus likely to inhibit full consideration of joint custody as an alternative. Part II of the Note discusses the historical background of child custody and explains the emergence of joint custody as a result of perceived inadequacies inherent in the sole custody arrangement. Part III discusses different approaches taken by various jurisdictions to the controversial issue of awarding joint custody over the objection of one parent, and …
Development And Expansion Of New York's Permanent Neglect Statute, Joseph R. Carrieri
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 …
The Effect Of The New Age Of Majority On Preexisting Child Support Settlements, Nicholas C. Dipiazza
The Effect Of The New Age Of Majority On Preexisting Child Support Settlements, Nicholas C. Dipiazza
Fordham Urban Law Journal
Since the enactment of the twenty-sixth amendment to the United States Constitution, most states passed legislation lowering the age of majority from twenty-one to eighteen. A crucial question arising from these statutes is whether they affect or should affect child support settlements which provide for support to the child until he or she reaches the age of majority. This note discusses the key question whether children have a continuing right to support until age twenty-one under settlements resulting from divorce decrees and agreements made prior to the enactment of the new age of majority laws. The note analyzes the conflicts …
Family Law 1961 Survey Of New York Law: Part Four: Torts And Family Law, Roger J. Goebel, Arthur W. Rashap
Family Law 1961 Survey Of New York Law: Part Four: Torts And Family Law, Roger J. Goebel, Arthur W. Rashap
Faculty Scholarship
Legislation designed to enable prompt judicial supervision of private adoptions was the most significant advance in domestic relations law this year. The legislature also subjected the contracts and earnings of infants engaged in professional activities to judicial control. Notable Court of Appeals decisions granted an annulment for constructive abandonment through refusal of sexual relations, denied an injunction against divorce proceedings in a foreign nation, and refused to abrogate the old rule against actions in tort by a child against his parent. Probably the most notorious case of the year was the action for debauchery brought by an eighteen-year-old plaintiff against …
Family Law 1960 Survey Of New York Law: Part Four--Torts And Family Law, Roger J. Goebel
Family Law 1960 Survey Of New York Law: Part Four--Torts And Family Law, Roger J. Goebel
Faculty Scholarship
This year was one of quiet evolution rather than of substantial progress in the area of family law. The event having the greatest effect on the average citizen was undoubtedly the raising of the marriage license fee in New York City to three dollars. The most noteworthy of the other minor legislative changes were an egalitarian enactment forbidding wives from contracting to abrogate their duty of support of incapacitated husbands and an authorization of resident parole centers for paroled juvenile delinquents whose home life is inadequate .