Family Law Commons^™

Pockets Of Poverty: The Second Wives Club - Examining The Financial (In)Security Of Women In Remarriages, Margorie Engel

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

You Made Your Bed...Now You Are Going To Pay For It: An Analysis Of The Effects Of Virginia's Mandatory Paternal Identification In Afdc Cases Will Have On The Rights Of Unwed Fathers, Kindra L. Gromelski

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Does The Dissolution Of Covenant Marriages Mirror Common Law England's Subordination Of Women?, Rebecca E. Silberbogen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Bargaining In The Shadow Of Love: The Enforcement Of Premarital Agreements And How We Think About Marriage, Brian Bix

William & Mary Law Review

No abstract provided.

The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna

William & Mary Law Review

No abstract provided.

State-Compelled Fetal Surgery: The Viability Test Is Not Viable, Krista L. Newkirk

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Improving Custody Law In Virginia Without Creating A Rebuttable Presumption Of Joint Custody, Eliza B. Hutchison

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Family Values And The Bankruptcy Code: A Proposal To Eliminate Bankruptcy Benefits Awarded On The Basis Of Marital Status, A. Mechele Dickerson

Faculty Publications

No abstract provided.

Reform Of Adult Guardianship Law, John E. Donaldson

Faculty Publications

No abstract provided.

Tearing Down The House: Weakening The Foundation Of Divorce Mediation Brick By Brick, Colleen N. Kotyk

William & Mary Bill of Rights Journal

Mediation is an attractive alternative to traditional litigation. In the last decade the use of mediation in family law has increased substantially. Mediation is particularly suited to family disputes when the parties voluntarily choose to use the process because it can help the parties resolve disputes and foster long-term relationships. Not all parties, however, are given a choice between mediation and more traditional adversarial justice. Currently, state legislation ranges from permitting mediation to mandating mediation. Mandatory mediation raises the issue of due process violations, especially in situations involving spousal abuse.

This Note analyzes the use of mediation in domestic relations …

Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman

William & Mary Law Review

No abstract provided.

Setting Standards For Parenting - By What Right?, James G. Dwyer

Faculty Publications

Mental health professionals, like other professionals involved in family
matters, feel constrained when advocating for the interests of children by the belief
that parents are entitled to custody and control of their children's lives, regardless of
what others may think of their parenting behavior, absent severe harm to the children.
This belief is morally untenable, and the legal doctrine of parental rights that is its
concrete embodiment is inconsistent with other well-established legal principles and
should be abandoned. Children alone should have legal rights in connection with their
upbringing, and those rights should include an entitlement to much higher standards …

Tax Issues In Divorce, Marjorie A. O'Connell

William & Mary Annual Tax Conference

No abstract provided.

Reading Casey: Structuring The Woman's Decisionmaking Process, Robert D. Goldstein

William & Mary Bill of Rights Journal

In this Article, Professor Goldstein argues that the primary concerns of Planned Parenthood v. Casey's joint opinion were expressive, not regulatory, in nature: to allow the state more leeway to structure the woman's decisionmaking process and to engage in its own speech regarding her exercise of her procreative choice. To this end, he identifies three models by which the state can engage in such structuring: the autonomy informed consent model, the dialogical model, and the government speech model. He then analyzes Casey in light of each model to understand what limits Casey places on state abortion regulation. He also develops …

Breaking Up A Family Or Putting It Back Together Again: Refining The Preference In Favor Of The Parent In Third-Party Custody Cases, Carolyn Wilkes Kaas

William & Mary Law Review

No abstract provided.

God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred

Faculty Publications

No abstract provided.

Book Review Of State Legislative Summary, 1994: Children, Youth, And Family Issues, James S. Heller

Library Staff Publications

No abstract provided.

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

Faculty Publications

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …

Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Love And Obligation: Family Law And The Romance Of Economics, Ann Laquer Estin

William & Mary Law Review

No abstract provided.

The Domestic Relations Exception To Federal Jurisdiction: Rethinking An Unsettled Federal Courts Doctrine, Michael Ashley Stein

Faculty Publications

No abstract provided.

Bottoms V. Bottoms: A Comment, Douglas A. Steinberg

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Providing Justice For Children In Disputed Adoptions: A Feminist Perspective, Meghan S. Skelton

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Rejoinder, Larry I. Palmer

Faculty Publications

No abstract provided.

Defining Marriage And The Family, Herbert W. Titus

William & Mary Bill of Rights Journal

No abstract provided.

Keynote Address To The Symposiuml Defining Families: Gays, Lesbians, And The Meaning Of Family, Beatrice Dohrn

William & Mary Bill of Rights Journal

No abstract provided.

Gay And Lesbian Families: Judicial Assumptions, Scientific Realities, David K. Flaks

William & Mary Bill of Rights Journal

No abstract provided.

"Entreat Me Not To Leave Thee": Bottoms V. Bottoms And The Custody Rights Of Gay And Lesbian Parents, Stephen B. Pershing

William & Mary Bill of Rights Journal

No abstract provided.

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer

Faculty Publications

The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …