Family Law Commons^™

Why Terminate Parental Rights, Marsha Garrison

Faculty Scholarship

No abstract provided.

Sharing Parenthood After Divorce, Carol Sanger

Faculty Scholarship

Ciji Ware's first sentence in the popularly publicized Sharing Parenthood After Divorce directs the reader to "read this book before you hire a lawyer." Because many separated and divorced parents will follow Ware's instruction, family law practitioners should be aware of Ware's approach to and recommendations regarding custody. Her position is clear. The book is subtitled An Enlightened Custody Guide for Mothers, Fathers, and Kids and the meaning of "enlightened" is apparent from the title of Part One, "Why You Should Choose Shared Custody." But because her message is sometimes more enthusiastic than considered, lawyers and parents should be aware …

The Revolution In Family Law: 45 Landmark Decisions: Four Experts Look At The Most Significant Cases Handed Down During The Last Two Decades, Randall M. Chastain, Monroe L. Inker, Sanford N. Katz, Frances H. Miller, Walter Weyrauch

Faculty Scholarship

No abstract provided.

Parents' Rights And Juvenile Court Jurisdiction: A Review Of Before The Best Interests Of The Child, Stanley Z. Fisher

Faculty Scholarship

This new book¹ by the authors of Beyond the Best Interests of the Child² also makes a major contribution to the field of family law. Concentrating this time on the subject of child neglect and abuse, the authors mount a powerful attack on state intrusion into families under current child protection laws. Like Beyond the Best Interests, this book has attracted wide attention and provoked intense controversy. It should be read by all those concerned about the law's impact on children and families.

Analytical And Comparative Variations On Selected Provisions Of Book One Of The Louisiana Civil Code With Special Consideration Of The Role Of Fault In The Determination Of Marital Disputes, Thomas E. Carbonneau

Faculty Scholarship

This article is intended to be a type of "structuralist" commentary upon selected provisions in Book I of the Louisiana Civil Code. Its sole purpose is to illustrate, both for pedagogical and doctrinal reasons, some of the analytical difficulties to which these code provisions might give rise when they are read in a close textual fashion. It should be emphasized that this study is a textual commentary and not a historical assessment of the sources or origins of the code texts – the latter analysis is outside the purview of the present endeavor.

Accordingly, this article consists of a critical …

Survey Of Developments In North Carolina Law, 1979. Family Law, Jane R. Wettach, M. Ann Anderson

Faculty Scholarship

No abstract provided.

Specific Performance Of Separation Agreements: Is The Remedy Enforceable?, Jane Wettach

Faculty Scholarship

No abstract provided.

Families With Service Needs: The Newest Euphemism, Stanley Z. Fisher

Faculty Scholarship

Juvenile court jurisdiction over "status offenders" - juveniles engaging in noncriminal misconduct such as truancy, running away, and "incorrigibility" - has become the subject of national debate. Most participants in the many-sided discussion agree that the system needs reform. The major disagreement, however, is between those who wish merely to reform the court's jurisdiction over this conduct, and those who would substantially eliminate it. This article concerns the newest reform proposal: to revise status offense jurisdiction under a new category entitled "Families With Service Needs" (FWSN). Proposed in 1977 by a federally funded task force, 5 the FWSN concept has …

Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown

Faculty Scholarship

No abstract provided.

The New Article 310 Of The French Civil Code For International Divorce Actions, Thomas E. Carbonneau

Faculty Scholarship

The variety and complexity of the legal issues that can confront a French court in an international divorce action may best be illustrated by a description of the basic factual pattern of, and the initial arguments advanced in, some of the more typical cases:

1. French National Spouse v. Foreign National Spouse
2. The Validity of a Prior Foreign Divorce Decree
3. Foreign National Spouses With Immigrant Status in France
4. Spouses of Foreign Nationality with Domiciliary Status in France

Although disparate, the facts of these four hypothetical cases point to and are unified by two salient legal issues: one jurisdictional in nature and …

Tailoring Guardianship To The Needs Of Mentally Handicapped Citizens, Barbara A. Cohen, Barbara Oosterhout, Susan P. Leviton

Faculty Scholarship

No abstract provided.

On Reading Cramton, Currie & Kay -- Reflections And Prophecies For The Age Of Interest Analysis, Aaron Twerski

Faculty Scholarship

No abstract provided.

Beyond The Best Interests Of The Child, Joanna B. Strauss, Peter Strauss

Faculty Scholarship

Identifying just principles for minimizing and resolving disputes over child custody remains one of the law's knots. King Solomon's renowned gambit for resolving the claims of two women to a newborn child was in fact the easy case: only one of the two contenders had a just claim; only one of the two contenders was prepared to be responsible; and in that first of reported cases, the judge had the advantage of surprise. Yet where each potential custodian has a claim, where each is equally prepared (or unprepared) to sacrifice his interests for the child, and where the rules of …

Deductibility Of Expenses For Child Care And Household Services: New Section 214, Alan L. Feld

Faculty Scholarship

It is increasingly common to find families composed of husband, wife and young children, where both husband and wife are gainfully employed. For some, this pattern is regarded as preferable to the older "ideal" family, where the husband was the sole breadwinner and the wife cared for the children, performed household chores and perhaps engaged in social or charitable activities. Where both spouses are gainfully employed, it is often necessary for the family to employ household help to care for the children and do the housework. These expenditures are "necessary" to the gainful employment of both spouses in the sense …

The Relationship Between Promise And Performance In State Intervention In Family Life, Peter L. Strauss, Millard L. Midonick, Nanette Dembitz, Harriet F. Pilpel, David J. Rothman

Faculty Scholarship

JUDGE MIDONICK: We have a fantastic representation of our alumni here and we've overdone our 10:00 starting time and we're supposed to stop at 12:00 promptly in order for us to go to the Low Memorial Library for lunch, for those who are having lunch with us. In order to be on time for this afternoon's extravaganza we really ought to begin now. You must understand this program is entirely unrehearsed and therefore will be more interesting. We have with us today a panel of four whom I will introduce as they are to speak. The first speaker will speak …

Family Law 1971 Survey Of New York Law: Part Five--Miscellaneous, Ted Occhialino, Richard A. Ellison

Faculty Scholarship

Review of recent cases (1970-1972) concerning divorce proceedings, family support, paternity proceedings, child custody, adoptions, juvenile delinqueny (PINS), and child protective proceedings.

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

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 .