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Articles 31 - 60 of 122
Full-Text Articles in Family Law
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
University of Richmond Law Review
No abstract provided.
Undeserving Heirs?--The Case Of The "Terminated" Parent, Richard Lewis Brown
Undeserving Heirs?--The Case Of The "Terminated" Parent, Richard Lewis Brown
University of Richmond Law Review
Every state has an intestate succession statute that prescribes how the property of those who die without a will should be distributed. Every state also by statute authorizes the government to intervene in the parent-child relationship in the most draconian manner possible by involuntarily terminating parental rights. This article explores how the law functions at the intersection of these two statutory schemes-the inheritance regime, as expressed through intestate succession statutes, and the child welfare regime, as expressed through termination of parental rights statutes ("TPR statutes").
Family And Juvenile Law, Robert E. Shepherd Jr.
Family And Juvenile Law, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright
Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright
University of Richmond Law Review
No abstract provided.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
No abstract provided.
Family Law, Elizabeth P. Coughter, Ronald R. Tweel
Family Law, Elizabeth P. Coughter, Ronald R. Tweel
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel
Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel
University of Richmond Law Review
The most significant case decisions regarding family law issues in Virginia this year are those cases involving the preemptive effect of federal law on equitable distribution issues. These cases held that federal law preempts state law when beneficiary provisions of certain insurance policies and retirement plans are being determined. Other important decisions struck down the self-executing provisions of property settlement agreements regarding the payment of child support. Additionally, a decision by the Court of Appeals of Virginia would have abrogated all property settlement agreements endorsed prior to 1998 were it not for a subsequent statutory modification.
Family Development Deductions - An Alternative To Repealing The Estate Tax, Richard J. Kovach
Family Development Deductions - An Alternative To Repealing The Estate Tax, Richard J. Kovach
University of Richmond Law Review
Opposing political and social interests have long conducted a vigorous debate on whether gratuitous transfers of wealth should invoke federal excise taxes. Attempts to eliminate wealth transfer taxes reached a peak in the summer of 2000, when the Senate passed repeal legislation overwhelmingly approved by the House of Representatives. Those supporting repeal point out that wealth transfer taxation discourages work and savings while encouraging consumption. They further assert that transfer taxation revenue does not constitute a very significant portion of total federal revenue. The supporters of repeal also emphasize how the complexity of these taxes has created a parasitic service …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Domestic Relations, Melissa J. Roberts
Annual Survey Of Virginia Law: Domestic Relations, Melissa J. Roberts
University of Richmond Law Review
Several significant developments in the area of domestic relations law took place in the past year. This article summarizes the key judicial decisions and legislative enactments pertaining to child support, child custody and visitation, marriage and divorce, spousal support, equitable distribution (including property classification and valuation) property settlement agreements, adoption, domestic violence, jurisdiction, and procedure that occurred from June 1, 1998 through May 15, 1999.
Annual Survey Of Virginia Law: Reform Of Adult Guardianship Law, John E. Donaldson
Annual Survey Of Virginia Law: Reform Of Adult Guardianship Law, John E. Donaldson
University of Richmond Law Review
The past two years have been especially significant for those subject to or involved in Virginia's system for providing court-appointed fiduciaries for incapacitated adults. Major legislation enacted in the 1997 Session of the Virginia General Assembly substantially reformed, clarified and restated the statutory system. Generally, the 1997 legislation became effective January 1, 1998. Further changes and refinements were made in the 1998 Session. The new system is more rational, coherent, unified and sensitive to the needs and rights of incapacitated adults than the system it replaces.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Domestic Relations, Lynne Marie Kohm
Annual Survey Of Virginia Law: Domestic Relations, Lynne Marie Kohm
University of Richmond Law Review
Within the past year, there have been changes of formidable importance in many major areas of domestic relations, both nationally and in Virginia. This article will review the major judicial and legislative developments in family law in Virginia in the context of national domestic relations law, with an eye toward trends in Virginia.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook, Player B. Michelsen
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook, Player B. Michelsen
University of Richmond Law Review
The General Assembly did not take any action regarding the Family Court issue in 1997. In 1996, funding for the family court was delayed until June 1, 1998, subject to state funds being "sufficient to provide adequate resources ... for the court to carry out the purposes of [Virginia Code section 20-96] and to fulfill its mission to serve children and families of the Commonwealth."
Accommodating Spouses: Regulation B And Revised Article 3- The Suretyship Law Complication, Sarah Howard Jenkins
Accommodating Spouses: Regulation B And Revised Article 3- The Suretyship Law Complication, Sarah Howard Jenkins
University of Richmond Law Review
Congress enacted the Equal Credit Opportunity Act in 1974 to insure fairness and impartiality in the extension of credit. Congress found that economic stability and competition among financial institutions would be enhanced if credit decisions were made without discrimination on the basis of sex or marital status. The Act and its implementing regulation, Regulation B, were designed "to promote the availability of credit for all creditworthy applicants without regard to... marital status" and to prohibit practices that discriminate on that basis. Later, the scope of the Act was extended to include other classes of discrimination such as race, color, religion, …
The Parental Tort Immunity Doctrine: Is It A Defensible Defense?, Sandra L. Haley
The Parental Tort Immunity Doctrine: Is It A Defensible Defense?, Sandra L. Haley
University of Richmond Law Review
If the overriding purpose of tort law is to compensate those injured by the wrongdoing of another, then intrafamily tort immunities have historically defeated that purpose. Their effect is to leave an uncompensated injured party with no remedy simply by virtue of the tortfeasor's familial relationship to the injured person. This survey focuses on the doctrine of parental tort immunity and concludes that, although numerous exceptions exist, the rationales advanced for the doctrine's continued existence are of questionable relevance today.
Fault: A Viable Means Of Re-Injuecting Responsibility In Marital Relations, Adriaen M. Morse Jr.
Fault: A Viable Means Of Re-Injuecting Responsibility In Marital Relations, Adriaen M. Morse Jr.
University of Richmond Law Review
The era of marital fault being the only grounds for divorce in the United States has passed, and its passing brings few tears to the eyes of most. As evidenced by the passage above, the airing of marital fault in open court, even in the days when such practices were the norm, at times shocked the sensibilities and conscience of those who had to listen to the evidence and then issue decisions based upon it.
Annual Survey Of Virginia Law: Domestic Relations, Katharine Salmon Cary, Mary Kathryn Hart
Annual Survey Of Virginia Law: Domestic Relations, Katharine Salmon Cary, Mary Kathryn Hart
University of Richmond Law Review
This article reviews some of the important developments in the area of domestic relations law between May 1995 and July 1996. Of particular significance were opinions by the Court of Appeals of Virginia regarding issues of imputed income, the definition of a "day" for shared custody purposes, and the role of marital fault in equitable distribution determinations. The majority of bills passed in the 1996 Session of the General Assembly simply fine-tuned existing law. However, notable statutory revisions were made in the areas of child support and domestic violence. Although the legislature replaced the term "spousal abuse" with "family abuse," …
Choices For A Child: An Ethical And Legal Analysis Of A Failed Surrogate Birth Contract, Adam Marshall
Choices For A Child: An Ethical And Legal Analysis Of A Failed Surrogate Birth Contract, Adam Marshall
University of Richmond Law Review
In today's world of increasingly sophisticated reproductive technologies which offer once infertile couples the chance to have their own child, one wonders what wisdom King Solomon would provide in a conflict involving a woman hired to bear another couple's child. This paper explores such a situation.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook
University of Richmond Law Review
It is well known that non-conforming payments or overpayment of support will not entitle a payor spouse to future credit against his obligations. This continues to be the rule in Virginia. In the case of Sanford v. Sanford, the Virginia Court of Appeals reversed the trial court's decision to credit excess spousal support payments made by the husband against his future obligations. The husband agreed to pay spousal support pursuant to a property settlement agreement, which was incorporated into the parties' final divorce decree. The husband was then terminated by his employer, but he received one year severance pay. Based …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Domestic Relations, Ronald S. Evans, Deanna D. Cook
Annual Survey Of Virginia Law: Domestic Relations, Ronald S. Evans, Deanna D. Cook
University of Richmond Law Review
The 1993 Virginia General Assembly enacted two bills to implement the Judicial Council's report to the Governor and General Assembly recommending the creation of a Family Court in Virginia. The Family Court was to be in effect January 1, 1995, provided that the 1994 legislative session passed the necessary funding and appropriation bills. The 1994 Session did not allocate funds; however, rather than allowing the Family Court project to lapse by inaction, the legislature delayed implementation of the court until July 1, 1996.
Child Custody Modification Based On A Parents Non-Marital Cohabitation: Protecting The Best Interests Of The Child In Virginia, Katherine A. Salmon
Child Custody Modification Based On A Parents Non-Marital Cohabitation: Protecting The Best Interests Of The Child In Virginia, Katherine A. Salmon
University of Richmond Law Review
In recent years, courts have been faced with deciding what constitutes "parental fitness" for custody purposes in light of society's changing mores and values. In attempting to define the role that a parent's sexual lifestyle plays in a custody or visitation dispute, courts across the country have lost sight of their ultimate responsibility - to protect the best interests of the child. Instead, courts often seem more concerned with protecting the sexual freedom of unmarried parents than in contemplating the impact cohabitation may have on children. The Court of Appeals of Virginia is no exception.
Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers
Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers
University of Richmond Law Review
During the decade following 1978, six statewide initiatives addressed the need for reform in the Virginia guardianship system. In 1988, the General Assembly established a joint subcommittee to evaluate the status of guardianship in the Commonwealth and to make recommendations to enhance the existing program to ensure the protection of citizens who entrust their lives and property to the guardianship system. Additionally, prompted by the urgent need for a public response to the shortage of available guardians, the General Assembly directed the Department of Social Services to examine the possibility of reserving public guardianship for use only as a last …
Divorce Denied: Have Mental Cruelty, Constructive Desertion And Reasonable Apprehension Of Bodily Harm Been Abolished In Virginia?, Sylvia Clute
University of Richmond Law Review
In a turmoil of emotional distress and in fear of the outcome of an already deteriorating pregnancy, she fled the marital home with only her small son and a suitcase full of clothes. This woman's husband had publicly and privately bullied, berated, belittled and browbeat her throughout their marriage, but since she became pregnant she feared that his campaign to keep her in a constant state of emotional disequilibrium would also harm the child she carried. Her husband controlled her by keeping a tight grasp on the family finances providing her with meager spending money and forcing her to produce …
Redressing Wrongs Of The Blamelessly Ignorant Survivor Of Incest, Camille W. Cook, Pamela Kirkwood Millsaps
Redressing Wrongs Of The Blamelessly Ignorant Survivor Of Incest, Camille W. Cook, Pamela Kirkwood Millsaps
University of Richmond Law Review
Until recently, our society has refused to acknowledge and recognize the widespread incidence of incest. Childhood sexual abuse, especially incestuous abuse, has reached unconscionable proportions. A representative study by Dr. Diana E. H. Russell determined that as many as thirty-eight percent of the female population have experienced sexual molestation by the age of eighteen years. Formerly, psychiatrists, psychologists, therapists, and other investigators who did discover the severe effects of childhood incestuous abuse on adult women reacted by suppressing and denying their findings.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.