Family Law Commons^™

Whose Fault Is It Anyways?: An Investigation Into Mississippi Divorce And Contested Custody Laws In Practice, Charles Conner

Honors Theses

When compared to almost any other state in the country, Mississippi is an outlier when it comes to divorce and child custody laws. Mississippi still retains a fault-based system to adjudicate contested divorces and still maintains best interest of the child as the default custody standard in court. These standards make Mississippi an exception nationally, requiring dedicated hearings to assign blame for the collapse of a marriage. This thesis aims to study how this unique system has impacted those going through it by surveying attorneys in the state who practice family law. This thesis will compare experiences both nationwide and …

Surrogacy-Friendly State Law: Criteria For Categorizing State Law By Strength Of Legal Pathways To Gestational Surrogacy, Emma J. Noble

Honors Theses

This paper proposes new criteria for defining U.S. states as surrogacy-friendly. It exclusively considers gestational surrogacy and domestic intended parents. It provides an overview of the surrogacy laws in each state and Washington D.C., and classifies them by the newly proposed criteria. Existing definitions of surrogacy-friendly do not often provide detailed legal distinctions between the states. The proposed criteria consider whether or not a state has express surrogacy laws and if the intended parents’ sexual orientation, marital status, or genetic relationship to the child are limiting factors in their ability to obtain parentage orders. The criteria depend on the legal …

Appellate Review Of Child Custody In Mississippi, 1994-2024, Eleanor Detweiler

Honors Theses

This study examines changes in child custody decision-making within the Mississippi appellate court system over a thirty-year period, with a particular focus on the role of legal custody as a separate consideration from physical custody. Using a longitudinal empirical research design, appellate court decisions from 1994, 2004, 2014, and 2024 were analyzed using Nexis Uni. Cases were identified using the search term “child custody” with emphasis on case headnotes indexed under “child custody” as the area of law. Variables including party roles, types of custody sought, reasons for appeal, and case outcomes were recorded and evaluated to identify trends over …

Under The Guardianship: Experiences Of Mothers In Egypt’S El Nayaba El Hesbaya, Hana Khayry

Theses and Dissertations

This thesis explores the intersectional lived experience of El Nayaba El Hesbaya in Egypt. El Nayaba El Hesbaya, operating under Law 119/1952, is the administrative and judicial body responsible for overseeing the financial and legal affairs of minors whose father or mother had passed. Hundreds of thousands of mothers in Egypt have (had) children under the guardianship of El Nayaba El Hesbaya. This research delves into the experience of mothers whose children are or were under the guardianship of El Nayaba El Hesbaya, examining how it shape(s/d) their everyday life as women, mothers, widows or ex-wives, citizens, and legal subjects. …

Law And The (Re)Production Of Class Hierarchies In Egypt, Ahmad Abdelnaby

Theses and Dissertations

This thesis investigates how Egypt’s legal system, structurally tilted toward the elite and constitutive of inequality, has interacted with the country’s entrenched culture of class-based discrimination to produce a legal culture uniquely comfortable with hierarchy. It contends that class-based discrimination in Egypt has evolved from a social prejudice into a juridical condition, one in which the law does not merely mirror inequality but actively constructs and rationalizes it. By examining the intersection between legal structure and Egypt’s entrenched moral order of class-based discrimination, the study reveals a legal culture that no longer hides its hierarchies behind the veil of neutrality …

Pronatalism In The United States: How Political Ideals Surrounding Family And Reproductive Health Care Contribute To Neglect In The Foster Care System, Carson Sebree

Undergraduate Honors Theses

Within the past decade, conservative reproductive politics in the United States have experienced an ideological shift from pro-life toward pronatalism. This has been intensified through the rollback of reproductive rights and the rise of Christian nationalism. However, there has been no commensurate additional funding for the foster care system. This project asks the interrelated questions of: “how is pronatalism linked to neglect within the foster care system?; and, how do theories of democratic care highlight the necessity to rethink support for the foster care system and create policies that will address its shortcomings, given the rise of pronatalist aw and …

Parent-Child Contact In Family-Focused Programs For Incarcerated Individuals, Carol Marie Nettie Mcdonald

Electronic Theses, Projects, and Dissertations

The following research study will evaluate family-focused programs offered to incarcerated individuals and determine if these programs are hindered when there is little to no contact between parents and children during incarceration. Family-focused programs include parent/child bonding, and/or parenting classes and other similar programs. The research method that will be used in this study is a qualitative design and will gather data through interviews of formerly incarcerated individuals as well as former children (now adults) who have been involved in family programming. The study will also gather data from licensed clinical staff who have been involved in related programming while …

Cyber And Tech-Based Partner Stalking In Jefferson County, Norah Wulkopf

Undergraduate Theses

Since stalking laws were enacted in the 1990s, they have been historically difficult to enforce. As less and less of our lives become private due to our ever-present devices, stalkers frankly have more access to their targets than ever before. The tenuous nature of stalking laws and the growing resources for stalkers place targets of stalking in a very precarious situation: the legal system has never been adequately equipped to handle stalking cases, and local justice systems do not have the resources to handle tech-based crimes. Through interviews with actors in the criminal justice system, this presentation considers how these …

The Transition Process Of Syrian Refugee Families Separated By U.S. Immigration Law, Firas Aljijakli

Graduate Theses, Dissertations, and Capstones

Refugees are regarded as one of the most pressing humanitarian issues worldwide due to intricate social, economic, and demographic factors. Changes in U.S. immigration policy across successive administrations, particularly regarding the refugee ban and the duration of the resettlement process, have significantly impacted admission procedures. Consequently, family separations occur during the resettlement process, compelling families to navigate immigration policies while managing the challenges of being apart. This separation from their children greatly affects refugees’ ability to integrate into American society.

The research examines how Syrian refugee families cope with the separation resulting from U. S. immigration law. An important lens …

Beyond The Cell: The Impact Of Parental Incarceration On Children Based On The Factors Of Age, Gender, And Race, Ella M. Zeigler

Senior Theses

Incarceration is a life-changing event. It is humbling to be surrounded by three cement walls and a row of metal bars reaching from the floor to the ceiling. Millions of individuals are impacted by the adverse effects of incarceration, but millions more feel the effect of their incarceration as well. There are obvious negative impacts on those who have personally experienced incarceration, but one of the largest impacts is widely overlooked; one that comes from beyond the cell. This thesis considers the variation in the impact of parental incarceration on children, specifically based on the factors of age, gender and …

Digital Child Labor Exploitation In Sharenting: Proposing Legislative Solutions For Enhanced Child Protection, Joana Guzman Gonzalez

University Honors Theses

This thesis explores the implications of sharenting -- the practice of sharing children's information on mass media--raises urgent concerns about child safety and potential human rights violations -- and the exploitation of children in digital spaces, focusing on the risks of privacy, safety and mental health pose by the rise of kidfluencers – children influencers under the age of 18 – and family vlog channels. Through a comprehensive literature review, the research examines children's online presence's emotional, legal, and societal impacts, drawing from case studies such as Sheri Franke, Wren Eleanor, Ryan Kaji, and JoJo Siwa. The analysis reveals a …

The Legal Framework Of Foster Care In Egypt: A Gender Analysis Of Alternative Families And Patrilineal Structures, Amira Fadel

Theses and Dissertations

The thesis explores women’s legal representation and agency over their non-biological children, and how the foster care system in Egypt either reinforces or deconstructs existing gender roles. Hence from a sociological perspective, it accounts for foster and alternative care laws in Egypt and the amendments thereof, to examine social relationships against the backdrop of more conventional, biological families, and kinship relations. In simple terms, studying foster and alternative care laws in Egypt is crucial to grasp how non-biological families are shaped in comparison to the more conventional bonds within biological families and traditional kinship relations, while accounting for the Christian …

Criminalizing Domestic Violence In Egypt: Legal Gaps, Risk Consequences, And The Need For Reform, Ahmed Hussein

Theses and Dissertations

This thesis advocates for the implementation of domestic violence legislation in Egypt as a crucial legal and judicial reform necessary to prevent such violence and challenge societal norms that normalize it. It first examines the evolution of domestic violence legislation in line with international human rights standards, highlighting its applications worldwide and the role of states to interfere in an aim to combat such violence. The arguments for and against explicit criminalization are analyzed, emphasizing how legal frameworks can alter social behaviors that normalize violence. Following this, the thesis will focus on Egypt's legal framework addressing domestic violence, showing how …

Exploring The Trust Paradox: Adoption Dynamics Of Family Trusts Among Chinese High-Net-Worth Individuals, Janet Jing Di Zhang

Dissertations and Theses Collection (Open Access)

This research explores the adoption dynamics of family trusts among Chinese High-Net-Worth Individuals (HNWIs), focusing on the key barriers and facilitating factors. Despite the formal recognition of family trusts in China under its Trust Law (2001), the adoption rate remains low. This paradox is addressed through a comparative study between Chinese HNWIs in China and those in Canada, examining the impact of legal, regulatory, and cultural factors on adoption rates. By employing a two-stage quantitative approach, the research develops a Trust Adoption Model that incorporates factors like perceived benefits, professional trust, complexity, and regulatory transparency. The study identifies significant barriers …

An Ethnography Of Love Jihad: The Governance Of Interfaith Marriages In Times Of Hindutva, Snehal Sharma

Theses and Dissertations--Gender and Women's Studies

My doctoral research focuses on the violations of human and citizenship rights of women and religiously marginalized communities (based on religious differences) in the backdrop of right-wing movements in India. I assess the Hindu nationalist propaganda named “love jihad” to demonstrate the way it weaponizes religious exogamy. This propaganda legitimizes violence against Indian religious minorities and women as it claims that marriages between Hindu women and Muslim men are acts of terrorism against Hindus with the sole aim of increasing the Muslim population using Hindu women's bodies. I have used ethnographic research methods to explore the legal process of interfaith …

The Impact Of Divorce Proceedings On Victims Of Domestic Violence, Quinn G. Di Ienno

Honors Undergraduate Theses

Divorce often signifies the end of conflict in relationships that individuals no longer wish to continue. However, the impact of divorce on victims of intimate partner violence (IPV) is a topic that remains underexplored. This research investigates the extent to which individuals navigating divorce proceedings are victims of IPV and aims to illuminate their experiences within the legal system. The study delves into various forms of abuse, including physical, emotional, and financial, while also addressing the challenges victims face in seeking assistance. Employing a mixed-methods research design, this study comprises a comprehensive literature review and an online survey targeting those …

The Effectiveness Of The Hague Convention In Addressing International Child Abduction, Areej A. Dakelallah Althubiti

Theses and Dissertations

Parental child abduction is a growing concern fueled by immigration, cross-cultural marriages, evolving family dynamics, and gaps in the implementation and enforcement of developed international frameworks. This study examines the effectiveness of and challenges to the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA), which was developed to address this problem. Specifically, the goal of this research is to assess the effect the HCCA has had on parental kidnapping, analyze its effectiveness in resolving international custody disputes, and identify the legal and practical obstacles that inhibit implementation. While the prevalence of parental kidnapping continues …

How Does The Modern Supreme Court Treat The Idea Of Retribution In The Context Of Capital Punishment?, Paige Forsberg

Honors Undergraduate Theses

This thesis explores the modern U.S. Supreme Court's treatment of retribution in the context of capital punishment, analyzing how justices have framed and justified the death penalty as a form of justice. Through the examination of key Supreme Court rulings and legal arguments, this study evaluates the evolving role of retribution in the Court’s decisions on death penalty cases, highlighting how judicial reasoning has shifted over time in response to legal, philosophical, and societal developments.

Retribution, long considered one of the primary justifications for capital punishment, is examined through a nuanced lens in this study. While historically viewed as a …

Beyond The Bench: Historical Injustices And Future Pathways For Florida’S Family Court, David J. Blum

Honors Undergraduate Theses

This thesis examines systemic inequities in Florida’s family law system, focusing on how legal doctrines, discretionary practices, and enforcement patterns disadvantage unwed and noncustodial fathers. Drawing on statutory analysis, case law, empirical studies, and psychological research, it evaluates several reforms designed to promote fairness while protecting child welfare. These include mandatory paternity testing at birth, a rebuttable presumption of equal custody, stronger enforcement of visitation orders, equitable tax restructuring, and improved training for legal professionals. Current Voluntary Acknowledgment of Paternity (VAP) procedures often create binding obligations without confirming biological parentage, resulting in long-term emotional, legal, and financial consequences. Research shows …

Whose Information Is Whose? Adult Adoptees And The Silent Struggle To Access Records, Alyssa Traina

Undergraduate Honors Theses

The United States has fifty-one different laws pertaining to adult adoptee access to their original birth certificates and adoption court records, with only fifteen states being unrestricted. These states give adult adoptees access to their documents upon request. Fifteen states are restricted, meaning they require a court order to obtain documents, which involves proving “good cause” to a judge. This requirement of “good cause” has no standard definition. The remaining twenty-one states are compromised, meaning they have complex requirements to obtain documentation. My research uses case studies of the restricted laws of California, the unrestricted laws of Louisiana, and the …

Ethics In Law And The Effects On Mental Health: An Interview Study, Kaitlyn Nyffeler

Theses/Capstones/Creative Projects

On August 2, 1983, The American Bar Association Model Rules of Professional Conduct were adopted by the House of Delegates. This set of rules provides legal professionals with the guidance needed to uphold the rule of law and to preserve justice. In this set of rules, lawyers learn the duties of confidentiality, client relations, diligence, and the overall conduct owed to the courts. Furthermore, these duties can be demanding and oftentimes challenging. Therefore, this study examined the different ethical rules as they apply to lawyers and how these demands can impact their mental health. Interviews were conducted with six lawyers …

Using Education To Confidently Identify And Report Concerns Of Child Abuse And Neglect: A Qualitative Improvement Initiative Through Staff Development, Sarah E. Neilson

Master's Theses and Capstones

BACKGROUND: Pre-licensure education on child abuse and neglect is crucial for nurses in the healthcare field. It helps to equip them with the knowledge and skills necessary to effectively identify, report, and intervene in cases of child abuse and neglect. Having this education available and understanding the signs and effects of child abuse and neglect, empowers nurses to take quick and decisive action in early intervention and prevention. Within the microsystem of a local Operating Room (OR), this quality improvement (QI) project will determine the muchneeded addition to the healthcare curriculum.

METHODS: The Plan, Do, Study, Act (PDSA) framework was …

Child Soldiers & Juveniles In Gangs: Opposite Sides Of The Same Coin With Dissimilar Legal Liabilities In International And American Constitutional Law, Jason Blevins

Master's Theses

No abstract provided.

Crossing Over: A Description Of Dual Status Youth In Taylor County, Texas, Kimberly S. Putnam

Electronic Theses and Dissertations

This study explores and describes the experiences of ten dual status youth in Taylor County, Texas by examining the factors of race, sex, child welfare allegation, and juvenile justice offense. A review of the literature suggests that this population has unique challenges in and outside the courtroom, including being at increased risk for disparate outcomes in later adolescence and adulthood. This study compared single-system child welfare and juvenile justice data from Texas DFPS Region 2 and Taylor County to raw data provided on a sample of ten dual status youth identified in Taylor County from 2017–2021. Findings included a disproportionately …

Impact Of Community-Based Care Model On Child Welfare Professionals: A Study Of Workload, Job Satisfaction, And Turnover Intent, Kerri Taylor

Electronic Theses and Dissertations

Much of the research on child welfare workers is in a traditional service model. However, there is a lack of empirical studies regarding childcare workers in a community-based care model. This study examines whether transitioning to the community-based model has positively impacted workers’ perspectives regarding turnover intention, job satisfaction, and workload manageability. A cross-sectional survey design was used with convenient sampling from a Texas Department of Family Protective Service Region that transitioned to the CBC model. The single source continuum contractor employed a sample of 125 potential respondents in the selected region. A total of 43 permanency workers responded to …

An Analysis Of Juvenile Gun Violence Mitigation In Columbia, South Carolina, Amelia Shook

Senior Theses

Over the past ten years, the United States has been impacted by the increasing frequency of homicides due to gun violence. Juvenile homicides via firearms are examined on a national, state, and county level by the Centers for Disease Control and Prevention (CDC) and analyzed to showcase adjusted age and years of potential life lost due to gun violence. Data obtained through a CDC database depicts the geographic areas being examined: United States, South Carolina, and Richland County. South Carolina will be singled out and examined individually as it ranks eighth highest in the United States for gun violence. Richland …

Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane

Theses and Dissertations

Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …

Law Student’S Educational Experiences And Perceptions Of Legal Abuse, Kylie K. Mckittrick, Julie Olomi

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Legal abuse is a form of abuse when an intimate partner uses the court system to further coerce and control their victim. When survivors attempt to keep themselves and their children safe by leaving their abusive partner by using the criminal-legal system, they may be at risk of further abuse, such as legal abuse. More and more research has shown that legal abuse can have severe consequences for survivors such as losing custody of their children, mental health issues like PTSD and depression, costly court cases over the years, and having to stay in contact with their abuser for the …

The Expected Risks And Exacerbations Of Poverty, Mental Health Disorders, And Maternal Mortality From Abortion Bans: A Comparative Literature Analysis, Daniel J. Francisco

All Master's Theses

Background. Early termination of a pregnancy (hereinafter referred to as an “abortion”) has been debated in the United States (U.S.) for decades, without much regard to the negative outcomes that forced pregnancies have for those assigned female at birth regarding poverty, mental health and maternal mortality. In 1973, access to safe abortions was protected so long that the procedure was done within the legal gestational period and/or was necessary for the health and safety of the patient (Blackmun, 1972). Unfortunately, in 2022, the Supreme Court took that protection away and made it legal for states to determine the reproductive rights …

Together Or Apart? The Effects A Parent's Relationship Dynamic Has On Their Child(Ren)'S Romantic Relationship, Kailee Delos Santos

University Honors Theses

The relationship between parents is considered one of the most influential interactions a child will experience; as it is usually the first relationship a child witnesses where personal values and interests develop (Stanger, 2019). Nonetheless, it is a consistently understudied population in family research and, when studied, children are primarily examined during adolescence and often only in the context of conflict and rivalry. Additionally, much of this research does not examine the effects of a child's romantic relationship on the larger family system. This thesis seeks to address this gap in the literature by understanding how the relationship of a …