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Family Law Commons™

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2017

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Institution
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Articles 91 - 120 of 268

Full-Text Articles in Family Law

In Re Parental Rights As To M.M.L., 133 Nev. Adv. Op. 21 (May 11, 2017), Hayley Cummings May 2017

In Re Parental Rights As To M.M.L., 133 Nev. Adv. Op. 21 (May 11, 2017), Hayley Cummings

Nevada Supreme Court Summaries

The Court determined that (1) when a parent is deemed incompetent to stand a criminal trial, there is no statutory authority requiring the district court to continue a parallel parental rights termination trial so that the parent can regain competence; and (2) when a litigant fails to object to the State’s method of service in initial pleadings or during trial, the litigant waives all challenges to the service of a parental rights termination by publication.

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Custody Of Frozen Embryos Upon Dissolution Of Marriage In Georgia Research Guide, Lauren Zaki May 2017

Custody Of Frozen Embryos Upon Dissolution Of Marriage In Georgia Research Guide, Lauren Zaki

Law Library Student-Authored Works

No abstract provided.

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Complex Kinship Networks In Fragile Families, Tonya L. Brito May 2017

Complex Kinship Networks In Fragile Families, Tonya L. Brito

Fordham Law Review

This Article examines the complex kinship networks in families that experience multiple-partner fertility. Part I begins with a broad examination of the dramatic changes to the American family that have occurred over the past half century. Part I then highlights the broad diversity of forms present in today’s families, the evolving nature of American families, and how a two-tiered family system has emerged as patterns have diverged along class-based lines. Next, Part II turns to multiple-partner fertility, assessing what we know and do not know about this social phenomenon, including its prevalence, characteristics, and trends. Part III then addresses the …

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Reflections On The Challenge Of Inez Moore: Family Integrity In The Wake Of Mass Incarceration, Ann Cammett May 2017

Reflections On The Challenge Of Inez Moore: Family Integrity In The Wake Of Mass Incarceration, Ann Cammett

Fordham Law Review

The U.S. Supreme Court case Moore v. City of East Cleveland has long been celebrated as affirming constitutional rights related to family integrity. The Moore holding specifically confirmed the Court’s obligation to scrutinize housing ordinances that regulate a traditional family’s household composition. By comparison and extension, one might assume that alternative family formations would trigger similar scrutiny, but the Court has been loath to extend these protections. Apart from the Court’s failure to increase protections beyond traditional extended families, an interesting phenomenon has gone largely unexplored in this jurisprudential framework. In the wake of late twentieth-century mass incarceration, lawmakers and …

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John Moore Jr.: Moore V. City Of East Cleveland And Children’S Constitutional Arguments, Nancy E. Dowd May 2017

John Moore Jr.: Moore V. City Of East Cleveland And Children’S Constitutional Arguments, Nancy E. Dowd

Fordham Law Review

This Article is divided into three parts. First, I retell the story of Moore from John Jr.’s perspective and frame his potential claims. Second, I explore constitutional arguments under existing doctrine, using contemporary equal protection and substantive due process analyses. Finally, I suggest how a children’s rights perspective might be even more persuasive as a strategy for John Jr. as well as for achieving opportunity and equality on behalf of contemporary children living amid and affected by structural inequalities that impact their developmental capacity.

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Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig May 2017

Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig

Fordham Law Review

Part I of this Article briefly recounts the plurality decision in Moore before analyzing Justice Brennan’s concurring opinion and detailing how the concurrence affirms, rather than deconstructs, the notion of African American deviance in families. Next, Part II specifies the ways in which Justice Brennan could have truly uplifted African American families and other families of color by identifying and explicating the strengths of extended or multigenerational family forms among people of color and by showing how such family forms can be a model, or even the model (if one must be chosen), for all families. Then, Part III concludes …

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Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore May 2017

Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore

Faculty Scholarship

Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp fatherhood. Being married to the mother at the time of conception or at the time of birth is one of those affirmative steps. But if he is not married to the mother, he must do far more before he will be legally recognized as a father. Biology is often presented as a sufficient reason for this dichotomy--it is easy …

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Introduction: Moore V. City Of East Cleveland: How One Grandmother Helped A Nation Redefine Family, Anne Williams-Isom May 2017

Introduction: Moore V. City Of East Cleveland: How One Grandmother Helped A Nation Redefine Family, Anne Williams-Isom

Fordham Law Review

When reviewing the Moore v. City of East Cleveland decision, it is impossible not to see one of the grandmothers that Harlem Children’s Zone (HCZ) routinely encounters in Inez Moore. While educating children is the primary focus of HCZ, working with the adults who bring those children through the doors is important to HCZ’s success. Miss Inez, as she would have been referred to by HCZ, illustrates the important role played by extended families in communities of color.

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Moore’S Potential, June Carbone, Naomi Cahn May 2017

Moore’S Potential, June Carbone, Naomi Cahn

Fordham Law Review

Part I of this Article briefly explores the culture wars that have consumed American politics since Moore. Part II discusses Moore’s uneasy position within the conception of family as a matter of choice versus tradition. Then, to the extent that the Moore Court addressed the changing family, Part III shows how it did so by treating the extended family as a manifestation of traditional family values, not the newly emerging substantive family values that valorize delay in childbearing and financial independence. Finally, Part IV considers Moore's missed opportunities to examine the relationship between family form, race, and …

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Other Mothers, Kevin Maillard May 2017

Other Mothers, Kevin Maillard

Fordham Law Review

There is a robust body of scholarship and jurisprudence addressing psychological parents, assisted reproductive technology, surrogacy, and same-sex parents, which reinforces the primacy of heterosexual marriage and procreation. This tradition suggests a vulnerability of parental status involving the other parent. Now that legal parenthood can be approached in a number of ways, it is time to take a critical look at the preeminence of motherhood and gestation in the determination of parental status and fitness.

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Sharing A House But Not A Household: Extended Families And Exclusionary Zoning Forty Years After Moore, Solangel Maldonado May 2017

Sharing A House But Not A Household: Extended Families And Exclusionary Zoning Forty Years After Moore, Solangel Maldonado

Fordham Law Review

This Article proceeds in three parts. Part I briefly recounts the evolution of zoning laws and their effect on racial minorities. Next, Part II demonstrates how single-family zoning laws disproportionately exclude racial minorities from the most desirable blocks. Part II also examines how these laws economically and socially disadvantage minorities and hinder efforts to integrate neighborhoods and schools. Then, Part III uses Moore to explore potential solutions and concludes that, at minimum, zoning laws cannot exclude two-family homes that are occupied by extended family members. It also shows how Moore may support a more inclusionary approach to zoning.

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The Empirics Of Child Custody, Margaret Ryznar May 2017

The Empirics Of Child Custody, Margaret Ryznar

Cleveland State Law Review

Child custody issues are as American as apple pie, with only a quarter of children seeing their parents married until the end. The legal standard for custody is the best interests of the child, but the greyness of this inquiry allows courts to make difficult judgments. In family law, such discretionary standards govern factually diverse cases and make it difficult to draw conclusions from individual cases. This Article offers an objective measurement in family law by empirically examining a sample of Indiana divorce cases filed during three months in 2008 that involved children. The resulting analysis of child custody and …

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Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig May 2017

Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig

Faculty Scholarship

Part I of this Article briefly recounts the plurality decision in Moore before analyzing Justice Brennan’s concurring opinion and detailing how the concurrence affirms, rather than deconstructs, the notion of African American deviance in families. Next, Part II specifies the ways in which Justice Brennan could have truly uplifted African American families and other families of color by identifying and explicating the strengths of extended or multigenerational family forms among people of color and by showing how such family forms can be a model, or even the model (if one must be chosen), for all families. Then, Part III concludes …

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Exploring The Boundaries Of Obergefell, Andrew J. Pecoraro May 2017

Exploring The Boundaries Of Obergefell, Andrew J. Pecoraro

William & Mary Law Review

No abstract provided.

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Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa, Holning Lau May 2017

Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa, Holning Lau

Fordham Law Review

This Article proceeds in two parts. Part I examines the United States’s and South Africa’s competing approaches to same-sex marriage. Both countries’ highest courts ruled that excluding same-sex couples from marriage is unconstitutional, but they took divergent paths to reach that conclusion. This Article contends that the Constitutional Court of South Africa paved a better road for other countries to follow because it developed a superior conceptualization of the right to marry. Part II looks beyond same-sex marriage to explore new frontiers for reforming laws to address family diversity both in the United States and in South Africa. Specifically, Part …

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Have Prenup, Will Travel: Why England’S Law On Marital Agreements Has Attracted Forum Shoppers And How The Courts Can Fight Back, Karina Vanhouten May 2017

Have Prenup, Will Travel: Why England’S Law On Marital Agreements Has Attracted Forum Shoppers And How The Courts Can Fight Back, Karina Vanhouten

Brooklyn Journal of International Law

This Note examines the English judiciary’s reluctance to fully accept marital agreements, and the disruptive effect this has in the global legal arena. In our increasingly international world, the fundamental events of family life—marriage, divorce, and death—often no longer occur in the same jurisdiction. In recent years, prospective divorcées from around the globe have flocked to England to take advantage of the country’s matrimonial law, which generally favors the party seeking to invalidate or minimize a marital agreement. This forum-shopping phenomenon is problematic because English courts regularly disregard foreign marital agreements that would be valid and binding in other jurisdictions, …

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The New Phoenix: Maine's Innovative Standards For Guardians Ad Litem, Dana E. Prescott Apr 2017

The New Phoenix: Maine's Innovative Standards For Guardians Ad Litem, Dana E. Prescott

Maine Law Review

In a 2014 article in the Maine Law Review, the author reviewed the historical and legal foundations for guardian ad litem (GAL) appointments by judges on behalf of children in Maine. GALs are appointed to provide the court with investigative facts and recommendations concerning the best interest of a child. The implications and frustrations expressed during political and policy discussions reflect a broader national debate deeply rooted in the power of family law courts when child custody or abuse and neglect are alleged. Whether in the form of child protection or child custody litigation, the sheer volume and complexity of …

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Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright Apr 2017

Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright

Lincoln Memorial University Law Review Archive

This Note addresses Tennessee's no-fault divorce statute. Currently, married couples are forced to either agree on all issues or prove at least one fault ground. This author contends that the current law imposes an unnecessary burden on litigants, which wastes precious resources that Tennessee families could use for more productive purposes. Moreover, pure no-fault states have not seen a disproportionate rise in divorce rates. Last, pure no-fault divorce better reflects current societal trends and the evolving effect of religious affiliation on how a younger generation defines morality.

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Zoning For The Elderly And Family Rights, Ralph J. Libsohn Apr 2017

Zoning For The Elderly And Family Rights, Ralph J. Libsohn

The Catholic Lawyer

No abstract provided.

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Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman Apr 2017

Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman

Concordia Law Review

The purpose of this Essay is to explore the idea that the student loan indebtedness bearing down upon the majority of today’s college graduates creates economic insecurity that forces borrowers to reject or significantly delay marriage, and that burden, taken together with an already lukewarm Millennial attitude, may not bode well for the future of the institution. Record numbers of Millennials have rejected the traditional path of marriage-homeownership-children, and the percentage of Millennials who will marry by age 40 is projected to fall lower than the figure for any previous generation of Americans. To the extent that marriage is an …

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A Longitudinal And Experimental Study Of The Impact Of Knowledge On The Bases Of Institutional Trust, Lisa M. Pytlikzillig, Christopher D. Kimbrough, Ellie Shockley, Tess M.S. Neal, Mitchel Herian, Joseph A. Hamm, Brian H. Bornstein, Alan Tomkins Apr 2017

A Longitudinal And Experimental Study Of The Impact Of Knowledge On The Bases Of Institutional Trust, Lisa M. Pytlikzillig, Christopher D. Kimbrough, Ellie Shockley, Tess M.S. Neal, Mitchel Herian, Joseph A. Hamm, Brian H. Bornstein, Alan Tomkins

Lisa PytlikZillig Publications

This study examined a knowledge-centered theory of institutional trust development. In the context of trust in water regulatory institutions, the moderating impact of knowledge was tested to determine if there were longitudinal changes in the bases of institutional trust as a function of increases in knowledge about a target institution. We hypothesized that as people learn about an institution with which they were previously unfamiliar, they begin to form more nuanced perceptions, distinguishing the new institution from other institutions and relying less upon their generalized trust to estimate their trust in that institution. Prior to having specific, differential information about …

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Domestic Violence And Enforcement Of Protection From Abuse Orders: Simple Fixes To Help Prevent Intra-Family Homicide, Nicole R. Bissonnette Apr 2017

Domestic Violence And Enforcement Of Protection From Abuse Orders: Simple Fixes To Help Prevent Intra-Family Homicide, Nicole R. Bissonnette

Maine Law Review

Domestic violence has long been recognized as a pressing law enforcement and societal concern, and both federal and state governments have continued to pursue strategies to address the issue. Beyond the criminal threatening, assaults, batteries, and other physical atrocities that victims face, domestic violence provides an added horror—“obliterating personhood, suspending identity and nullifying any notion of personal autonomy.” To address these concerns, legislatures created Protection from Abuse Orders (hereinafter PFAs), to protect those that have been subject to abuse from trusted family members or dating partners. Unfortunately, victims then place their trust in the system, which often fails to deter …

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Petit V. Adrianzen, 133 Nev. Adv. Op. 15 (Apr. 13, 2017), Skyler Sullivan Apr 2017

Petit V. Adrianzen, 133 Nev. Adv. Op. 15 (Apr. 13, 2017), Skyler Sullivan

Nevada Supreme Court Summaries

The Court considers, as a matter of first impression, the standard of proof to be applied by district courts in resolving initial naming disputes of a child of married parents. The focus should be on the best interest of the child and neither parent should have the burden of proof. The Court held the district court determined the child’s name should be hyphenated to include both parent’s surnames and, in doing so, considered the best interests of the child and, thus, the order is affirmed.

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Recognizing Gestational Surrogacy Contracts: "Baby-Steps" Toward Modern Parentage Law In Maine After Nolan V. Labree, Adam Quinlan Apr 2017

Recognizing Gestational Surrogacy Contracts: "Baby-Steps" Toward Modern Parentage Law In Maine After Nolan V. Labree, Adam Quinlan

Maine Law Review

In Nolan v. LaBree, a husband and wife filed a complaint seeking a judgment declaring their legal parentage of a newborn child born via gestational surrogacy. All parties surrounding the birth of this child entered into a surrogacy contract and are in agreement that the genetic mother and father bringing this suit should be declared as the legal parents. When the child was born, however, the birth certificate did not reflect the intentions of the contract, listing the parents as the surrogate mother and the surrogate mother’s spouse. The trial court, following an uncontested hearing, declared the requested paternity determination …

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"In Sickness And In Health, Until Death Do Us Part": An Examination Of Fmla Rights For Same-Sex Spouses And A Case Note On Obergefell V. Hodges, Jasmine Foo Apr 2017

"In Sickness And In Health, Until Death Do Us Part": An Examination Of Fmla Rights For Same-Sex Spouses And A Case Note On Obergefell V. Hodges, Jasmine Foo

Journal of the National Association of Administrative Law Judiciary

This note discusses the history of the lesbian, gay, bisexual, and transgender (LGBT) struggle for equal rights alongside the Supreme Court's recent ruling in Obergefell v. Hodges and uses this to examine the potential effect on the rights granted to same-sex spouses by the Family Medical Leave Act (FMLA). Part II records the jurisprudence that has slowly evolved over the past forty to fifty years to make the present a more hospitable era for same-sex marriage to take root today. Part III gives a general overview of the FMLA's history and current form. Part IV reviews the facts prompting the …

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Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. Mcclain Apr 2017

Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. Mcclain

Faculty Scholarship

Decades ago, feminist leader Gloria Steinem quipped that, “if men could get pregnant, abortion would be a sacrament.” As President Trump reinstates restrictions on women’s reproductive rights that the Obama Administration lifted (such as the “global gag rule”), the visual imagery of Trump signing executive orders while surrounded by an audience of white men raises – once again – the question of how gender shapes the abortion issue. In the recent unsuccessful Republican effort to repeal “Obamacare,” when Kansas Senator Pat Roberts was asked whether he supported removing the mandate that insurance companies cover “essential health benefits” such as maternity …

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Sealed Records In Adoptions: The Need For Legislative Reform, Patricia Gallagher Lupack Apr 2017

Sealed Records In Adoptions: The Need For Legislative Reform, Patricia Gallagher Lupack

The Catholic Lawyer

No abstract provided.

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Marriage Contracts For The Mentally Retarded, John B. Murray Apr 2017

Marriage Contracts For The Mentally Retarded, John B. Murray

The Catholic Lawyer

No abstract provided.

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Commitment To And In Marriage, Leon Salzman Apr 2017

Commitment To And In Marriage, Leon Salzman

The Catholic Lawyer

No abstract provided.

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Homosexuality And Validity Of Matrimony - A Study In Homo-Psychosexual Inversion, John Rogg Schmidt Apr 2017

Homosexuality And Validity Of Matrimony - A Study In Homo-Psychosexual Inversion, John Rogg Schmidt

The Catholic Lawyer

No abstract provided.

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