Family Law Commons^™

Myths And Moms: Images Of Women And Termination Of Parental Rights, Odeana R. Neal

All Faculty Scholarship

For most of us, the word "mother" evokes a myriad of often conflicting images and emotions, expectations and disappointments, and gratitude and blame. What a mother is - our own mothers and the class of people who are mothers - means much more than that a woman has given birth. We expect mothers to provide their children with all the love, caring, nurturing, and emotional fulfillment that we perceive those children need and desire; we expect her to be all things that we want her to be when we need her to be them. A woman who can fulfill the …

Finite Horizons: The American Family, Margaret F. Brinig

Journal Articles

In the summer of 1992, while I was reading and thinking about Martha Minow's latest book, I was struck with my double role as a responsible adult. Vacationing in the north woods of Wisconsin with my mother, I suddenly needed to care for her as well as my own small children. Generational connections, important before, swelled hugely in crisis. As I caught my breath between hospital runs and kids' activities, I was thankful that I had received so much from my parents during my childhood. And I resolved to rethink the relationships between parents and children, adults and elderly.

Policy …

Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham

Law Faculty Scholarly Articles

The Jefferson Family Court's custody mediation service was developed as part of a larger program creating the first family court system in Kentucky. The mediation service's connection with the Family Court has influenced both practical and policy aspects of its development. Any description of the mediation project necessarily entails some description of the court system that created it.

This Article describes the structure of the Jefferson Family Court and the custody mediation process as it has developed in Jefferson County. A review of one community's approach to custody mediation may be useful not only as a blueprint for a system's …

Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff

Faculty Publications

Child care enterprise can be a vehicle for community-based economic development. Beyond the critical goal of child care service, day care as an enterprise can help build capacity for job creation and entrepreneurship in the inner city and in disadvantaged communities. Stable child care institutions with quality jobs can sound a counterpoint to the feminization of poverty. The demand for child care services is substantial and growing. In single parent families and in households with two working parents, day care is essential to enable parents to work or go to school. Further, high quality early childhood programs can have a …

Equal Protection

Touro Law Review

No abstract provided.

Confrontation Clause

Touro Law Review

No abstract provided.

Confrontation Clause

Touro Law Review

No abstract provided.

Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt

Seattle University Law Review

The recognition of the wrongful birth and wrongful life causes of action by the Washington State Supreme Court is supported by both policy rationales and legal theories. Wrongful birth and wrongful life causes of action receive support from traditional tort principles and, more important, further public policy by deterring negligent genetic counseling and negligent preconception medical treatment. This Note describes the legal history of these claims and analyzes several issues not addressed by the Washington court. In addition, this Note criticizes a more recent decision by the court, which limits wrongful conception causes of action, because that decision conflicts with …

Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds

Seattle University Law Review

This Comment reviews the history of tort law treatment of the fetus who is wrongfully injured or killed. The Comment discusses case history and wrongful death statutes, with a focus on Washington law. Finally, the Comment concludes that courts should ignore viability when deciding cases of fetal wrongful death.

Joint Custody, Carolyn S. Bratt

Law Faculty Scholarly Articles

Shared custody has traditionally been looked upon with disfavor by the courts. Similarly, some professionals in the field of child development oppose the concept of shared custody. There are, however, several advantages to shared custody. The legal system benefits, as judges escape the unenviable task of playing Solomon. The child benefits because both parents continue to have a voice in the child’s upbringing, and the child continues to enjoy the love, advice, and companionship of both parents. In addition, because both parents share the responsibility of child raising, neither is faced with the loss of self-esteem which results from being …

Child Custody In A Federal System, Leonard G. Ratner

Michigan Law Review

Among the most difficult of judicial functions is the determination of a child's custody after its parents have separated. The difficulties are acute enough when all the parties remain in the same place; when the parties are in different states, an additional perplexing problem arises as to which state should have authority to make the custody decision. This broad question can be resolved into three distinct though interrelated issues: (1) what state may initially determine custody; (2) what state may later modify that determination; (3) to what extent is such a determination binding on other states.

Torts - Parent - Child Action By Child For Indirect Interference With Family Relationship, William R. Jentes S.Ed.

Michigan Law Review

Five minor children sued for the loss of their mother's support, care and affection which resulted from the defendant's negligent injury of the mother in an auto accident. Defendant moved to dismiss the complaint for failure to state a claim upon which relief could be granted. Held, motion denied. A minor child has a cause of action for damages resulting from an indirect, negligent interference with his rights in the family relationship. Scruggs v. Meredith, (D.C. Hawaii 1955) 134 F. Supp. 86.8.

Advancements: Iii, Harold I. Elbert

Michigan Law Review

Many states have statutes which provide that support, maintenance and education of a child will not be considered an advancement unless the parent intended it as such. The Kentucky statute is typical and it reads in part as follows: " . . . the maintaining or educating or the giving of money, to a child or grandchild without any view to a portion or settlement in life, shall not be deemed an advancement." Most states do not have statutes of that type but by judicial decision reach a result that is in accord with the statutory provision just quoted.

Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein

Michigan Law Review

Plaintiff, a baby sitter, suffered injuries when she was pushed violently to the floor by her four-year-old charge. Plaintiff brought an action against the child alleging battery and negligence, and against the parents alleging negligence in failing to warn plaintiff of the boy's habit of violently attacking people. The lower court sustained demurrers to all three counts. On appeal, held, reversed on the first and third counts. An infant may be charged with battery, and a parent may be negligent in failing to warn of an infant's violent tendencies. Ellis v. D'Angelo, 116 Cal. App. (2d) 310, 253 …

Advancements: Ii, Harold I. Elbert

Michigan Law Review

A voluntary inter vivos transfer by a parent to a child is not an advancement so long as the transferor lives. The purpose of the doctrine is to equalize an intestate' s property among his children. It is auxiliary to the distribution of his estate that the question of advancement is raised. The death of the transferor is not enough to give rise to the doctrine. The person seeking to charge the intestate's heirs with an advancement must prove several additional facts. The legislation of each state determines what must be proved in order to charge the transferee with an …

Negligence-Imputed Negligence-Recovery From Owner Under Statute When No Recovery May Be Had Against Negligent Driver, Marvin O. Young

Michigan Law Review

Plaintiff, 12 years old, was injured as a result of his father's negligent operation of an automobile owned by defendant and operated with defendant's consent. In his complaint, plaintiff joined his father and the owner as defendants. There was no allegation that the father was acting as an agent of the owner nor that the owner himself was negligent A demurrer interposed on behalf of both defendants was sustained by the trial court On appeal, held, affirmed. Plaintiff may not maintain an action against the defendant-owner because the owner could recover over against plaintiff's father, the net effect of which …

Torts-Right Of Unemancipated Minor To Recover Prom Parent For Intentional Tort, William O. Allen S.Ed.

Michigan Law Review

Plaintiff, a child four years of age, was present when her mother was murdered by her father, defendant's intestate. After keeping plaintiff with the corpse for six days, the father drove plaintiff to his home, where he committed suicide in plaintiff's presence. Plaintiff brought an action against the father's estate for shock, mental anguish, and resulting physical injuries, caused by the father's atrocious acts. The trial court sustained defendant's demurrer on the. ground that a minor has no right of action in tort against its parent. On appeal, held, reversed. A minor may maintain an action against its parent …

Child's Right Of Action For Prenatal Injuries

Indiana Law Journal

Recent Cases: Torts