Family Law Commons^™

Recent Developments

American Indian Law Review

No abstract provided.

The Uniform Disposition Of Community Property Rights At Death Act, Sarah N. Welling

Law Faculty Scholarly Articles

In 1977, eight of the United States use community property systems instead of the common law systems used in the other 42 states. Because the community property system is totally alien to common law states which do not recognize community interests in property, when domiciliaries of a community property state migrate to a common law state problems develop over the definition of property rights. Two questions usually arise: do the spouses’ rights and interests in the community property change if they move to a common law state? And if not, how are these rights and interests protected? The first question …

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 …

Book Reviews, T. A. Smedley, E. Blythe Stason

Vanderbilt Law Review

Law of Domestic Relations By Homer H. Clark, Jr. St. Paul,Minn.: West Publishing Co., 1968. Pp. XIX, 754. $12.00.

reviewer: T.A. Smedley

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Law and the Social Role of Science Harry W. Jones, Editor New York: Rockefeller University Press, 1967. Pp. 243. $6.00.

reviewer: E. Blythe Stason

Federal Jurisdiction In Domestic Relations Cases - Spindel V. Spindel

Maryland Law Review

No abstract provided.

Unequal Protection: Poverty And Family Law, Henry H. Foster, Doris Jonas Freed

Indiana Law Journal

No abstract provided.

Action By Minor Child For Alienation Of A Parent's Affection

Washington and Lee Law Review

No abstract provided.

Ten Years Of Kentucky Domestic Relations Law, 1955-1965, Frederick W. Whiteside Jr.

Kentucky Law Journal

No abstract provided.

Domestic Relations -- 1962 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

The case of Folk v. Folk' dealt with a long-continued domestic dispute in which the husband sought unsuccessfully to terminate a separate maintenance decree. The litigation had begun in 1954 as a divorce suit by the wife. Although her prayer for divorce had been denied, she had been allowed separate maintenance from her husband because of his mistreatment of her. The chancellor in that action had provided that the separate maintenance payments should continue unless the wife should unreasonably reject a sincere attempt at reconciliation by the husband. The court of appeals had stricken this portion of the decree but …

Domestic Relations -- 1961 Tennessee Survey (Ii), William J. Harbison

Vanderbilt Law Review

The definition of "abandonment" within the meaning of the Tennessee adoption statutes was clarified in the case of Ex parte Wolfenden. The stepmother of the subject child filed a petition for adoption, joined in and consented to by the natural father. A cross-petition was filed by the child's uncle and his wife, seeking to adopt the child and alleging that the natural father had abandoned the child and had delivered her to the home of the uncle for permanent rearing. The circuit judge granted the cross-petition upon the ground that adoption by the uncle was for the best interest of …

Domestic Relations -- 1961 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

In the case of In re Van Huss' Petition' the Tennessee Supreme Court denied an adoption under a literal interpretation of the residence requirements inserted into the adoption statutes in 1959. Under the 1959 statutes, although the petitioners in adoption proceedings were not required to make Tennessee their legal residence, they were required to "have lived, maintained a home and been physically present in Tennessee, or on federal territory within the boundaries of Tennessee for one (1) year next preceding the filing of the petition .... -

In the Van Huss case the petitioning husband met all of the other …

Domestic Relations--1959 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

In the case of In re Matthews, the supreme court once more was called upon to construe the adoption statutes and to determine the relationship between the juvenile court and a court in which adoption proceedings are pending. In this same case, the court had earlier held that jurisdiction of juvenile courts to declare children abandoned is not exclusive and that in adoption proceedings a chancery court may determine whether there has been an abandonment of the child proposed to be adopted. The supreme court had remanded the case to the chancery court. In that court, the Department of Public …

Recent Cases, Law Review Staff

Vanderbilt Law Review

In a hearing before the Commissioner of Investigation of the City of New York, appellant refused to state whether he was then a member of the Communist Party and based his refusal to answer on the fifth amendment to the United States Constitution. He was thereafter discharged as an employee of the New York Transit Authority pursuant to provisions of the New York Security Risk Law' which allows dismissal of employees of security agencies who are found to be of "doubtful trust and reliability." Without seeking administrative remedies, appellant brought a proceeding in the state court for reinstatement contending that …

Domestic Relations -- 1958 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

Three cases during the survey period dealt directly or indirectly with the subject of adoptions.

In two cases which were discussed in the 1957 survey,' petitions for the adoption of two children were denied because of domestic difficulties in the home of the petitioning parents. The children were ordered to be placed in custody of the State Welfare Department. The foster mother, however, did not comply with this order promptly and was adjudged in contempt by the trial court where her petitions had been filed. The supreme court affirmed the contempt decree in a recently reported case.

Domestic Relations -- 1957 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

A large number of significant cases were reported during the survey period dealing with various phases of domestic relations. The 1957 General Assembly enacted several statutes in the field which should also be noted.

A Study Of Domestic Relations, Juvenile And Family Courts In Tennessee, George E. Barrett, Thomas A. Higgins

Vanderbilt Law Review

The rapid growth of industry in Tennessee, with the concomitant increase in urban population, has emphasized the gravity of certain social problems confronting the state. Not the least among these is the present state of the domestic relations and juvenile courts. The seriousness and complexity of this problem was pointed up in the last session of the General Assembly (79th Session) at which time the Senate passed a resolution authorizing the legislative council tounder take a study of the present system and to report their findings and recommendations to the next session of the General Assembly.'Pursuant to this resolution the …

Domestic Relations -- 1956 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

Only one reported opinion dealt with the subject of adoption during the survey period.' In this case the petitioners had contracted with the Department of Public Welfare to keep the subject child on a foster-home-care basis. When the Department sought custody of the child from them, however, they had become very attached to her and refused to surrender custody. Pursuant to the statute then in effect, they filed a petition to the county court to adopt the child. The petition was denied, and on appeal the decision was affirmed. Immediately thereafter, petitioners filed the present suite in chancery, seeking to …

Domestic Relations--Desertion--Necessary Intent To Abandon, H. R. A. Jr.

West Virginia Law Review

No abstract provided.

The Law Of Divorce And The Problem Of Marriage Stability, Max Rheinstein

Vanderbilt Law Review

In the mind of the American public, the topic of divorce has come to play a conspicuous role. The present symposium constitutes a part of an extensive debate which is carried on not only among experts but in which the general public also has shown a lively interest. The matter touches upon the lives of large numbers of people and it excites widespread curiosity and emotional reactions. The common attitude is one of uneasiness. The feeling is widespread that there are too many divorces, that the stability of family life has seriously declined, and that something ought to be done …

Domestic Relations -- 1955 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

A case of some significance concerning rights of inheritance by adopted children was decided by the Supreme Court.' The adoptive parent died in 1950, survived by the adopted child. In 1953, the mother of the adoptive parent died, survived by blood relatives and the grandchild by adoption. The latter claimed a share in the grandparent's estate, claiming by representation through its adoptive parent. The Supreme Court decided the case under the former adoption statutes, which had been repealed in 1951. The former statute provided that "unless restrained by the decree," an adoption conferred upon the person adopted "all of the …

Domestic Relations-Marriage In State As Basis For Jurisdiction Of Ex Parte Divorce Action When Neither Spouse Is Domiciled In State [David- Zieseniss V. Zieseniss, N. Y. 1954].

Washington and Lee Law Review

No abstract provided.

Domestic Relations -- 1954 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

An important case dealing with testamentary restraint upon adoptions was decided by the Tennessee Supreme Court during the survey period.' The case was one of first impression in this jurisdiction and appears to be one of the few decisions upon the subject in the United States. In his will testator created a trust for his granddaughter, the child of his deceased son. He imposed a condition that if the child were adopted before her eighteenth birthday by someone outside testator's immediate family, and if her name were changed, then the trust should terminate and the corpus be distributed to other …

Domestic Relations, William J. Harbison

Vanderbilt Law Review

There have been several important appellate decisions by the Tennessee courts in the field of domestic relations during the past year, and several significant statutes on the subject were enacted by the 1953 General Assembly. These decisions and statutes are discussed briefly herein according to subject matter.

Domestic Relations-Jurisdicrion Of Court Other Than Of Domicile Of Child To Redetermine Custody As Between Divorced Parents. [Oregon]

Washington and Lee Law Review

No abstract provided.

Domestic Relations-Limitations On Application Of Heart Balm Statutes [Grobart V. Grobart, N. J. 195o]

Washington and Lee Law Review

No abstract provided.

Effect Of Heart Baln Acts On Infant's Right To Sue For Enticement Of His Parent

Indiana Law Journal

Recent Cases: Domestic Relations

Domestic Relations-Lability Of Husband, After Annulment Of Marriage, For Personal Injuries Inflicted On Wife During Coverture

Washington and Lee Law Review

No abstract provided.

Domestic Relations-Application Of Estoppel To Prevent Party Obtaining A Foreign Divorce From Subsequently Attacking Its Validity

Washington and Lee Law Review

No abstract provided.

Domestic Relations-Divorced Wife's Right To Enforce Antenuptial Contract Providing For Payment From Husband's Estate

Washington and Lee Law Review

No abstract provided.

Domestic Relations-Constitutionality Of "Heart Balm" Legislation. [Illinois]

Washington and Lee Law Review

No abstract provided.