Family Law Commons^™

The Integrity Of Marriage, Kaiponanea T. Matsumura

William & Mary Law Review

While the Supreme Court’s decision in Obergefell v. Hodges resolved a dispute about access to legal marriage, it also exposed a rift between the Justices about what rights, obligations, and social meanings marriage should entail. The majority opinion described marriage as a “unified whole” comprised of “essential attributes,” both legal and extralegal. The dissents, in contrast, were more skeptical about marriage’s inherent legal content. Justice Scalia, for instance, characterized marriage as a mere bundle of “civil consequences” attached to “whatever sexual attachments and living arrangements [the law] wishes.” This side debate has taken center stage in several recent disputes. In …

The Legal Design For Parenting Concussion Risk, Katharine B. Silbaugh

Faculty Scholarship

This Article addresses a question as yet unexplored in the emerging concussion risk literature: how does the statutorily assigned parental role in concussion risk management conceptualize the legal significance of the parent, and does it align with other areas of law that authorize and limit parental risk decision-making? Parents are the centerpiece of the “Lystedt” youth concussion legislation in all fifty states, and yet the extensive legal literature about that legislation contains no discussion of parents as legal actors and makes no effort to situate their statutory role into the larger legal framework of parental authority. This Article considers the …

"In The Little World": Breaking Virginia's Foster-Care-To-Prison Pipeline Using Restorative Justice, Joanna R. Steele

University of Richmond Law Review

This Comment proposes that integrating restorative justice conferencing into Virginia’s foster care system can help break its foster-care-to-prison pipeline. Part I details Virginia’s foster care system and the foster-care-to-prison pipeline. Part II reviews and explains how restorative conferencing in Glenmona, Northern Ireland’s equivalent foster care system correlates strongly with decreased incarceration of foster children. Part III outlines how Virginia can implement the same restorative conferencing in its foster care system and pioneer a program that could affect its foster-care-to-prison pipeline.

Expanding Third-Party Standing In Custody Actions: How The Opioid Crisis Has Impacted Lgbtq Parental Rights In Pennsylvania, Jill C. Gorman

Dickinson Law Review (2017-Present)

Declared a public health emergency by the federal government, the opioid crisis often places children in foster care when parents fatally succumb to their addictions. To unburden the foster care system and to accommodate family members who want to care for these children, Pennsylvania enacted Act No. 21 on July 3, 2018, to expand custody standing to include certain third parties. However, because the legislature has not expanded the legal definition of “parent,” Act No. 21 poses a threat to the legal rights of nonbiological LGBTQ parents.

This Comment begins by explaining how the opioid crisis motivated the Pennsylvania legislature …

Pregnant People?, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that the law should stop treating the types of work either parent can do — such as purchasing a car seat, finding a pediatrician, or choosing a daycare — as exclusively the domain of the pregnant woman. The project’s primary aim is to undermine legal rules that assume a gendered division of labor in which men are breadwinners and women are caretakers. But Fontana and Schoenbaum argue their …

More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the reasons why Singaporean couples have consistently preferred to have few children since the 1970s. He opined that there is a need to have a discussion of how the prevailing traits and narrative of Singapore might have created a climate where young couples choose to have fewer children, and to have a more uplifting Singapore story as well as promote gender equality to boost baby confidence.

Pelaksanaan Corporate Social Responsibility Dan Zakat Perusahaan Perbankan Syari’Ah Di Madura, Erie Hariyanto, Mohammad Ali Al Humaidy

Jurnal Hukum & Pembangunan

Corporate Social Responsibility and corporate zakat programs are two instruments for distributing with social responsibility funds that both have a legal basis, namely Law No.40 of 2007 concerning with Limited Liability Companies and company zakat, Law No.23 of 2011 concerning Zakat Management. In general, zakat and CSR contain the same vision and mission, namely concern for the overall social condition. Particularly, the life of the community is related to the welfare, security and peace of the people. The present study uses qualitative methods. The results of the research are Firstly, Bank BPRS Bhakti Sumekar Sumenep has form of Sharia Business …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Family Law's Coldest War: The Battle For Frozen Embryos And The Need For A Statutory White Flag, Mary Joy Dingler

Seattle University Law Review

Without concrete legislative guidance, courts are left to a variety of unsatisfactory methods of determining the disposition of frozen embryos in dissolutions and custody disputes. Beginning in 1992, courts have been issuing problematic rulings that are reached through the application of three approaches: (1) the balancing-interests test; (2) the contemporaneous mutual consent approach; and (3) the contractual approach. These approaches are examined in this Comment through the lens of selected cases and the largely inequitable outcomes for parties are critiqued. Courts even lament the lack of statutory guidance in deciding these disputes but are resigned to employing these largely flawed, …

Protecting The Expecting: A Proposal To Include Pregnancy As An Aggravating Circumstance, Nicole Atlak

Journal of Civil Rights and Economic Development

(Excerpt)

This Note brings attention to the New York Legislature’s failure to consider the unique vulnerability and harms of pregnant victims of domestic violence and proposes a statutory amendment. This Note proposes that Section 827(a)(vii) of New York’s Family Court Act be amended to include an additional aggravating circumstance with language to the effect of “any physical injury or psychological, emotional or sexual abuse to a pregnant woman.” This addition is necessary to ensure the list of aggravating circumstances is thorough, and more complete in encompassing all serious and heinous domestic abuse.

Part II of this Note will offer a …

Spousal Support And Domestic Violence: What Happens When The Dependent Spouse Is The Abuser?, Maria Stamatelatos

Journal of Civil Rights and Economic Development

(Excerpt)

Therefore, this Note proposes that New York and other states enact legislation similar to that of the California Family Code, which enacted statutes that prevent someone from obtaining spousal support if they attempted to murder their spouse, committed a violent sexual felony against their spouse, or were convicted of a domestic violence offense against their spouse. The reformed legislation would prohibit judges from awarding spousal support to individuals convicted of attempting to murder their spouse, and would require courts to look carefully at the facts surrounding each case where a spouse has been indicted or convicted of a violent …

Response To: How Should We Respond To Pregnancy And Substance Use?, Frank E. E. Vandervort, Vincent J. Palusci

Articles

We begin our reply by asking the reader to consider this typical case taken from Professor Vandervort’s current practice. It is one of several similar cases currently being handled by the clinic he works in and similar to many dozens—perhaps hundreds—of cases handled over the past 30 years.

To Protect And Provide For Children, Prenatal Substance Use Must Be Considered Abuse., Frank E. E. Vandervort, Vincent J. Palusci

Articles

The use of drugs and alcohol during pregnancy is harmful to the developing child. When children are born having been exposed to these substances, children’s protective services should uniformly substantiate child maltreatment in order to ensure that the child’s parent(s) and the child receive the treatment and services necessary to address the child’s immediate safety, protect the government’s compelling interest in the child’s welfare, and ensure the best long-term outcome for the child.

The Indian Child Welfare Act: A Brief Overview To Contextualize Current Controversies., Frank E. E. Vandervort

Articles

Congress passed and the president signed the Indian Child Welfare Act (ICWA) into federal law in 1978. Because the Constitution grants to Congress the authority to make law regarding Indian tribes, ICWA’s provisions are mandatory, unlike other federal child welfare legislation such as the Child Abuse Prevention and Treatment Act, which are voluntary. State authorities handling any case involving an “Indian child” must comply with ICWA.

Parental Gender Designations On Children’S Birth Certificates: The Need For A Modifiable Form, Megan Brodie Maier

DePaul Journal of Women, Gender and the Law

No abstract provided.

Yesennia Esmeralda Amaya V Milton Orlando Guerrero Rivera, 135 Nev. Adv. Op. 27 (July 3, 2019), Salma Granich

Nevada Supreme Court Summaries

The Court determined that under NRS 3.2203 (1) an order determining physical custody of a child satisfied the dependency or custody prong for Special Immigrant Juvenile predicate findings; and (2) in order to determine predicate findings, the reunification prong is satisfied where the juvenile cannot reunify with at least one parent.

We All Need Somebody To Lean On: Using The Law To Nurture Our Children, Beginning With Third-Party Visitation, John A. Pappalardo, Cassidy Allison, Samantha A. Mumola

Pace Law Review

Perhaps one of the single most important aspects of a healthy childhood is emotional support from healthy caregivers. As it stands, New York’s visitation law prohibits third-party caregivers from stepping in and providing children with this important psychological and emotional need by automatically denying them standing to seek visitation in court. In New York, third-party standing for visitation is denied solely on a procedural basis, irrespective of the child’s personal familial situation, namely whether their parents are completely

unavailable. Specifically, when a child’s parents become unavailable due to death, incarceration or otherwise, and such child becomes a ward of the …

Tax Talk And Reproductive Technology, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

The tax system both reacts to and helps create attitudes about the value of certain behaviors and choices. This Article makes three principal claims—one empirical, one normative, and one interpretative. The Article demonstrates through data that a representative sample of fertility clinics in the United States does not make information about the tax consequences of compensated human egg transfers—commonly called egg “donation”—publicly available. In 2015, in a case of first impression, the United States Tax Court decided in Perez v. Commissioner that a compensated egg transferor must report as income any amount she receives for her eggs. Although the Tax …

Child Protection Mediation Model Mediator Competencies, Kelly Browe Olson Co-Editor

Law Faculty Scholarship

The inspiration to develop “Child Protection Mediation Model Mediator Competencies” arose from the work completed on “The Guidelines for Child Protection Mediation,” referred to in this document as, “The Guidelines.” “The Guidelines” were developed by a diverse group of experts in the field of child protection mediation (CPM) who are members of the Child Welfare Collaborative Decision-Making Network (CWCDMN) convened under the auspices of the Association of Family and Conciliation Courts (AFCC). “The Guidelines” have been adopted by the AFCC and endorsed by the National Council of Juvenile and Family Court Judges and the Association for Conflict Resolution.

These “Child …

Beyond A Reasonable Doubt: A Discourse Analysis Of Forensic And Psychological Truth In Child Narratives, Elizabeth Samson

Electronic Theses and Dissertations

This dissertation draws on a hermeneutically-informed modification of Potter and Wetherell’s (1987) discourse analysis methodology to explore how child memory and experience are conceptualized in two widely-used forensic psychology training manuals. Current research about child testimony tends to focus on how well children can factually recount their experiences, or on optimizing interviewer performance so as to obtain accurate accounts and minimize the risk of distorting children’s memories. Results of this discourse analysis include: 1) frequent advisement of evaluator caution, objectivity, and thoroughness, since evaluators are understood as responsible for preserving the accuracy of children’s memories during the evaluation process; and …

Case Closure Among The Lancaster County’S Family Treatment Drug Court: The Role Of Personal Relationships, Chelsey Wisehart, Katherine Hazen, Matthew W. Carlson

Center on Children, Families, and the Law: Faculty Publications

• Parent substance use is the second-leading cause for childrens’ removal from the home in Nebraska (Voices for Children, 2018) with 10-30% being removed again later on (Wulczyn et al., 2007).

• The theory of Therapeutic Jurisprudence suggests using a treatment-oriented approach to reduce recidivism and mitigate the negative psychological effects that the legal system may have on offenders (Fessinger et al., 2018).

• The Judge acts as a team leader for caseworkers and attorneys who use a collaborative approach in the Family Treatment Drug Court (FTDC).

• Team meetings between parents and court professionals include discussion about parents’ progress …

Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay

Articles

Children with disabilities are maltreated at a higher rate than other children and overrepresented in child protection matters, yet most social service caseworkers, judges, child advocates, and other professionals involved in these cases receive little to no training about evaluating and addressing their needs. Child protection case outcomes for children with disabilities tend to differ from those of nondisabled children, with more disabled children experiencing a termination of their parents' rights and fewer being reunified with their parents or placed with kin. They also tend to experience longer waits for adoption. Furthermore, the poor outcomes that plague youth who age …

Ag Barr Ruling Puts Asylum Seekers At Deadly Risk, Natalie Nanasi

Faculty Journal Articles and Book Chapters

No abstract provided.

Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas

Georgia Journal of International & Comparative Law

No abstract provided.

Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden

Georgia Journal of International & Comparative Law

No abstract provided.

A Constellation Of Benefits And A Universe Of Equal Protection: The Extension Of The Right To Marry Under Pavan V. Smith, Brad Aldridge

Arkansas Law Review

In 2015, the Supreme Court of the United States in Obergefell v. Hodges recognized the constitutional right of all persons, including same-sex couples, to lawfully marry. In 2017, in Pavan v. Smith, the Court recognized that Obergefell extends that right to much more than the act of marriage in itself. Any person who would have been denied the right to marry the person of her choice before Obergefell now enjoys not only the rights of marriage licensing and recognition, but also the full “constellation” of rights and responsibilities that attend marriage among traditional opposite-sex couples. The Court believed that this …

Collaborative Family-Making: From Acquisition To Interconnection, Pamela Laufer-Ukeles

Villanova Law Review (1956 - )

No abstract provided.

A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell

Articles

Removing children from their parents is child welfare's most drastic intervention. Research clearly establishes the profound and irreparable damage family separation can inflict on children and their parents. To ensure that this intervention is only used when necessary, a complex web of state and federal constitutional principles, statutes, administrative regulations, judicial decisions, and agency policies govern the removal decision. Central to these authorities is the presumption that a healthy and robust child welfare system keeps families together, protects children from harm, and centers on the needs of children and their parents. Yet, research and practice-supported by administrative data-paint a different …

Diaspora’S Role In Nepal’S Development: Summary Of The Forum Held At The Nepali National Convention. Baltimore, Md, Usa. July 5-7, 2019, Ambika P. Adhikari, Diwakar Dahal, Rajendra Khatiwada

Himalayan Research Papers Archive

Four major Nepalese community organizations, ANA, ANMA, BANA, and INLS jointly hosted the “Nepali National Convention 2019” in Baltimore, Maryland, USA during July 5 to 7, 2019. Eight other community-based organizations including Blood Donors of America, Society of American Nepalese Nurses, Nepalese Association of Florida, Nepal Pasa Pucha Amerikaye, America Nepal Women’s Association of Greater Washington, Nepal Education and Culture Center, America Nepal Society, and Association of Nepali Teraian in America were involved as co-hosts of the convention. Several other local organizations participated in support of the convention.

The Forum “Diaspora’s Role in Nepal’s Development” was held from 1:30-3:00 pm …

Commercial Surrogacy Is The Sale Of Children? An Argument That Commercial Surrogacy Does Not Violate International Treaties, Lily Johnson

Washington International Law Journal

Rates of commercial surrogacy have risen with the proliferation of in vitro fertilization. The process is unique in allowing intending parents the opportunity to raise a child of their own genetic material even if they cannot procreate through their own bodies. However, commercial surrogacy has been abused and caused physical and legal problems for all parties involved. In an attempt to remedy the problems associated commercial surrogacy, some scholars and humanitarians claim commercial surrogacy is already illegal under an international treaty that bans the sale of children. These legal scholars and human rights advocates argue that commercial surrogacy is the …