Family Law Commons^™

An Empirically-Supported Rational Basis For Prohibiting Adoption, Foster Parenting, And Contested Child Custody By Any Person Residing In A Household That Includes A Homosexually-Behaving Member, George A. Rekers

St. Thomas Law Review

Representative empirical evidence and common sense reasoning are reviewed below which necessitate the logical conclusion that households with one or more homosexually-behaving adults or adolescents should be prohibited from adoption and from foster parenting, and were found to be less capable of providing the best family structure in cases of contested child custody. Hundreds of additional scientific studies also support these three reasons for this rational basis, but space limitations necessitate the presentation of only a number of representative sources of supporting evidence here.

Trends On (Inter-Country) Adoption By Gay And Lesbian Couples In Western Europe, Paul Vlaardingerbroek

St. Thomas Law Review

In this article I will analyze Western European developments in the field of (inter-country) adoption by homosexuals. Some countries have accepted the legal possibility of adoption by homosexual individuals and/or couples, although this does not mean that in all cases children can be adopted by lesbian and gay persons. There are several restrictions on intercountry adoption. The jurisprudence of the European Court on Human Rights with regard to adoption by homosexuals is still rather restrictive. In this article, I will analyze the following questions: whether it is a human right to adopt or to be adopted; and, if adoption should …

The Inner Lives Of Children In Lesbigay Adoption: Narratives And Other Concerns, Lynn D. Wardle

St. Thomas Law Review

This article attempts to review some of the serious, non-stereotyped concerns that underlie some of the objections of thoughtful legal commentators to adoption of children by gay and lesbian couples or partners. These objections fall into four categories of significant concern: (1) the best interests of children, (2) the integrity of the legal institution of adoption, (3) inappropriate judicial behavior, including manifestation of bias and animus, and the exercise of (legislative) policy-making prerogatives, and (4) the failure to explore, much less carefully consider, alternative solutions (and the hasty abandonment of processes of careful, incremental change to embrace a radical, but …

Family Norms In Adoption Law: Safeguarding The Best Interests Of The Adopted Child, Camille S. Williams

St. Thomas Law Review

Because a number of negative circumstances or outcomes correlate with non-conjugal couple household structures and alternative sexualities, 6 lowering the high standard for adoptive parents that has been the hallmark of best adoption practices in the U.S. may not be the best option for addressing the needs of children whose biological parents cannot care for them.

Adult Sexual Desire And The Best Interest Of The Child, Richard G. Wilkins, Trent Christensen, Eric Selden

St. Thomas Law Review

In Lofton v. Secretary of the Department of Children and Family Services, the United States Court of Appeals for the 11th Circuit sustained Florida's legislative decision to restrict adoption to heterosexual married couples or unmarried individuals not engaged in homosexual conduct. The court rejected claims by prospective homosexual parents that Florida had impermissibly intruded upon their familial privacy rights, unconstitutionally burdened their right to private sexual intimacy, and - by treating homosexual applicants for adoption differently than heterosexual applicants - transgressed the commands of the Equal Protection Clause. The court properly rejected these contentions. All of the plaintiffs' claims ultimately …

Cautionary Tales Of Adoption: Addressing The Litigation Crisis At The Moment Of Adoption, Elizabeth Brandt

Articles

No abstract provided.

Domestic Violence And Mediation: Responding To The Challenges Of Crafting Effective Screens, Jane C. Murphy, Robert Rubinson

All Faculty Scholarship

Over the last two decades, mediation of family law cases has become well-established in American courts. As mediation has grown, experts have recognized that power imbalances between couples may interfere with mediation. This imbalance is particularly evident where one partner has been abusive to the other. Widespread consensus has developed that decisions about whether mediation is appropriate are particularly crucial and delicate when domestic violence is present. Despite this consensus, there is evidence that courts are still ordering couples who have experienced domestic violence to mediate their family law disputes with little or not particularized examination of the couples' circumstances. …

Legal Images Of Fatherhood: Welfare Reform, Child Support Enforcement, And Fatherless Children, Jane C. Murphy

All Faculty Scholarship

This Article analyzes the issue of paternity disestablishment, an issue courts and legislatures have been struggling with over the last several years. For a variety of reasons explored in this Article, an increasing number of fathers have filed requests to set aside paternity orders seeking to be relieved of the legal obligations of fatherhood. As a result families have been destabilized and children are becoming fatherless. The implications for the future of the family are profound. Although some scholars have examined this phenomenon, none have addressed the link between paternity disestablishment and welfare reform.

This Article explores the law's evolving …

An Analysis Of Unified Family Courts In Maryland And California: Their Relevance For Ontario's Family Justice System, Barbara A. Babb

All Faculty Scholarship

The Ministry of the Attorney General of Ontario has contracted with the University of Baltimore School of Law's Center for Families, Children and the Courts to prepare this research paper. The purpose of the paper is to provide an overview of unified family courts and court-connected family services in two jurisdictions, Maryland and California, as agreed to by officials of the Ministry. The overview provides information about the structure of each jurisdiction's unified family court, family services connected to the court, the role of judicial and quasi-judicial officers, the assignment and specialization of the judiciary, rules or processes to deal …

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

Kentucky Law Journal

No abstract provided.

Policy Brief - Infant Care In Nebraska: Characteristics Of Providers, Quality Of Care, And Parent Perceptions, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn P. Edwards, Julia C. Torquati, Susan Hegland, Carla Peterson, Jean Ann Summers, Jane Atwater

Center on Children, Families, and the Law (and Related Organizations): Publications

In 2001, university researchers and state program partners in Missouri, Iowa, Kansas, and Nebraska initiated the Midwest Child Care Research Consortium. A random sample of 2,022 child care providers from all four states participated in the study representing licensed infant, toddler, and preschool centers and including Head Start and Early Head Start programs, license-exempt centers, and licensed and unlicensed family child care homes. In Nebraska, 508 providers participated in telephone interviews and 85 of those programs were randomly selected for an observational quality assessment. This report summarizes the survey responses of 236 Nebraska professionals providing care for infants and toddlers, …

Policy Brief: Compensation Of Early Childhood Teachers: What Value Do We Place On Young Children?, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn P. Edwards, Julia C. Torquati, Susan Hegland, Carla Peterson, Jean Ann Summers, Jane Atwater

Center on Children, Families, and the Law (and Related Organizations): Publications

In 2001, university researchers and state program partners in four states (Missouri, Iowa, Kansas, and Nebraska) initiated the Midwest Child Care Research Consortium (MCCRC). The focus of the Consortium’s work is to conduct a longitudinal study on a range of issues associated with early childhood program quality and the workforce. Across the four states, a random sample of 2,022 child care providers participated in the study representing licensed infant, toddler, and preschool centers as well as Head Start and Early Head Start programs, license-exempt centers, and licensed and unlicensed family child care homes. In Nebraska, 508 providers participated in telephone …

Non-Adversarial Case Resolution, Donald N. Duquette

Book Chapters

Professionals who work with children and parents have become increasingly dissatisfied with the customary reliance on the traditional adversarial system in resolving family-related disputes, including cases involving children's protection, placement, and permanent care. The power struggle in contested cases and hearings relating to child welfare may foster hostility among the parties and dissipate money, energy, and attention that could otherwise be used to solve problems cooperatively. Parties may become polarized, open communication may be discouraged, and there may be little investment in information sharing and joint problem solving. Children may suffer when adversarial tensions escalate and ameliorative services are delayed.

Representing Children And Youth, Donald N. Duquette, Marvin Ventrell

Book Chapters

Quality legal representation of all parties is essential to a high-functioning dependency court process. Quality legal representation of children in particular is essential in obtaining good outcomes for children. An adversarial court process that depends on competing independent advocacy to provide information will not produce good outcomes for litigants who lack competent advocates. Dependency court decisions are as good as the information on which the decisions are based. In order to promote the welfare of children in dependency court, therefore, children must be provided with competent independent legal representation.

Federal Child Welfare Law And Policy: Understanding The Federal Law And Funding Process., Miriam Rollin, Frank Vandervort, Ann M. Haralambie

Book Chapters

This chapter provides an overview of federal and uniform statutes that impact the practice of child welfare law.

Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason

Office for Policy Studies on Violence Against Women Publications

In 2003, the Kentucky Supreme Court adopted the amended KRS 412, effectively making the language of KRE 412 consistent with the analogous Federal Rule of Evidence 412. Now, as in federal court, the provisions of the Rape Shield Law apply in both criminal and civil cases to govern when and how evidence of a victim's alleged sexual behavior or sexual predisposition may be introduced. The article describes the intent of the original Rape Shield Law and the implications of its amended version in both civil and criminal cases.

'Til Death Do Us Part ... After That, My Dear, You're On Your Own: A Practitioner's Guide To Disinheriting A Spouse In Illinois, 29 S. Ill. U. L.J. 207 (2005), Ronald Z. Domsky

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Unconstitutionality Of Oklahoma's Statute Denying Recognition To Adoptions By Same-Sex Couples From Other States, Robert G. Spector

Faculty Articles

No abstract provided.

For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr

William Mitchell Law Review

This article will discuss the federal legislation and regulations—ASFA and CFSR—that hold the states accountable for the health and well-being of children and adolescents in foster care. This article will also discuss how the Early Periodic Screening Diagnosis and Treatment (EPSDT) program, the comprehensive health care services that states are required to provide through Medicaid, is used to address the health and wellbeing of children and adolescents in foster care. Critical to a discussion on the well-being of foster youth is the Chafee Foster Care Independence Act of 1999 that emphasized the states’ responsibility to ensure that youth in foster …

A Child's Journey Through The Child Welfare System, Sue Badeau `, Sarah Gesiriech, Ann M. Haralambie, Amanda George Donnelly, Donald N. Duquette

Book Chapters

Once a child is known to the child welfare agency, the child and his or her family become subject to a series of decisions made by judges, caseworkers, legal representatives, and others, all of whom have an important role to play. A child may encounter dozens of other new adults, including foster parents, counselors, and doctors. Most children (60 percent) enter foster care when removed from their homes by a child protective agency because of abuse or neglect, or both. Others (17 percent) enter care because of the absence of their parents, resulting from illness, death, disability, or other problems. …

Two Ways To End A Marriage: Divorce Or Death, Laura A. Rosenbury

UF Law Faculty Publications

Default rules governing property distribution at divorce and death are often identified as one of the primary benefits of marriage. This Article examines these default rules in all fifty states, exposing the ways property distribution differs depending on whether the marriage ends by divorce or death. The result is often counter-intuitive: in most states, a spouse is likely to receive more property if her marriage ends by divorce than if the marriage lasts until "death do us part." This difference can be explained in part by the choices of feminist activists over the past thirty-five years: feminists played a large …

Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman

Cleveland State Law Review

This article is divided into five parts. The first part discusses the justification for our society's continued promotion of the institution of marriage. The second discusses why prenuptial agreements have become so widespread. The third gives an account of American courts' shift from rejecting prenuptial agreements to routinely enforcing them. The fourth presents my argument for treating as inequitable per se the enforcement of prenuptial agreements. And the fifth explores how the adoption of my view of prenuptial agreements might affect the popularity of marriage.

Empirical And Theoretical Perspectives From Social Science On Gay Marriage And Child Custody Issues, Walter R. Schumm

St. Thomas Law Review

Research on lesbigay parenting issues is reviewed with an in-depth focus on a few examples of past research and a review of the merits of social science research cited recently by the American Civil Liberties Union in support of gay parenting rights. Those who have reviewed the literature have come to startling different conclusions. Neither side has fully grasped some of the limitations of certain key research studies. Some errors are such that one might wonder if peer review procedures had somehow failed. An analysis of a recent paper on same-gender sexual abuse reveals mixed findings. It appears that a …

Lawrence, Lofton, And Reasoned Judgment: On Who Can Adopt And Why, Mark Strasser

St. Thomas Law Review

Recently, in Lofton v. Security of Department of Children & Family Services, the Eleventh Circuit upheld Florida's gay adoption ban. The opinion is important for a variety of reasons, not least of which is that it was issued after the United States Supreme Court had decided Lawrence v. Texas. The Lofton court's reading of Lawrence was so implausible that it would have been easy for the Supreme Court to have reversed Lofton, while nonetheless offering an analysis significantly narrower than Lawrence. Regrettably, the Supreme Court denied certiorari when the decision was appealed, so we will simply have to wait and …

Judicial Deference Or Bad Law? Why Massachusetts Courts Will Not Impose Municipal Liability For Failure To Enforce Restraining Orders, Carolyn Grose

Faculty Scholarship

The authors take up the challenge that was thrown down by the Ford v. Town of Grafton court. The first part of this Article examines the somewhat tortured and fascinating history of the Massachusetts Tort Claims Act. It then describes the arguments Catherine Ford made, how the court responded, and why it responded as it did. In Part II, Massachusetts' strong commitment to protecting and assisting victims of domestic violence is examined. A variety of legislative, executive and judicial initiatives that demonstrate commitment are described, but the Massachusetts General Laws Chapter 209A, the restraining order statute, is emphasized. The article …

For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

No-Fault Death: Wedding Inheritance Rights To Family Values, Linda Kelly Hill

Kentucky Law Journal

No abstract provided.

The Use Of Prebirth Parentage Orders In Surrogacy Proceedings, Mary P. Byrn, Steven H. Synder

Faculty Scholarship

Prebirth parentage orders are often sought by parties to surrogacy agreements to formalize the intent of the parties to the agreement before the child is born. Such orders declare the intended parents to be the legal parents of the child. This article discusses the benefits of such orders, as well as the difficulties in obtaining them. The availability and efficacy of prebirth parentage orders depends on many factors including the type of surrogacy arrangement, the state law that governs the proceeding, and whether the parties are in unanimous agreement. This article analyzes the various factors which impact whether obtaining a …

Reforming Child Protection: A Public Health Perspective, Marsha Garrison

Faculty Scholarship

No abstract provided.

Swimming Upstream Against The Great Adoption Tide: Making The Case For “Impermanence,”, Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.