Family Law Commons^™

Foreward, Adrienne D. Davis, Joan C. Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Cracking Foundations As Feminist Method , Katharine T. Bartlett

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Social Programs And Manageable Units , Saul Levmore

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Models For Safe Child Support Enforcement, Susan Notar, Viki Turetesky

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A House Of Fools: The Child Custody Protection Act, Christopher M. Law

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette

Articles

The thesis of this article is that it is a mistake to try to develop a single lawyer role for children in protection cases which tries to accommodate their developing capacities from infants to articulate teens. Sometimes a child needs a traditional attorney; sometimes a best interests advocate. We should adopt different standards for the different lawyer roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. This article argues that we should resolve the ambivalence not by adopting a client-directed or a best interests approach, but by having two …

The Evolving Judicial Role In Child Custody Disputes: From Fault Finder To Conflict Manager To Differential Case Management, Andrew Schepard

Hofstra Law Faculty Scholarship

The judiciary's role in divorce related child custody disputes has been transformed in the latter half of the twentieth century in response to the changing characteristics of American families, changing perceptions of the needs of children, and an overwhelming case load increase. The transformation occurred in two distinct phases, and a third is currently in process.

In Phase I, from the late 1960s (the beginning of widespread "no fault" divorce) to 1980, the child custody court was a fault finder functioning through adversary procedure. The court's job was to identify a single custodial parent and assign that parent primary legal …

Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken

All Faculty Scholarship

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members results in decisions …

When Daddy Wants Out: The Issue Of Paternity, Jane C. Murphy, Cheri Wyron Levin

All Faculty Scholarship

Perhaps you've seen the signs along a number of major highways in Maryland. A pregnant Mona Lisa advertising a DNA testing company with the caption "Who's the Daddy?" With the rise in the number of children born out of wedlock in Maryland in the last several decades, paternity testing is becoming routine and family law practitioners are handling more cases in which the father or mother or both are trying to change who is named as the legal father in a paternity or divorce judgment. The law governing such cases has changed substantially since 1995. This article will guide the …

Collecting Child Support: A History Of Federal And State Initiatives, Jane C. Murphy, Naomi R. Cahn

All Faculty Scholarship

In this article we sketch an overview of the increasing federal involvement in the child-support area. Because the federal role has grown so dramatically over the past 25 years, family law practitioners need to understand the different federal programs and requirements that affect state management of child-support programs. While for many low-income parents state agencies handle child-support establishment and collection, the federalization of child support has practical implications when it comes to both establishing and enforcing child support. For example, as the time limits of the Personal Responsibility and Work Opportunity Reconciliation Act begin to have their effects, child support …

The Enlightenment Case For Vouchers, John O. Mcginnis

Articles

No abstract provided.

Weighing The Domestic Violence Factor In Custody Cases: Tipping The Scales In Favor Of Protecting Victims And Their Children, Kim Susser

Scholarly Works

In 1996, the New York State Legislature attempted to afford additional protection to domestic violence victims and their children involved in custody disputes by amending New York's Domestic Relations Law and the Family Court Act to mandate consideration of domestic violence when determining the best interests of the child in custody and visitation cases. Four years later, it is evident that the amendment failed to change the behavior of the courts or overcome the entrenched attitudes of many judges, attorneys and forensic evaluators regarding domestic violence.

The first Part of this Article contains a brief overview of the case law …

When Fathers' Rights Are Mothers' Duties: The Failure Of Equal Protection In Miller V. Albright, Kristin Collins

Faculty Scholarship

The history of coverture and the transmission of American citizenship brings an elementary point into focus: The allocation of parental rights is always correlated with the allocation of parental responsibility. This basic legal truism, and its numerous implications for citizenship law, suggests that the principal gender injustice caused by § 1409 is not its truncation of fathers' rights, but its creation and perpetuation of a legal regime in which mothers assume full responsibility for foreign-born nonmarital children. Once we recognize this gendered operation of § 1409, broader failures of equal protection analysis come into relief. First, while the jurisprudential understanding …

Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott

Faculty Scholarship

Americans have interesting and somewhat puzzling attitudes about the state's role in defining and enforcing family obligations. Most people view lasting marriage as an important part of their life plans and take the commitment of marriage very seriously. Yet any legal initiative designed to reinforce that commitment generates controversy and is viewed with suspicion in many quarters. For example, covenant marriage statutes, which offer couples entering marriage the option of undertaking a modest marital commitment, are seen by many observers as coercive and regressive measures rather than ameliorating reforms.

The law tends to reflect – and perhaps contributes to – …

Hukum Keluarga Adat Minangkabau : Satu Kajian Menurut Hukum Syara', Safrudin Halimy Kamaluddin

Student Works (2000-2009)

This research is aimed at evaluating the family laws of Minangkabau tradition according to the perspective of Shari'ah, whether that adat law really contradicts the Islamic Law as there are some differences between the two laws. There are three aspects that will be the focus of this research. They are the matrilineal system, exogamy and bequeathing on]y to the side of matrilineal family. The evaluation of the problem will be carried out after having studied the adat law in depth and detail, including its history, philosophy, development and changes which have been taking place until today. The first thing that …

The Reawakening Of Marriage, Raymond C. O'Brien

West Virginia Law Review

No abstract provided.

From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark

West Virginia Law Review

No abstract provided.

Pondering Past Purposes: A Critical History Of American Adoption Law, David Ray Papke

West Virginia Law Review

No abstract provided.

Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger

West Virginia Law Review

No abstract provided.

Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman

West Virginia Law Review

No abstract provided.

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the domestic relations cases decided by the Georgia Supreme Court and the Georgia Court of Appeals during the survey period, twenty-seven are digested here. Possibly the most notable events of the survey period were pieces of legislation that were not enacted. A bill to restore direct appeals for certain domestic relations cases did not make it to the Governor's desk, and the Governor vetoed a bill that would have required trial judges hearing custody cases to consider the custodial elections of children between the ages of twelve and fourteen. While the Georgia General Assembly otherwise focused on ways to …

Unity, Sovereignty, And The Interstate Recognition Of Marriage, Mark Strasser

West Virginia Law Review

No abstract provided.

Brief Amicus Curiae Of The Society Of Catholic Social Scientists In Support Of Respondent, Stephen M. Krason, Richard W. Garnett

Court Briefs

No. 99-138
Jenifer Troxel v. Tommie Granville

On Writ Of Certiorari To The Supreme Court Of Washington

From the Summary of the Argument

The fundamental rights of parents to direct and control the upbringing of their children and the autonomy of the family have been recognized time and again by this Court. These rights and this autonomy are not creatures of positive law, but are grounded in the natural moral order. The family is the "building block" of civil society and has as its natural end, or telos, the nurturing and development of flourishing human persons and good citizens. …

Amin V. Amin, Izhak Englard, Theodor Or, Itzchak Zamir

Translated Opinions

Facts: Three children, orphaned of their mother, were emotionally abandoned by their father, who refused all contact with them. The emotional neglect caused them severe psychological damage that continues to impede on their adult lives. The children sued their father in tort for emotional damage and won at the district court. The father appealed.

Held: The father’s severe emotional neglect of his children breached his duties under the Legal Capacity law, which, inter alia, requires parents to provide for the educational needs of their children. Education includes equipping children with the basic life skills. A parent must act for the …

China's Newly Enacted Intercountry Adoption Law: Friend Or Foe?, Crystal J. Gates

Indiana Journal of Global Legal Studies

No abstract provided.

Working Toward A Global Discourse On Children's Rights: The Problem Of Unaccompanied Children And The International Response To Their Plight, Crystal J. Gates

Indiana Journal of Global Legal Studies

No abstract provided.

The Tragic And Chaotic Aftermath Of A Baby Switch: Should Policy And Common Law, Blood Ties, Or Psychological Bonds Prevail, Cynthia R. Mabry

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Comment On Property And Divorce, A, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Women's Freedom To Contract At Divorce: A Mask For Contextual Coercion, Penelope Eileen Bryan

Buffalo Law Review

No abstract provided.