Family Law Commons^™

Protecting The Handicapped Newborn: Where The Courts Failed And The Legislature Succeeded - The Child Abuse Amendments Of 1984, 19 J. Marshall L. Rev. 397 (1986), Timothy G. Kelly

UIC Law Review

No abstract provided.

Grandparent Visitation Statutes: A Proposal For Uniformity, 19 J. Marshall L. Rev. 703 (1986), Debra Wiseman

UIC Law Review

No abstract provided.

Tortious Interference With Visitation Rights: A New And Important Remedy For Non-Custodial Parents, 20 J. Marshall L. Rev. 307 (1986), Lawrence A. Goldman

UIC Law Review

No abstract provided.

Domestic Relations, Cathy Rider Culhane

West Virginia Law Review

No abstract provided.

Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley

Faculty Scholarship

No abstract provided.

Family Law, Sandra R. Murphy, Jamie Lane

Loyola University Chicago Law Journal

No abstract provided.

The Due Process Rights Of Postjudgment Debtors And Child Support Obligors, Diana Gribbon Motz, Andrew H. Baida

Maryland Law Review

No abstract provided.

Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family

Maryland Law Review

No abstract provided.

Terminating Parental Rights, Donald N. Duquette

Book Chapters

The complete legal severance of the parent-child relationship is an extremely serious step. The severance isabsolute and permanent; it is as if the relationship never existed. Few state infringements on personal liberty are greater. On the other hand, termination of parental rights may make a child available, through adoption, for a new permanent relationship that would not otherwise be possible.

Under the Adoption Code, MCLA 710.21 et~; MSA 27.3178(555.21) et ~ termination of parental rights may be effected voluntarily through a release of parental rights, MCLA 710.28, .29, .64; MSA 27.3178(555.28), (555.29), (555.64), or by a putative father's not asserting …

Child Abuse: A Practitioner's Guide To The Trial Of Child Abuse Cases In Criminal Court, Catherine Tinker

NYLS Journal of Human Rights

No abstract provided.

Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching consent decree that mandates specific reforms in policy and practice to be implemented by a public social welfare agency in its delivery of services to foster children and their families.

Parents, Psychologists And Child Custody Disputes: Protecting The Privilege And The Children, Marjorie F. Knowles, Caroline Chunn Mccarthy

Faculty Publications By Year

No abstract provided.

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

Scholarly Works

Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …

Divorce, Taxes, And The 1984 Tax Reform Act: An Inadequate Response To An Old Problem, Roland L. Hjorth

Washington Law Review

This article analyzes in detail the provisions of the 1984 Tax Reform Act relating to property settlements and cash payments made pursuant to divorce. It concludes that the provisions relating to property settlements are, on balance, beneficial, but that the changes relating to alimony and child support are almost totally devoid of merit. The article recommends that sections 71 and 215 be amended to provide that all cash payments made pursuant to divorce should be income to the recipient if those payments meet the formal requirements of new section 71(b). Even if the payments are income to the recipient, however, …

The Community Property Law In Washington (Revised 1985), Harry M. Cross

Washington Law Review

The author has twice previously summarized the community property law of Washington. In the eleven years since the most recent effort there have been enough changes to warrant a repetition of the task. Much of the discussion in the 1974 article is still appropriate, needing only reference to any later cases; accordingly, some parts of this article will essentially be an updated and revised version of the earlier article. There are also areas, however, in which the more recent cases prompt a new, more extensive, or modified analysis. The article undertakes that new analysis as well as incorporating the appropriately …

Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher

University of Richmond Law Review

The Virginia Premarital Agreement Act was reenacted during the 1986 legislative session of the Virginia General Assembly and became law effective July 1, 1986.

Casting Stones: The Role Of Fault In Virginia Divorce Proceedings, Donald K. Butler, Marilyn D. Russell

University of Richmond Law Review

The national trend is toward eliminating fault as a factor in many aspects of divorce, and in some states it plays virtually no role at all. However, Virginia is among those few remaining states where fault is potentially involved in every aspect of a divorce case.

A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau

Faculty Scholarship

This article argues for the need to inform divorce proceedings with a sense of the human reality of matrimonial breakdown. Part one assesses the adequacy of the existing adjudicatory approach to divorce by focusing upon the hiatus between the legal approach to divorce and the emotional content of divorce disputes. Part two lays the foundation for constructive change, providing a statistical portrait of divorce in contemporary America. Part four discusses mediation and suggests that it is a more viable alternative mechanism to divorce litigation. Part five discusses the implementation of a judicial arbitration structure.

Comparative Responses To Surrogate Motherhood, Thomas A. Eaton

Scholarly Works

This Article analyzes the Warnock Report [UK] and the Surrogacy Arrangements Act [UK] in light of existing practices and laws in the United States and Great Britain. Section II provides a description of surrogacy practices and the uncertain legal environment in which they operate. Section III compares the Surrogacy Arrangements Act with Canadian, American, and Australian legislative proposals. Section IV then examines in more detail the commonly voiced ethical objections to surrogacy agreements an concludes that these objections do not warrant criminalization of surrogacy agreements. Finally, Section V offers suggestions on the enforcement of surrogacy agreements.

Court-Ordered Mediation In Family Disputes: The New York Proposal, Linda Silberman, Andrew Schepard

Hofstra Law Faculty Scholarship

Marital and family disputes have been an important focus for alternative dispute resolution. Perhaps because divorce and custody disputes reveal the personal, human, and emotional aspects of conflict more visibly than other types of legal proceedings, attempts to resolve such disputes through the traditional legal process have proved remarkably ineffective. Mediation of divorce and custody matters is a particularly promising method of achieving more expeditious, less hostile, and more enduring matrimonial and custodial arrangements.

The mediation process offers to divorcing couples a neutral third party who will help the parties resolve their disputes. The mediator's function is to develop a …

Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott

Faculty Scholarship

Sterilization is one of the most frequently chosen forms of contraception in the world; many persons who do not want to have children select this simple, safe, and effective means of avoiding unwanted pregnancy. For individuals who are mentally disabled, however, sterilization has more ominous associations. Until recently, involuntary sterilization was used as a weapon of the state in the war against mental deficiency. Under eugenic sterilization laws in effect in many states, retarded persons were routinely sterilized without their consent or knowledge.

Sterilization law has undergone a radical transformation in recent years. Influenced by a distaste for eugenic sterilization …

Joint Custody, Feminism And The Dependency Dilemma, Katharine T. Bartlett, Carol B. Stack

Faculty Scholarship

No abstract provided.

Family Law Teaching In The No-Fault Era: A Pedagogic Proposal, Noel Zaal

Journal of Legal Education

No abstract provided.

Faculty Parenthood: Law School Treatment Of Pregnancy And Child Care, Richard H. Chused

Journal of Legal Education

No abstract provided.

Divorce: A Taxing Experience, Charles Edward Falk

William & Mary Annual Tax Conference

No abstract provided.

"Whatever Happened To Exempt Property?" An Overview Of The Matrimonial Property Act Of Nova Scotia, Alastair Bissett-Johnson

Dalhousie Law Journal

As it is five years since the introduction of the Matrimonial Property Act, it may be appropriate before turning to the title of my paper to outline the general philosophy of the Act. The philosophy is to allow either spouse to apply to the court on the occurrence of one of the four triggering events (death, divorce, nullity or separation) to seek an equal division of the matrimonial assets. Where a merely equal division of matrimonial assets would be unfair or unconscionable a court may divide the matrimonial assets up unequally or have recourse to the exempt property.

Moral Discourse And Family Law, Lee E. Teitelbaum

Michigan Law Review

It seems appropriate in the early stages of an experiment in legal publishing to say something about it, if only because few forms have been as resistant to innovation as the law review. The creation of a section for correspondence regarding recent articles provides a medium for conducting just the national discourse which scholarship aspires to provoke and which does occur in private conversations or letters and, occasionally, in panels at professional meetings. To talk in print about a colleague's work - to praise it, qualify it, pursue suggested or alternate lines of thought - is not only an enjoyable …

Modification Of Divorce Decrees By Virtue Of The 1984 Tax Amendments Relating To Dependency Exemptions, Roger M. Baron

University of Arkansas at Little Rock Law Review

No abstract provided.

A Constitutional Right To Home Instruction?, Neal Devins

Faculty Publications

No abstract provided.

Moral Discourse And The Transformation Of American Family Law, Carl E. Schneider

Michigan Law Review

Family law has undergone momentous change in recent decades. In this Article, Professor Schneider proposes that the transformation in family law can be understood as a diminution in the law's discourse in moral terms about the relations between family members and as a transfer of moral decisions from the law to the people the law once regulated. Professor Schneider identifies countertrends and limits to the changes he describes, and then investigates the reasons for the changes. He hypothesizes that four forces helped change family law and moral discourse within family law: the legal tradition of noninterference in family affairs; the …