Family Law Commons^™

The Unwarranted Abrogation Of Interspousal Tort Immunity: Fernandez V. Ramo, Michael L. Schwab

BYU Law Review

No abstract provided.

Relatives By Blood, Adoption, And Association: Who Should Get What And Why, Jan E. Rein

Vanderbilt Law Review

This Article explores the questions that courts and legislatures must address in order to integrate the social phenomenon of adoption into our succession laws, monitors the progress that has and has not been made in dealing with these questions, and proposes a comprehensive approach to the treatment of adoptees in matters of succession. Specifically, part I introduces the traditional approach to relationship by adoption, while part HI compares the past and present goals of adoption. Part IV discusses the legal status of adoptees in the context of intestate succession. This discussion explores past and present trends and examines the special …

The Nonsupport Contempt Hearing: A Survey And Analysis Of Florida Law, Ross C. Hering

Florida State University Law Review

No abstract provided.

William E. H. Tagupa's Review Of David Weisbrot, Abdul Paliwala, And Akilagpa Sawyerr's Law And Social Change In Papua New Guinea, William E. H. Tagupa

Pacific Studies

No abstract provided.

Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin

Washington Law Review

The Washington Supreme Court held that: (1) the increase in value of separate property is presumptively separate, unless the community claimant rebuts the presumption by direct and positive proof that community contributions caused the increase, and (2) the community is entitled to a share of the inflationary increase in the value of the separate property proportionate to the community contributions.

The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.

University of Michigan Journal of Law Reform

This Note proposes that courts refuse to give further consideration to admitting the battering parent syndrome as evidence in both civil and criminal proceedings arising out of child abuse. Part I of the Note describes the syndrome as it appears in the psychological literature. Part II suggests that current judicial attitudes favor the future admissibility of the syndrome, conditioned only on an improved showing of scientific accuracy. Part III demonstrates that regardless of scientific accuracy, the character evidence rule forbids courts from admitting the battering parent syndrome. Part IV argues that the important policies underlying the character evidence rule override …

Judicial Treatment Of Parental Cohabitation After Jarrett V. Jarrett, Mary Beth Cyze

Loyola University Chicago Law Journal

No abstract provided.

Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank

Seattle University Law Review

This Comment first analyzes Washington’s hearsay exception Act in the light of the principles that form the basis for the hearsay rule and its exceptions. It then examines the effect of the Act on the preexisting hearsay rules. Next, it compares the concept of unavailability as used in the hearsay exceptions with the concept of incompetence; both concepts are then analyzed according to the requirements of the hearsay rules and the confrontation clause. The Comment concludes that the Act is unconstitutional because it permits admission of hearsay of testimonially incompetent children.

Minor Child's Claim For Lost Parental Society And Companionship In Illinois: Another Look, 17 J. Marshall L. Rev. 113 (1984), Glenn C. Ronaldson

UIC Law Review

No abstract provided.

In Re Marriage Of Cohn: Bifurcation Of Marriage Dissolution Judgments In Illinois, 17 J. Marshall L. Rev. 217 (1984), Brian K. Larkin

UIC Law Review

No abstract provided.

Domestic Relations, Christopher P. Riley

West Virginia Law Review

No abstract provided.

A Model State Act: Remedies For Domestic Abuse, Lisa G. Lerman

Scholarly Articles

The problem of domestic violence has been the subject of increasing national concern. In response to that concern, states have enacted legislation providing protection to victims of domestic violence, encouraging improved police enforcement of protection law's, and constructing appropriate legal sanctions against abusers. Drafting comprehensive legislation to address this problem is difficult because both civil and criminal remedies are needed, because the needs of battered women are diverse and complex, and because effective protection requires a coordinated response by courts, law enforcement agencies, mental health personnel, and the bar. While some new legislation on wife abuse has been enacted in …

Casenotes: Domestic Relations — Antenuptial Agreements — Antenuptial Agreements Waiving Alimony Are Not Void Per Se. Frey V. Frey, 298 Md. 552, 471 A.2d 705 (1984), Kathryn Lego Armiger

University of Baltimore Law Review

No abstract provided.

Reforming The Tax Treatment Of Divorce: Splitting The Benefits Of A Split, C. Garrison Lepow

Seattle University Law Review

The purpose of this Article is to consider the tax consequences of divorce, particularly those problems relating to property settlements. The tax consequences of alimony and child support are also considered. These problems have a long history that must be reviewed in order to understand both the present law and the current proposals which were considered by the House Ways and Means Committee during the last session of Congress. Unfortunately, the narrowness of the legislative proposals permits many of the problems to continue; the proposals change only the timing of the problem.

Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds

Seattle University Law Review

This Comment reviews the history of tort law treatment of the fetus who is wrongfully injured or killed. The Comment discusses case history and wrongful death statutes, with a focus on Washington law. Finally, the Comment concludes that courts should ignore viability when deciding cases of fetal wrongful death.

Family Law - Support - The Natural Father Of A Child Born Out Of Wedlock May Not Assert As A Defense Against His Support Obligation The Mother's Deliberate Misrepresentation That She Was Using Contraception, Suzanne E. Miller

Villanova Law Review (1956 - )

No abstract provided.

Antenuptial Contracts And Divorce In Kentucky: A Better Approach, J. Clarke Keller

Kentucky Law Journal

No abstract provided.

The Uniform Reciprocal Enforcement Of Support Act And The Defense Of Non-Paternity: A Functional Analysis, Richard P. Perna

Kentucky Law Journal

No abstract provided.

The Issue Of Stability In The Modification Of Custody Decisions: Factor Or Determinant, Constance W. Cole

Villanova Law Review (1956 - )

No abstract provided.

A New Rule For Consent Judgments In Family Law - Walters V. Walters, H. William Palmer Jr.

Campbell Law Review

In the process of obtaining a divorce, the husband and wife frequently enter into a consent judgment which outlines the rights and obligations of the parties. The agreement commonly deals with both the alimony and property provisions of the settlement and is incorporated into the court's decree. Consent judgments are commonly designated as one of two types. The first is treated as a contract between the parties and is not modifiable without their consent. The second is treated as a court ordered judgment and is both modifiable and enforceable by the court's contempt power. The language of the agreement and …

Comment On Friedman Paper, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

The Arkansas Marital Property Statute And The Arkansas Appellate Courts: Tiptoeing Together Through The Tulips, Ora Fred Harris Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Visitation Beyond The Traditional Limitations, Michael J. Lewinsky

Indiana Law Journal

No abstract provided.

Mediation Of Wife Abuse Cases: The Adverse Impact Of Informal Dispute Resolution On Women, Lisa G. Lerman

Scholarly Articles

This Article articulates a law enforcement critique of domestic violence mediation. It will explain the feminist view that mediation in abuse cases is based on misconceptions about the nature of wife abuse, and that mediation not only fails to protect women from subsequent violence, but also perpetuates their continued victimization.

The Article will recommend that other remedies be preferred over mediation. Recognizing that many programs will persist in mediation of wife abuse cases, however, the Article recommends that those programs should adopt procedures which will offer protection to victims of abuse, will make clear to the abuser that stopping the …

Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

Incest Statutes And The Fundamental Right Of Marriage: Is Oedipus Free To Marry?, Carolyn S. Bratt

Law Faculty Scholarly Articles

The U.S. Supreme Court has found that the right to marry is a constitutionally protected right. That right is restricted, however, by state incest statutes which impede marriage between adults by making some choices of a marriage partner illegal. The constitutional validity of modern state incest statutes is difficult to analyze because of shifting definitions, reflexive fears, ambivalent attitudes, and underlying facile generalizations.

The mere word "incest" triggers strong feelings of revulsion in most people. Therefore, any a priori labeling of a marriage as incestuous tends to preclude objective thought about the permissibility of the particular form of the marriage …

Child Snatching: Remedies In The Federal Courts

Washington and Lee Law Review

No abstract provided.

The Effect Of The Tax Reform Act Of 1984 On Alimony And Transfers Of Property Incident To Divorce, J. Thomas O'Brien Jr.

University of Richmond Law Review

The Tax Reform Act of 1984 made substantial changes affecting the tax consequences of divorce. This comment will focus on the changes made in the tax treatment of transfers of property incident to divorce, in the definitional requirements of alimony and separate maintenance, and on the changes affecting "alimony" trusts and other forms of property. It will then analyze these changes by contrasting them, in light of congressional intent, with their pre-Tax Act development and treatment and attempt to draw some conclusions with respect to their effectiveness. Other changes affecting domestic relations are not within the scope of this comment.

Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers

Articles

A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …