Family Law Commons^™

Collaboration Between Lawyers And Mental Health Professionals: Making It Work, Donald N. Duquette

Book Chapters

Many questions presented to the court in child welfare cases are resolved with the direction, professional advice, and judgment of mental health professionals. Lawyers and judges look to a number of different professions for this guidance; chief among them are psychiatrists, psychologists, and clinical social workers. The focus of this chapter is on ways for lawyers to enhance and improve the performance of the mental health professionals in the courtroom.

This chapter presents a step-b/step process for lawyer collaboration with mental health professionals in child protection and foster care cases, which is relevant for attorneys representing the child welfare agency, …

Child Support In The Twenty-First Century, David L. Chambers

Book Chapters

Fifty years from now, or a hundred years from now, will absent parents still be held financially liable for the support of their children? Two forces have shaped our current system of private liability. The first is a perception, wholly accurate, of large numbers of children in need, children who cannot be adequately provided for by the single parent with whom they live. The second is a moral judgment about absent parents: that they can be justly required to contribute to their children's support throughout the children's minority. Change may occur in the laws of child support if there cease …

Estate Planning For The Married Couple, Don W. Llewellyn

Villanova Law Review (1956 - )

No abstract provided.

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Law Faculty Scholarly Articles

In the decade since Kentucky's adoption of the Uniform Marriage and Divorce Act, the state's courts have faced the task of interpreting it in domestic relations litigation. This past year was no exception. A number of problems before Kentucky courts were recurrent issues. For example, the divisibility of educational degrees acquired by one spouse again required court assessment. Similarly, issues surrounding both maintenance and child support reappeared. These recurrent issues, along with new issues requiring court solution, heavily burdened trial and appellate courts. This Survey will discuss court resolutions of significant problems in the areas of marital property, maintenance and …

Marriage Settlements 1601-1740, Lloyd Bonfield

Books

The history of the family has become an area of great interest, yet the property arrangements entered into upon marriage, a crucial aspect of the process of familial wealth transmission and distribution in the landed classes in early modern England, have never been systematically studied. In the light of evidence provided by hitherto unused family muniments, Dr Bonfield analyses the legal, social and economic aspects of these settlements, and discusses the development and impact of the strict settlement.

The Relevance Of Premarital Cohabitation To Property Division Awards In Divorce Proceedings: An Evaluation Of Present Trends And A Proposal For Legislative Reform, Barbara Freedman Wand

Articles by Maurer Faculty

No abstract provided.

Medical Dependency In Arizona, Mary E. Berkheiser

Scholarly Works

Analysis of In re Cochise County Juvenile Action No. 5666-J, 650 P.2d 459 (Ariz. 1982).

Military Retired Pay And Divorce: Congress Retires Mccarty V. Mccarty-Is That Enough?

Washington and Lee Law Review

No abstract provided.

Child Support Law And Policy: The Systematic Imposition Of Costs On Women, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

From 1970 to 1981, the number of divorces in the United States more than doubled, and the number of children living with one parent increased by fifty-four percent, to a total of 12.6 million children, or one child in five. The great majority of these children have a living noncustodial parent from whom they are entitled to receive support payrents. Thus, approximately twenty percent of the nation's children are involved- at least potentially-in the child support system. Yet, despite its growing reach, the child support system remains in many ways primitive and inchoate. Award amounts are inadequate to pay for …

Spouse Abuse: Proposal For A New Rule Of Thumb, Cheryl A. Wilkerson

University of Richmond Law Review

Since the mid-1970's, the nation has been giving increased attention to the problem of spouse abuse. This increased attention arose a decade after the nation became acutely aware that child abuse was a problem in this country. Heightened awareness of the fact that violence occurs between family members was accompanied by recognition that available legal remedies were inadequate. The remedies available to the abused spouse in most states other than Virginia include not only prosecution through the criminal justice system but also civil protective orders which may be obtained by victims either as an alternative to or in conjunction with …

The Constitutional Status Of Marriage, Kinship, And Sexual Privacy -- Balancing The Individual And Social Interests, Bruce C. Hafen

Michigan Law Review

Today's lopsided competition between the individual and social interests has made the law a party to the contemporary haze that clouds our vision of what a family is or should be. In that sense, recent legal developments have contributed to the crisis Stanley Hauerwas has identified regarding American family life today - our inability to define "what kind of family should exist" and our inability to articulate ''why we should think of [the family] as our most basic moral institution."

In response to those two questions, this Article considers whether, as a constitutional matter, the courts should recognize claims by …

Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing

Vanderbilt Journal of Transnational Law

THE FAMILY IN INTERNATIONAL LAW: SOME EMERGING PROBLEMS

Edited by R. Lillich

Charlottesville: Michie, 1981. Pp. xii, 164

Reviewed by Stephen C. Hicks

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TREATIES OF THE PEOPLE'S REPUBLIC OF CHINA, 1949-1978: AN ANNOTATED COMPILATION

By Grant F. Rhode and Reid E. Whitlock

Boulder, Colorado: Westview Press, 1980. Pp. ix, 207. $25.00.

Reviewed by David A. Elder

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STATE AND DIPLOMATIC IMMUNITY

By Charles Lewis London:

Lloyd's Press of London, Ltd., 1980. Pp. xv, 135. 16f.

Reviewed by Edward A. Laing

Marriage, Property &(And) The Affective Family, Lloyd Bonfield

Articles & Chapters

No abstract provided.

Allocating The Fruits Of A Marriage: A Look At Virginia's New Domestic Relations Statute, Torrence M. Hinnant

University of Richmond Law Review

Divorce is on the rise. The social, emotional, and economic partnership that constitutes the foundation of the family is succumbing to both external and internal pressures, resulting in an alarming rate of divorce, an event which has significant consequences for the involved spouses and children.

Valuation Of Spousal Interest In A Professional Practice For Equitable Distribution: Hirschfeld V. Hirschfeld, David W. Hagy

University of Richmond Law Review

The New York court in Hirschfeld v. Hirschfeld held that under the state's equitable distribution statute a husband's interest in his law prac- tice constitutes marital property subject to equitable division upon divorce. The court noted the lack of a valuation standard in both the statute and the state case law and applied an Internal Revenue Service formula to calculate the amount of goodwill in the law practice. The court divided that amount equally and awarded the wife $6,900, over three years, as her share of the husband's net income from his law practice.

Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher

University of Richmond Law Review

Collection practice has undergone a major transition over the past fifteen years. Once the ignored bastard by the mainstream of the bar, collection practice has survived and matured into a serious endeavor for a growing body of lawyers. Several reasons underlie this change. First, as society has become more transient and business relationships increasingly impersonal, businessmen and professionals have had to intensify collection efforts to maintain profit levels. Since legislation and supplementary case decisions have made debtor-creditor law a complex field, lawyers are frequently called upon to do collection work because of their expertise in using sophisticated legal procedures. Second, …

How Are You Going To Keep Them Down On The (Collective) Farm After They've Seen Chicago - A Minor's Right To Political Asylum Against His Parents' Wishes, Michael G. Hillinger

Faculty Publications

No abstract provided.

Sharing Parenthood After Divorce, Carol Sanger

Faculty Scholarship

Ciji Ware's first sentence in the popularly publicized Sharing Parenthood After Divorce directs the reader to "read this book before you hire a lawyer." Because many separated and divorced parents will follow Ware's instruction, family law practitioners should be aware of Ware's approach to and recommendations regarding custody. Her position is clear. The book is subtitled An Enlightened Custody Guide for Mothers, Fathers, and Kids and the meaning of "enlightened" is apparent from the title of Part One, "Why You Should Choose Shared Custody." But because her message is sometimes more enthusiastic than considered, lawyers and parents should be aware …

Domestic Relations Advocacy - Is There A Better Alternative, William D. Kraut

Villanova Law Review (1956 - )

No abstract provided.

Jurisdiction, Standing, And Decisional Standards In Parent-Nonparent Custody Disputes—In Re Marriage Of Allen, 28 Wn. App. 637, 626 P.2d 16 (1981), Sandra R. Blair

Washington Law Review

This Note contends that, based on the custody statute and relevant case law, the court of appeals should have answered these questions differently. The Note first proposes that, in a dissolution action, the trial court should have automatic jurisdiction only over the children born of that marriage. The court should have jurisdiction over other children only if they are not in the custody of either of their parents or if neither parent is a suitable custodian. Second, it proposes that a stepparent should not automatically have standing to seek custody of a child based on an in loco parentis relationship. …

Pickett V. Brown, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Lehr V. Robertson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Personhood And The Contraceptive Right, Joseph W. Rebone

Indiana Law Journal

No abstract provided.

Loss Of Consortium Claims By Unmarried Cohabitants: The Roles Of Private Self-Determination And Public Policy, Lloyd T. Wilson Jr.

Indiana Law Journal

No abstract provided.

No Judicial Dyslexia: The Custodial Parent Presumption Distinguishes The Paternal From The Parental Right To Name A Child, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

West Virginia's Reimbursement Statute: The Hidden Costs Of Institutionalization, Samme L. Gee

West Virginia Law Review

"Fate makes our relatives... ", The treatment, care and maintenance received by the mentally ill and the mentally retarded in state hospitals do not fall into the traditional category of public welfare. Unlike other programs which assist the disadvantaged, most mental health laws impose a statutory duty on the recipient or his family to reimburse the state for all or part of the maintenance and treatment costs. West Virginia is among the jurisdictions which have adopted such laws. This state has statutory provisions5 which require reimbursement from the patient and designated family members. The amount the patient, or his family, …

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

Articles

Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …

The Revolution In Family Law: 45 Landmark Decisions: Four Experts Look At The Most Significant Cases Handed Down During The Last Two Decades, Randall M. Chastain, Monroe L. Inker, Sanford N. Katz, Frances H. Miller, Walter Weyrauch

Faculty Scholarship

No abstract provided.

The Federal Military Retirement System Preempts State Community Property Law At Divorce: Mccarty V. Mccarty, Samuel D. Mcvey

BYU Law Review

No abstract provided.

Bits And Pieces Of Information On The Berding Family, Susie Van Kirk

Susie Van Kirk Papers

Information on the Berding Family from census records, the register, newspaper articles, marriage licenses and other research.