Family Law Commons^™

Divorce Law Practice (Part 3), Harvey L. Zuckman

Scholarly Articles

Part 3 of an overview of divorce law practice deals with contested and uncontested divorce trials, post divorce litigation, and multistate complications. Parts 1 and 2 discussed the initial interview, separation agreements, custody and visitation arrangements, and pretrial activities.

Limitations On Creditors' Rights To Require Spouses' Signatures Under The Ecoa And Washington Community Property Law, Todd M. Johnson

Seattle University Law Review

This article examines the federal regulations' interaction with Washington community property law to determine when a creditor can require the signature of a Washington applicant's spouse on either a loan instrument or security agreement in five common situations: (1) a married applicant's request for credit secured by community property, (2) a married applicant's request for credit secured by separate property, (3) a married applicant's request for general unsecured credit, (4) a married applicant's request for unsecured credit in specific reliance upon his or her income flow, and (5) a married applicant's request for unsecured credit in specific reliance upon the …

The Termination Of Parental Rights: Lassiter And The New Illinois Termination Law, James M. Dubach

Loyola University Chicago Law Journal

No abstract provided.

Divorce, An Overlooked Tax Planning Tool (Or Gimmick), Theodore W. Hirsh

Maryland Law Review

No abstract provided.

The Legal Aspects Of Child Abuse And Neglect, Donald N. Duquette

Book Chapters

The law is an essential partner with the medical, social work, and mental health professions in identifying and responding to children who may be abused and neglected and their families. The law governs reporting of suspected child abuse and neglect and outlines the duties of the child protection agency in responding to those reports. Statutes and court rules determine the circumstances under which a child suspected of being abused or neglected may be detained in a hospital or removed from his home on an emergency basis. Child abuse and neglect laws in all states aim to facilitate the benevolent intervention …

Legal Roles, Donald N. Duquette

Book Chapters

Attorneys may be involved at various stages in the management of cases of child abuse and neglect. However, typically they become important only on those cases which go to court. There are in fact three separate attorney roles, with requirements which vary according to whom the attorney represents. These roles are the child's attorney, the agency attorney, and the parents' attorney.

Interviewing The Child, Donald N. Duquette, Janet Stubbs

Book Chapters

The attorney representing a child needs to gather considerable information about his client. He needs to know the nature of the child's home environment, his present placement, his condition and adaptation to placement if the child is out of the home, his reasonable preferences for placement. He needs to know the age of the child, the child's capabilities and limitations, the number of siblings, the make-up of the family, the circumstances which led to removal, the legal and social alternatives available to the child and his family.

Interstate Enforcement Of Child Protection Orders, Donald N. Duquette

Book Chapters

Child protection orders issued by local courts are sometimes violated. As long as the children and the other parties involved remain within the court's jurisdiction, enforcement problems, although they exist, are less complicated than the problems presented when the child is out of the court's jurisdiction. A child may be removed from the jurisdiction during visitation, contrary to the court's order. A child, visiting in another jurisdiction, may not be returned as ordered by the court. A child placed out of the jurisdiction by the court may now be in jeopardy because of an unauthorized removal from placement or other …

The Psychotherapist - Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey

Villanova Law Review (1956 - )

No abstract provided.

Child Custody And Parental Authority In France, Louisiana And Other States Of The United States: A Comparative Analysis, Christopher L. Blakesley

Scholarly Works

No abstract provided.

Overview Of Virginia Supreme Court Cases On Domestic Relations: 1970-1980, Peter N. Pross

University of Richmond Law Review

The Supreme Court of Virginia examined a variety of domestic relations problems and issues during the last decade. Most of the court's decisions involved divorce issues such as jurisdiction, alimony or support and maintenance, and child custody or support orders. However, the court also decided cases on annulment, the enforcement of support and maintenance decrees, legitimacy and paternity, adoption, name changes and intrafamily tort immunity.

The Legislative Abrogation Of Interspousal Immunity In Virginia, Lisa Anderson-Lloyd

University of Richmond Law Review

Is a wife who hires someone to murder her husband liable in tort for the injuries he sustains in the murder attempt? The Virginia Supreme Court faced just this question in 1980 in Counts v. Counts. In light of the partial abrogation of the doctrine of interspousal immunity by the Virginia Supreme Court during the 1970's in wrongful death actions and inactions for damages in motor vehicle accident cases, a well reasoned prediction would have anticipated a further erosion of the doctrine. In Counts, however, the court disallowed the interspousal suit for an intentional tort, signaling that it had no …

The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence

Seattle University Law Review

After discussing the legal effect of the adoption decree and the purpose of Washington's adoption statute, this comment will analyze the competing interests of the adoptee, the biological parents, the adoptive parents, and the state. This article will also discuss the legislative proposal in Washington attempting to abolish the good cause requirement. Finally, this article concludes the sealed records requirement is constitutionally sound and despite the need for further legislative articulation, the good cause balancing approach is the most suitable method for protecting the conflicting rights and interests inherent in the adoption process.

Kentucky Law Survey: Domestic Relations, Louise Everett Graham, Janet Jakubowicz

Kentucky Law Journal

No abstract provided.

Analytical And Comparative Variations On Selected Provisions Of Book One Of The Louisiana Civil Code With Special Consideration Of The Role Of Fault In The Determination Of Marital Disputes, Thomas E. Carbonneau

Faculty Scholarship

This article is intended to be a type of "structuralist" commentary upon selected provisions in Book I of the Louisiana Civil Code. Its sole purpose is to illustrate, both for pedagogical and doctrinal reasons, some of the analytical difficulties to which these code provisions might give rise when they are read in a close textual fashion. It should be emphasized that this study is a textual commentary and not a historical assessment of the sources or origins of the code texts – the latter analysis is outside the purview of the present endeavor.

Accordingly, this article consists of a critical …

The Psychotherapist-Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey

Law Faculty Publications

In any child placement decision, the predominant consideration is the welfare of the child. Accordingly, the most widely used test in determining child custody is clearly the "best interests of the child" standard. Despite its relatively old vintage, the standard continues to represent a nebulous concept that courts have rarely been able to define with precision. Because of its open-ended nature, the best interests of the child standard makes relevant a wide range of evidence pertaining to the fitness of the parents and the environment in which the child will be raised. it is in determining these facts that child …

Divorce Law Practice (Part 2), Harvey L. Zuckman

Scholarly Articles

Part 2 of an overview of divorce law practice deals with custody and visitation arrangements, pretrial activities and the negotiation of separation and property settlement agreements. Part 1 discussed the initial interview, the problem of multiple clients, and the three kinds of separation agreements.

An Analysis Of The Georgia "Live-In Lover" Law, Newton M. Galloway

Mercer Law Review

In 1977, the Georgia legislature amended the law concerning the modification of alimony judgments and awards. In its amendment, the general assembly included what has come to be known as the "live-in lover" law. The "live-in lover" law gave courts the power to modify awards of alimony and support on petition of the husband. By statute, it was required that the husband show in his petition that the former wife was openly and continuously in voluntary cohabitation with another man.

The first challenge to the new law questioned its constitutionality. In Sims v. Sims, the Georgia Supreme Court, following …

Rights Of Adopted Children Under Pre-1949 Class Gifts, Thomas M. Green

Mercer Law Review

In Nunnally v. Trust Company Bank, the Georgia Supreme Court held constitutional Georgia's 1941 adoption statute, which provided that the act of adoption should not affect the adoptive child's relationship with anyone other than the adopting parents and the natural parents. The 1941 act was challenged by two adopted children who, the court held, were excluded from sharing in a class gift to "issue" of grandchildren at the termination of a trust created by the adopting father's grandmother, whose will became effective while the 1941 act was in force.

Domestic Relations, Joseph E. Cheeley Jr., Joseph E. Cheeley Iii

Mercer Law Review

The law of domestic relations is an attempt to manage the lives of numerous, divergent family members who more than likely differ in their familial values. Much of this body of law is the result of history, but today the marital relationship seems to be changing in a revolutionary manner. In Georgia in 1978 there was approximately 1 divorce for every 2.16 marriages.

This survey of domestic relations law covers cases from 149 Ga. App. 595 to 153 Ga. App. 742, and from 243 Ga. 436 to 245 Ga. 628. However, only the most noteworthy are discussed here, and for …

Recent Amendments To The Texas Child Abuse Statutes: An Analysis And Recommendation., Antoinette M. Pollock

St. Mary's Law Journal

Each year approximately one million children experience abuse by their parents and more than two thousand die as a result of injuries suffered. Drafters of child abuse legislation face the difficult task of accommodating the rights of parent and child, while ensuring the necessary exercise of state authority. In view of the delicate balancing of interests involved, child protection laws must be extensive and detailed in order to withstand constitutional challenge. The Sixty-sixth session of the Texas Legislature amended the child abuse section of the Texas Family Code. The Texas Family Code, as amended, is now capable of withstanding constitutional …

A Temporary Child Custody Order Issued Pursuant To Section 11.11 Of The Texas Family Code Constitutes A Non-Appealable Interlocutory Order., Anthony J. Blazi

St. Mary's Law Journal

Abstract Forthcoming.

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Specific Performance Of Separation Agreements - A New Remedy: Moore V. Moore, Jo Hill Dobbins

North Carolina Central Law Review

No abstract provided.

Unwed Fathers And The Adoption Process, Robert Rausch

William & Mary Law Review

No abstract provided.

An Analytical Model To Assure Consideration Of Parental And Familial Interests When Defining The Constitutional Rights Of Minors-An Examination Of In Re Scott K., Matthew Fenn Hilton

BYU Law Review

No abstract provided.

Wrongful Life-Impaired Infant's Cause Of Action Recognized: Curlender V. Bio-Science Laboratories, Merrill F. Nelson

BYU Law Review

No abstract provided.

Waiver Of Service Of Process Executed Prior To Institution Of Suit To Terminate Parental Rights Satisfies Due Process Notice Requirements., Catherine Matteau Stone

St. Mary's Law Journal

Abstract Forthcoming.

Clear And Convincing Evidence Standard Of Proof Will Be Required In All Proceedings For Involuntary Termination Of The Parent-Child Relationship., John William Wester

St. Mary's Law Journal

Abstract Forthcoming.

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.