Family Law Commons^™

The Distrubution Of Marital Real Property Upon Divorce In West Virginia: The Need For Legislative Reform, John F. Cyrus

West Virginia Law Review

No abstract provided.

Family Law–Child Custody–Counsel For Children Permitted, Deborah R. Sallings

University of Arkansas at Little Rock Law Review

No abstract provided.

Escalation Clauses In Washington Child Support Awards, Michael E. Gossler

Washington Law Review

This comment analyzes the Washington courts' interpretation of the statutes providing for making and modifying child support awards and the policies these statutes are designed to effect. It concludes that the use of escalation clauses is consistent with the statutes and policies on which the Washington support system is based, and that the use of such clauses is a more effective means of promoting the state's policy of providing adequate child support than the traditional approach of awarding support in fixed amounts subject to court modification. Finally, the comment suggests one possible escalation device that seeks to accurately predict future …

Defining The Parent's Duty After Rejection Of Parent-Child Immunity: Parental Liability For Emotional Injury To Abandoned Children, Reid H. Hamilton

Vanderbilt Law Review

Child neglect and abandonment are serious problems in the United States. The number of children in foster care in the United States has risen from a third of a million in 1971 to over 750,000 in 1979. A significant number of these children have been abandoned voluntarily and permanently by their parents. Abandoned children suffer marked psychological consequences; even after receiving the best available foster care, such children suffer adverse emotional effects throughout their adult lives.' Due to the traditional American rule granting parents immunity from personal injury suits by their minor children, abandoned children generally have been uncompensated for …

Enforcement Of Family Support Obligations In Virginia, Jane F. Vehko

William & Mary Law Review

No abstract provided.

Father In Jail, David C. Baldus

Michigan Law Review

A review of Making Fathers Pay: The Enforcement of Child Support by David L. Chambers

The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter

St. Mary's Law Journal

The present constitutional definition of married women’s separate property serves to protect the wife’s property rights and to preserve the community property system in Texas. However, the policy reasons for the constitutional definition no longer apply, since there is no present danger of the legislature reducing the property rights of married women or abandoning the community property system. Further, the needs and customs of the people of Texas have changed since the adoption of the original Texas Constitution in 1845. Today, it is estimated that thirty percent of couples who marry in the United States eventually divorce and sixty percent …

Thinking About Public Policy Toward Abuse And Neglect Of Children: A Review Of Before The Best Interests Of The Child, Michael S. Wald

Michigan Law Review

A review of Before the Best Interests of the Child by Joseph Goldstein, Anna Freud, and Albert J. Solnit

Equal Protection For Illegitimate Children: A Consistent Rule Emerges, Scott E. Isaacson

BYU Law Review

No abstract provided.

The Rights Of An Illegitimate Child Post - Gomez V. Perez: A Legitimate Situation., Deborah J. Venezia

St. Mary's Law Journal

Throughout Texas history the legal status of illegitimacy has prevented an illegitimate child from enjoying the right of parental support guaranteed to a legitimate child. The United States Supreme Court’s decision in Gomez v. Perez rendered unconstitutional the denial of an illegitimate child’s right to parental support on the basis of his illegitimacy. In response to Gomez, the Texas Legislature enacted Chapter 13 of the Texas Family Code (TFC) which provides for voluntary legitimation of an illegitimate child by the father. Section 13.01 gave an illegitimate child, whose natural father did not voluntarily acknowledge paternity, procedure to establish the parent-child …

Towards An Upstream Model Of Child Abuse Legislation In Illinois, Richard T. Cozzola

Loyola University Chicago Law Journal

No abstract provided.

Constitutional Law - Fourteenth Amendment - Equal Protection Clause - Adoption - Rights Of Putative Fathers, Ronald J. Rademacher

Duquesne Law Review

The United States Supreme Court has held that a New York statute providing that a natural mother could withhold her consent to the adoption of her child, but denying the same right to an unwed father, violates the equal protection clause of the fourteenth amendment.

Caban v. Mohammed, 99 S. Ct. 1760 (1979).

Independent Adoptions: Is The Black And White Beginning To Appear In The Controversy Over Gray-Market Adoptions, George William Myers Jr.

Duquesne Law Review

No abstract provided.

Wrongful Life: Birth Control Spawns A Tort, 13 J. Marshall L. Rev.401 (1980), Margaret J. Mullen

UIC Law Review

No abstract provided.

Protection Of Battered Women: A Survey Of State Legislation, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Survey Of Developments In North Carolina Law, 1979. Family Law, Jane R. Wettach, M. Ann Anderson

Faculty Scholarship

No abstract provided.

Family Law And The Pennsylvania Equal Rights Amendment, Albert Momjian

Villanova Law Review (1956 - )

No abstract provided.

Stages Of Divorce: A Psychological Perspective, Florence W. Kaslow

Villanova Law Review (1956 - )

No abstract provided.

The Role Of The Lawyer In Matrimonial Cases, Eric D. Turner

Villanova Law Review (1956 - )

No abstract provided.

Kentucky Law Survey: Domestic Relations, W. Stokes Harris, Andrea K. Donoho

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Domestic Relations, Steven S. Crone

Kentucky Law Journal

No abstract provided.

Constitutional Law - Due Process - Minor Child May Be Voluntarily Committed To Mental Institution By Parents Or Guardian Following Precommitment Approval By A Staff Psychiatrist, Provided That The Child's Condition Is Then Periodically Reviewed, Helene M. Koller

Villanova Law Review (1956 - )

No abstract provided.

Social Security Act - Widow's Social Security Benefits Extended To Woman Whose Marriage Was Technically Invalid Under Pennsylvania's Paramour Statute, Barbara A. Schneller

Villanova Law Review (1956 - )

No abstract provided.

Liberty And Lawyers In Child Protection, Donald N. Duquette

Book Chapters

The distinguishing feature of the juvenile or family court which sets it apart from, all other elements of the child protection system is that the court acts as arbiter of personal liberty. When society at large, through child protective services, attempts to intervene in the private life of a family on behalf of a child, the court must assure that the rights of the parents, the rights of the child, and the rights of. the society are protected and are abridged only after full and fair and objective court process. Only the court can abridge these personal rights in other …

An Analysis Of The Unwed Father's Adoption Rights In Light Of Caban V. Mohammed: A Foundation In Federal Law For A Necessary Redrafting Of The Pennsylvania Adoption Act, Richard Gutekunst

Villanova Law Review (1956 - )

No abstract provided.

The New Pennsylvania Divorce Code, Lynne Z. Gold-Bikin, Jack A. Rounick

Villanova Law Review (1956 - )

No abstract provided.

Pennsylvania's Developing Child Custody Law, Emanuel A. Bertin, Vanessa Anthony Klein

Villanova Law Review (1956 - )

No abstract provided.

The Battered Spouse Syndrome As A Defense To A Homicide Charge Under The Pennsylvania Crimes Code, Doris Del Tosto

Villanova Law Review (1956 - )

No abstract provided.

Casenote, Constitutional Law--Equal Protection--New York Statute Requiring Consent Of Mother, But Not Of Father, As Prerequisite To Adoption Of Illegitimate Child Violates The Fourteenth Amendment Because It Draws Gender-Based Distinction Which Bears No Substantial Relation To State Interest In Encouraging Adoption Of Illegitimate Children--Caban V. Mohammed, 441 U.S. 380 (1979), Mary F. Radford

Faculty Publications By Year

No abstract provided.

The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn

Articles

The estate tax marital deduction, section 2056 of the Internal Revenue Code, was enacted in 1948, along with the split-income provisions of the income tax law and the marital deduction and split-gift provisions of the gift tax law. The purpose was to give married residents of common law states approximately the same federal tax advantages that were available to married residents of community property states. Ordinarily, upon the death of a married resident of a community property state, only one-half of the community property is taxed in the decedent's estate. Section 2056 achieves approximately the same result for married residents …