Family Law Commons^™

Parham V. Hughes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Califano V. Westcott, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Orr V. Orr, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Califano V. Boles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Addington V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Cohabitation: New Views On A New Lifestyle, D. Judith Keith, Ronald L. Nelson

Florida State University Law Review

No abstract provided.

Child Support: The Double Standard, Karen Colby Weiner

Florida State University Law Review

No abstract provided.

The Proposed Arkansas Uniform Child Custody Jurisdiction Act, Edward O. Moody

University of Arkansas at Little Rock Law Review

No abstract provided.

Duty Of Continued Child Support Past The Age Of Majority, James M. Ammel

University of Arkansas at Little Rock Law Review

No abstract provided.

Domestic Relations—Breach Of Promise To Marry: Relic Revisited To Exclude Expectation Damages—Stanard V. Bolin, 88 Wn. 2d 614, 565 P.2d 94 (1977), D. Joseph Hurson

Washington Law Review

Plaintiff, relying on defendant's proposal of marriage, trained a replacement for her job, placed her home for sale, sold her furniture, and incurred normal expenses incidental to a future union. One month before the date of marriage, defendant informed plaintiff he would not fulfill his promise of marriage; she subsequently became ill, repurchased her home furnishings, and cancelled all wedding plans. Plaintiff brought suit for breach of promise to marry, seeking damages for (1) direct pecuniary losses; (2) pain, impairment to health, humiliation, embarrassment; and (3) loss of the expected financial security of marriage. The superior court dismissed the complaint …

Domestic Relations—Tentative Requirement Of Disclosure And Independent Counsel For Marital Agreements—In Re Marriage Of Hadley, 88 Wn. 2d 649, 569 P.2d 790 (1977), Bruce Judd

Washington Law Review

Plaintiff husband and defendant wife executed three property status agreements during their marriage after discovering that the wife had multiple sclerosis. The couple's personal and business counsel drafted the agreements to minimize the wife's death and estate taxes. Before signing the agreements, the wife received advice from the family counsel and travelled to her husband's properties. In addition, the wife engaged another attorney to examine the agreements, but he declined to give her advice because she failed to provide him with necessary information. The husband obtained a dissolution decree embodying the agreements. On appeal, the Washington Supreme Court held (5-3) …

An Evolutionary Consideration Of The Marriage Formalities Of Licensure And Solemnization As Manifested In Contemporary English And North Carolinian Statutory Law, Donald A. Powell

North Carolina Central Law Review

No abstract provided.

Alternatives To Absolute Termination Of Parental Rights After Long-Term Foster Caret, Andre P. Derdeyn, Andrew R. Rogoff, Scott W. Williams

Vanderbilt Law Review

This Article will explore in detail the variety of child placement arrangements, both within and outside the system, which can be tailored to meet the needs of children and their biological or foster parents. This examination will reveal numerous statutory reforms and recent judicial decisions that promise increasingly flexible approaches to the traditional custodial alternatives following long-term foster care. Particular emphasis will be devoted to the termination of parental rights case that first united the authors and confronted them with the fact that none of the traditional legal alternatives available to those children could adequately meet their emotional needs.

The Tender Years Presumption In Child Custody Determinations: J. B. V. A. B., Vicki Obenchain Tucker

West Virginia Law Review

No abstract provided.

Ex-Wife May Bring Garnishment Proceedings To Secure Her Share Of Ex-Husband's Military Retirement Pay Under The Federal Consent Statute., Howard E. Strackbein

St. Mary's Law Journal

Abstract Forthcoming.

Natzia V. Natzia, David Bechor, Moshe Etzioni, Alfred Witkon

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience.]

The appeal focused upon the dismissal of the Appellant’s request to enforce a condition of a divorce agreement with the Respondent concerning the erection of a wall to divide their apartment.

The Supreme Court held:

1. (1)        Section 2 of the Spouses (Property Relations) Law, 5733-1973, which requires the confirmation of a property agreement by a civil or rabbinical court, also applies to spouses married prior to the enactment of that law.

(2)The Spouses (Property Relations) Law, 5733-1973, is very strict in regard to a …

Proof Of Paternity - The New Test, J. Rodney Johnson

Law Faculty Publications

The true identity of a child's father has been the subject of speculation in many a case, literally speaking, as far back as the memory of man runneth. And, the rather obvious social problem giving occasion to this speculation refuses to remain a facet of our moral history. Indeed, if statistics relating to the number of illegitimate births in the United States can be viewed as a valid indicator of the magnitude of this problem of speculative paternity in contemporary times, the problem has never been greater.

Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka

Washington Law Review

This note presents two analyses of the Olson decision. Under the first analysis, the amended Initiative is interpreted to require a writing executed by the marital community in order to convert property from community to joint tenancy ownership. It is argued that this interpretation is unreasonable and will produce an unsatisfactory result in some cases. The second analysis is based on community property law: both spouses must participate in the change of ownership because the property rights of both are affected. This reasoning better supports the Olson decision. It was incompletely developed in the opinion, however, because the court did …

Sterilization, Retardation, And Parental Authority

BYU Law Review

No abstract provided.

State V. Smith: Presumption Of Husband's Coercion Over Wife, Kevin O. Easley

North Carolina Central Law Review

No abstract provided.

Blythe V. Seagraves: North Carolina Treats The Issue Of Whether A Minor And Her Parents May Legally Consent To The Minor's Participation, As Donor, In A Kidney Transplant, David W. Herman

North Carolina Central Law Review

No abstract provided.

Closing The Custody Floodgate: Florida Adopts The Uniform Child Custody Jurisdiction Act, Barry Kutun, Roberta Fox

Florida State University Law Review

No abstract provided.

Domestic Relations—Separation Agreement Provision For Child's College Education Held Binding In An Action For Child Support—Boden V. Boden, Susan K. Vanderlinde

Buffalo Law Review

No abstract provided.

Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown

Faculty Scholarship

No abstract provided.

Wright V. Commissioner, 62 T.C. 377 (1974), Aff'd, 543 F.2d 593 (7th Cir. 1976), Ruth L. Gokel

Florida State University Law Review

Income Tax- PROPERTY SETTLEMENT IN DIVORCE- AN UNSETTLED AREA OF SETTLED LAW.

The Illinois Marriage And Dissolution Of Marriage Act: New Solutions To Old Problems, 12 J. Marshall J. Prac. & Proc. 1 (1978), Michael G. Heyman

UIC Law Review

No abstract provided.

Does Virginia Deny Indigents The Right To Divorce?, Jackson M. Bruce

University of Richmond Law Review

The United States Supreme Court in Boddie v. Connecticut held that a state denies due process of law to indigent persons by refusing to permit them to bring divorce actions except on payment of court fees and service-of-process costs. Virginia allows a waiver of court fees by its in forma paupersstatute, Va. Code Ann. § 14.1-183 (Repl. Vol. 1977), but the Commonwealth continues to require indigents to serve by newspaper publication any non-resident defendant who otherwise cannot be served. Newspaper publication costs in the city of Richmond approximate $150. This practice directly confronts the Boddie mandate that ". . . …

Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers

West Virginia Law Review

No abstract provided.

Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson

West Virginia Law Review

In situations where a child has been killed or injured as the result of a third party's negligent, tortious act, case law overwhelmingly supports the view that a parent may not recover damages from the third-party tortfeasor for the loss of the child's society and companionship. A growing minority of cases, however, have expreessly recognized that such losses are recoverable, and other cases have employed language susceptible to the interpretation that recovery for such losses may be allowed. While most of this development has been in the area of wrongful death, rather than personal injury, the analysis for one area …

Termination Of Parental Rights In Washington, Sandy D. Mcdade

Seattle University Law Review

Prior to 1978, Washington allowed trial judges broad discretion to decide, on a case by case basis, the necessity of terminating parental rights. The recently adopted Juvenile Court Act in Cases Relating to Dependency of A Child and the Termination of a Parent and Child Relationship represents a legislative attempt to nurture the family unit by severely limiting trial court discretion. The new law provides standards making judicial termination of parental rights difficult in all cases. The Institute of Judicial Administration and the American Bar Association also have jointly proposed standards limiting trial court discretion in termination proceedings. The ABA …