Family Law Commons^™

Putative Father's Visitation Rights, John F. Harkins

Cleveland State Law Review

A problem contiunally encountered in the enforcement of child support payments ordered in a proceeding in Bastardy arises when the mother of the child, in whose custody the child remains, refuses to allow the putative father reasonable periods of visitation. In numerous cases, visits with child are denied, even when the putative father regularly pays the weekly support and, in addition, expresses a genuine affection and concern toward the well-being of the child. Assuming that the putative father desires an association with his illegitimate child which the mother refuses, what remedies does or should the putative father have?

Family Law--Custody Of Children, William Edward Hudson

Kentucky Law Journal

No abstract provided.

Social Security Benefits For Illegitimate Children After Levy V. Louisiana, Herbert Semmel

Buffalo Law Review

No abstract provided.

Parental Immunity- Its Effect On Vicarious Liability

University of Richmond Law Review

Parental immunity prohibits a child from instituting a suit against his parent for a personal tort. However, when a child has sustained injury as a result of his parent's tortious act committed in the course of his employment, and the child seeks recovery against his parent's employer under the doctrine of respondeat superior, the majority of jurisdictions feel that this immunity is purely personal and should not be extended to the employer.

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Bastardy Proceedings - A Proposal, Harry W. Greenfield

Cleveland State Law Review

The putative father's rights in bastardy proceedings are in need of protection. It is true that many a defendant is indeed the father of the child; however, the the defendant, be he guilty or innocent, must be upheld. The father may face jail anytime he cannot adequately explain to the court why he had not been making his support payments. Over the years the courts have allowed civil procedure to govern quasi-criminal cases in this area of law. The courts have rationalized their position by emphasizing that the purpose of a bastardy action is solely financial redress. There is a …

Blood Grouping Tests And The Presumption Of Legitimacy

University of Richmond Law Review

This comment deals briefly with the presumption that a child born to a married couple is the legitimate issue of that marriage. The status of this presumption in Virginia is considered in light of the Virginia statute authorizing the use of blood grouping tests in certain cases where the paternity of a child born during wedlock is at issue. The constitutionality of such tests is not within the scope of this comment.

Recent Decisions

University of Richmond Law Review

This is a summary of the case law that was decided in 1970.

Scholarship On Soviet Family Law In Perspective, Whitmore Gray

Articles

The radical changes in the norms of Soviet family law over the past fifty years have reflected the convulsions of Soviet society as well as the revisions of Marxism-Leninism-Stalinism. This paper is a commentary on the writing in this field by Americans in particular, and by other non-Soviets in general. In view of the volume of writing in this field, it has been necessary to limit discussion in the text to a few representative articles illustrating a few of the subject matters treated and various typical approaches employed. The topic is a particularly timely one, for new, comprehensive Principles of …

An Idigent's Right To An In Forma Pauperis Proceeding In Pennsylvania Divorce Litigation - Analysis And A Proposal, Richard W. Hoolstein, Michael R. Stiles

Villanova Law Review (1956 - )

No abstract provided.

Divisible Divorce In Maryland - Does It Exist? - Dackman V. Dackman

Maryland Law Review

No abstract provided.

Abortion And Legal Rationality, John M. Finnis

Journal Articles

This article concerns the legitimacy of various legal schemes for dealing with abortion. Legitimacy in one sense is secured simply by complying with the formal criteria for valid law-making: enactment within power and in due form. But jurists have learned (or re-learned) that more can be said about legitimacy, without betraying the purity of their discipline by moralizing and advocacy. From this development in jurisprudential thought emerges the range of questions and criteria deployed in the present study.

Aftermath Of Apprehension: Family Lawyer's Response, Robert F. Drinan S.J.

University of Michigan Journal of Law Reform

It is contended here that Gold and Williams' statement of their thesis in National Study of the Aftermath of Apprehension that "apprehension itself encourages rather than deters further delinquency" is not what their research proves. The research proves rather that the revelation of the apprehension to the delinquent's parents without the consent of the youth apprehended is the real cause of the youth's further delinquency. Stated more precisely, it is the attitude of the parents towards the youth who has been apprehended by the police which is the critical factor in encouraging or deterring the youth from further delinquency.

Domestic Relations - The Effect Of Mental Incompetence In Divorce Proceedings - Crittenden V. Crittenden, 210 Va. 76, 168 S.E. 2d 115 (1969), Nicholas John Deroma

William & Mary Law Review

No abstract provided.

Book Notes, Law Review Staff

Vanderbilt Law Review

The Child Savers: The Invention of Delinquency By Anthony M. Platt Chicago: University of Chicago Press, 1969. Pp. ix, 202.$8.50.

=============================

Juvenile Delinquency and Urban Areas (rev. ed.) By Clifford R.Shaw & Henry D. McKay Chicago: University of Chicago Press,1969. Pp. 394.

=============================

The Positive School of Criminology Edited by Stanley E. Grupp Pittsburgh: University of Pittsburgh Press, 1968. Pp. vi, 114. $5.95.

=============================

State and Local Tax Problems Edited by Harry L. Johnson Knoxville: University of Tennessee Press, 1969. Pp. xiii, 190. $7.50.

=============================

Tension in the Cities By James A. Bayton Philadelphia: Chilton Book Co., 1969. Pp. x, …

The Uniform Child Custody Jurisdiction Act: A Legislative Remedy For Children Caught In The Conflict Of Laws, Brigitte M. Bodenheimer

Vanderbilt Law Review

The National Conference of Commissioners on Uniform State Laws has approved and recommended for enactment in all the states a Uniform Child Custody Jurisdiction Act. This Act is designed to alleviate the plight of "interstate children" an apt phrase coined by Professor Ehrenzweig and descriptive of the rootlessness of children shifted from state to state--who are the victims of custody battles often fought in the courts of more than one state or a state and a foreign country. In this article, Mrs. Bodenheimer, Reporter for the Special Committee which drafted the Act, describes the social and legal causes of the …

Domestic Relations--Constitutionality Of The West Virginia Nonsupport Statute, David L. Core

West Virginia Law Review

No abstract provided.

Parent-Child Immunity: The Case For Abolition, Christine V. Pate

San Diego Law Review

"However repugnant it may seem that a minor child should sue his own father, it is equally repugnant that a child injured by his parent's negligence, perhaps maimed for life should have no redress for the injury he has suffered." This anomaly exists today in the majority of jurisdictions which recognize the parent-child immunity. The origins of this rule, its exceptions and its present status nationwide and in California reflect a judicial determination not to interfere with the basic unit of our society, the family.

Divorce Recognition - A Two-Headed Monster: Full Faith And Credit Due Process, Richard A. Williamson

Faculty Publications

No abstract provided.

Domestic Relations - Gifts In Contemplation Of Marriage, William C. Costopoulos

Duquesne Law Review

The Supreme Court of New York held that a donor could not recover an engagement ring upon donee's renouncing her intention to marry him, where the contract to marry was void since the donor was already married.

Lowe v. Quinn, 301 N.Y.S.2d 361 (Ist Dep't 1969).

Requiring Indigent Seeking Divorce To Pay Cost Of Service By Publication Held Denial Of Equal Access To Courts - Jeffreys V. Jeffreys

Maryland Law Review

No abstract provided.

Grounds And Defenses To Divorce In Pennsylvania, Robert A. Ebenstein

Villanova Law Review (1956 - )

No abstract provided.

Permanent Alimony Upon Absolute Divorce - A Necessary Change In Pennsylvania Law, David J. Griffith

Villanova Law Review (1956 - )

No abstract provided.

The Response Of Some Relevant Community Resources To Intra-Family Violence, Raymond I. Parnas

Indiana Law Journal

No abstract provided.

Denial Of Loss Of Consortium To Wife As Violation Of Fourteenth Amendment Right Of Equal Protection, Ann L. Mccallister

Indiana Law Journal

No abstract provided.

Court Ordered Non-Emergency Medical Care For Infants, James A. Baker

Cleveland State Law Review

It has long been recognized that a privilege to act is a perfect defense to liability for a non-consensual, intentional interference with another person. This privilege is based upon self defense, defense of third persons, mistake, or various other recognized legal theories. Even a state may have a privilege to interfere with the person of a citizen, and this privilege may extend to an interference to provide an infant citizen with medical care without the consent of, or against the express wishes of, the parent or guardian.

Artificial Insemination: No Longer A Quagmire, George P. Smith Ii

Scholarly Articles

With the recent decision in People v. Sorenson, a significant departure in ritualistic thinking in the area of domestic relations was signaled when it was determined that if a consenting husband allows an act of artificial insemination to be performed on his wife, and the positive result of the act is a child, the husband is-accordingly-liable for the child's support. No social stigma of illegitimacy will be imprinted on the child and no question of adultery can be raised as to the wife and donor or doctor.

Proposed Legislation: It's Time To Abolish Dower And Curtesy In Virginia, Joseph L. Lewis

University of Richmond Law Review

In its deliberations during 1966 and 1967 regarding estates of decedents, the Virginia Advisory Legislative Council gave particular consideration to the advisability of abolishing the contingent rights of dower and curtesy in Virginia. The VALC had to determine what interests, if any, should be reserved to the surviving consort, and whether the distinction between real and personal property in intestate succession should be abolished.

Lack Of Due Process In Virginia Contempt Proceeding For Failure To Comply With Order For Support And Alimony

University of Richmond Law Review

At common law a husband had a legal duty' to support his wife and children. Today in Virginia failure to support one's family is not simply a violation of a legal duty, it is a criminal act, carrying a penalty of up to twelve months at hard labor for the delinquent husband. The wife, however, without resorting to this criminal action, can effectuate the same result in a civil proceeding before a divorce court.

Selected Aspects Of Domestic Relations In Pennsylvania - Separation Agreements Under Pennsylvania Law: The Impact Of Domestic Policy On Private Contracts, David J. Griffith

Villanova Law Review (1956 - )

No abstract provided.