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Juvenile Law Commons

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Custody

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Institution
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Articles 31 - 42 of 42

Full-Text Articles in Juvenile Law

Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie Jan 1997

Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The thesis of this brief article is simply that the tobacco habits of a parent are relevant and worthy of consideration when a child is asthmatic, or suffers from some other definable medical condition which would be exacerbated by passive smoke. However, when the child is healthy and there exists no definitive short-term medical risk, the issue should be irrelevant. In other words, the court should consider those factors, and only those factors, which are of significant importance to the child, such as stability, caretaker skills, home environment and the child's wishes. Concededly, second-hand smoke is harmful even to a …


Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie Jan 1995

Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

This response to Justice Sondra Miller’s article will first discuss the competing interests and expectations of the parties to a relocation dispute, and briefly outline the national view or views. In fact, there is no national standard, or anything approaching a consensus among the states. The New York experience under the exceptional circumstances standard will then be analyzed and appraised. My conclusion is that the standard should be maintained, although I believe that the Court of Appeals should revisit the issue to clarify the factors and criteria relevant to a determination.


The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera Jan 1991

The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera

Journal of Law and Health

In this article, we will examine the conditions which have created the boarder baby epidemic and the attendant problem of lack of availability of foster care. We will briefly examine the social, cultural, psychological and political parameters which have determined the dynamics of this problem. Finally, we will review some earlier attempts toward the resolution of the problem and provide an overview evaluating the bona fides of those approaches. Our analysis will also draw upon relevant events which have occurred in other American cities that help us to understand this problem.


Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio Jan 1988

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.


Visitation Beyond The Traditional Limitations, Michael J. Lewinsky Jan 1984

Visitation Beyond The Traditional Limitations, Michael J. Lewinsky

Indiana Law Journal

No abstract provided.


The Psychotherapist-Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey Jan 1981

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 …


Family Law–Child Custody–Counsel For Children Permitted, Deborah R. Sallings Apr 1980

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

University of Arkansas at Little Rock Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1972

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Equal Protection For The Illegitimate, Harry D. Krause Jan 1967

Equal Protection For The Illegitimate, Harry D. Krause

Michigan Law Review

In our time the general constitutional phrase promising equal protection has become specific law. It has been used to invalidate many state statutes which discriminated on the basis of race or other arbitrary criteria. Definite rules have been developed for this process of invalidation. These rules will be applied below to state and federal legislation that favors the legitimate child and discriminates against the illegitimate in matters of inheritance rights, rights of support, rights of name and custody, and social welfare. The question that will be asked is whether state and federal legislation may constitutionally discriminate between children on the …


Foster Parents Versus Agencies: A Case Study In The Judicial Application Of "The Best Interests Of The Child" Doctrine, Sanford N. Katz Jan 1966

Foster Parents Versus Agencies: A Case Study In The Judicial Application Of "The Best Interests Of The Child" Doctrine, Sanford N. Katz

Michigan Law Review

A recurring problem which courts face is the need to resolve the conflict which arises when foster parents challenge the decision of agencies that have disqualified these persons from continuing their relationship with or adopting their foster child. This article will explore the role of courts in resolving these disputes and will suggest some criteria by which the courts may be guided in deciding such questions.


Foreword: Student Symposium On The Child And The Law, Dan Hopson Jr. Jan 1962

Foreword: Student Symposium On The Child And The Law, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.


State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock Nov 1931

State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock

Michigan Law Review

The Report on the Child Offender in the Federal System of Justice recommends the enactment of federal legislation which will provide means of utilizing the machinery of existing state juvenile courts where federal laws have been violated by children. The details of such legislation are not suggested in the Report. The legal questions to be encountered in the framing of such legislation call for careful consideration if full advantage is to be taken of the knowledge which the study made for the Commission furnishes. Some of the questions of more general interest will be taken as the subject of this …