From Orphans To Families In Crisis: Parental Rights Matters In Maine Probate Courts,
2015
University of Maine School of Law
From Orphans To Families In Crisis: Parental Rights Matters In Maine Probate Courts, Deirdre M. Smith
Faculty Publications
This Article examines the sources of the contemporary problems associated with the adjudication of parental rights matters in Maine’s probate courts and identifies specific reforms to address both the structural and substantive law problems. The Article first reviews the development of Maine’s probate courts and their jurisdiction over parental rights matters. It traces the expansion of jurisdiction over children and families from a limited role incidental to the administration of a decedent’s estate to the current scope: a range of matters that may result in the limitation, suspension, or termination of the rights of living parents. Maine probate courts now …
Dissolution Of Marriage - "Fresh Air In Family Court",
2015
The University of Akron
Dissolution Of Marriage - "Fresh Air In Family Court", John R. Milligan
Akron Law Review
The state has a vital interest in marriage and divorce as a matter of public policy. Divorce is not simply a private controversy between husband and wife. The family relationship is the basis of our society, and its preservation is a matter of state concern. Publication or circulation of any article "with the intent to procure or aid in procuring divorces, either in this state or elsewhere" is made a crime punishable by a fine of $25 to $500 and/or six months' imprisonment.
The Effect Of The Change In The Age Of Majority On Prior Divorce Decrees Providing For Child Support,
2015
The University of Akron
The Effect Of The Change In The Age Of Majority On Prior Divorce Decrees Providing For Child Support, Stephen F. Ahern
Akron Law Review
The purpose of this article is to consider the effect of the statutory change in the age of majority on the construction and enforcement of support orders entered prior to the effective date of the new statutory age. The goal is to provide the domestic relations practitioner with a shorthand guide as to how these issues have been decided in Ohio and in other states and, finally, to provide an analysis of these decisions.
Marriage Rights; Homosexuals And Transsexuals; B. V. B.,,
2015
The University of Akron
Marriage Rights; Homosexuals And Transsexuals; B. V. B.,, William D. Lentz
Akron Law Review
WHAT IS A MARRIAGE? Although there are several definitions, they all contain one common element: the union of one man and one woman. However, if a particular state had no statute which specifically required that marriage be between a man and a woman would the courts uphold a marriage between members of the same sex? The New York Supreme Court, in B. v. B., answered that question in the negative. In that case the wife brought an action for annulment on the ground that her husband was a female, and the husband attempted to amend his answer and counterclaim for …
Divorce - Pendente Lite Awards - Counsel Fees - Costs - Alimony - Effect Of Equal Rights Amendment; Wiegand V. Wiegand,
2015
The University of Akron
Divorce - Pendente Lite Awards - Counsel Fees - Costs - Alimony - Effect Of Equal Rights Amendment; Wiegand V. Wiegand, Joseph M. Donley
Akron Law Review
THE PENNSYLVANIA SUPERIOR COURT, in Wiegand v. Wiegand,struck out at one of the true bastions of sex discrimination incorporated into the Anglo-American legal system. The legislated discrimination of the Pennsylvania Divorce Law was the object of the court's scrutiny. Appellee Sara Wiegand had filed a complaint in divorce a mensa et thora, a petition for alimony, and an initial petition for alimony pendente lite, counsel fees, and expenses. On August 14, 1967, the Court of Common Pleas, Allegheny County, ordered appellant Myron Wiegand to pay $875 per month alimony pendente lite and $250 preliminary counsel fees. Subsequently, appellee filed additional …
Divorce And Alimony; Separation Agreements; Jurisdiction Of Court To Modify; Impairment Of Contract; Statutory Provisions; Wolfe V. Wolfe,
2015
The University of Akron
Divorce And Alimony; Separation Agreements; Jurisdiction Of Court To Modify; Impairment Of Contract; Statutory Provisions; Wolfe V. Wolfe, John J. Lavin
Akron Law Review
WITH THE decision of Wolfe v. Wolfe 1 the Ohio Supreme Court joins the majority of American jurisdictions' which hold that where a court has the general power to modify a decree for alimony or support the exercise of that power is not affected by the fact that the decree is based on an agreement entered into by the parties to the action
Divorce And Alimony; Separation Agreements; Jurisdiction Of Court To Modify; Impairment Of Contract; Statutory Provisions; Wolfe V. Wolfe,
2015
The University of Akron
Divorce And Alimony; Separation Agreements; Jurisdiction Of Court To Modify; Impairment Of Contract; Statutory Provisions; Wolfe V. Wolfe, John J. Lavin
Akron Law Review
WITH THE decision of Wolfe v. Wolfe the Ohio Supreme Court joins the majority of American jurisdictions' which hold that where a court has the general power to modify a decree for alimony or support the exercise of that power is not affected by the fact that the decree is based on an agreement entered into by the parties to the action.
The Plight Of The Interstate Child In American Courts,
2015
The University of Akron
The Plight Of The Interstate Child In American Courts, Leona Mary Hudak
Akron Law Review
FOR EVERY THREE MARRIAGES solemnized in the United States each year, one divorce is granted. In some states the statistics approach one for every two. Yet, it is not these almost overwhelming statistics which are the most pernicious aspects of the broken American marriage, but rather the tragic aftermath revolving about custody-visitation when children are involved. Therein lies an opprobrious indictment of the American juridical-legal-legislative system.' For with the official rescission of the nuptial contract begin the devious, sometimes vengeful and often heart-rending machinations and maneuvers of "noncustodian v. custodian" hearing and rehearing,' on the courtroom stages of 52 jurisdictions-all …
Does The Russian Adoption Ban Violate International Law?,
2015
Brigham Young University Law School
Does The Russian Adoption Ban Violate International Law?, Christina Champenois
Brigham Young University International Law & Management Review
No abstract provided.
Child Custody Jurisdiction In Ohio - Implementing The Uniform Child Custody Jurisdiction Act,
2015
The University of Akron
Child Custody Jurisdiction In Ohio - Implementing The Uniform Child Custody Jurisdiction Act, Evelyn Leonard Kosicki
Akron Law Review
Reflecting upon the drafters' purposes, this comment will discuss the judicial and legislative ambiguity in Ohio which necessitated legislative change. It will also compare Ohio's child custody litigation prior to the enactment of the U.C.C.J.A. with the results that are likely to be obtained in today's child custody litigation. In addition, it will examine the statutory procedures which now govern child custody litigation and areas of concern which remain to be challenged.
Equal Protection; State Alimony Statutes; Sex Discrimination; Orr V. Orr,
2015
The University of Akron
Equal Protection; State Alimony Statutes; Sex Discrimination; Orr V. Orr, David A. Detec, Jane L. Thomas-Moore
Akron Law Review
In Orr v. Orr the United States Supreme Court held unconstitutional the Alabama alimony statutes which provided that husbands, but not wives, may be required to pay alimony upon divorce. The Court's principal reason for so holding was the statutes' violation of the Equal Protection Clause of the fourteenth amendment on the basis of sex discrimination.
Domestic Relations: Legal Responses To Wife Beating: Theory And Practice In Ohio,
2015
The University of Akron
Domestic Relations: Legal Responses To Wife Beating: Theory And Practice In Ohio, Nancy Grim
Akron Law Review
Legislation, like Ohio's Domestic Violence Act, has been heralded by battered women's advocates. Much discussion about the limitations of traditional remedies and institutional obstacles preceded the passage of such statutes; but it takes more than words in a statute to effect change. Statutory language can be interpreted in various ways and must withstand constitutional scrutiny. Every aspect of institutional involvement can promote or hinder the purposes of the Act. This comment examines Ohio's Domestic Violence Act in light of actual practice and interpretations. It is hoped that an analysis of the legal operation of the Act as well as extra-legal …
Reunification Planning For Children In Custody Of Ohio's Children Services Boards: What Does The Law Require?,
2015
The University of Akron
Reunification Planning For Children In Custody Of Ohio's Children Services Boards: What Does The Law Require?, Norma Blank
Akron Law Review
Ohio law mandates that each of its eighty-eight counties has a county department of welfare or a county children services board with powers and duties to provide appropriate care, protection or services to children whose situations warrant such intervention. This mandate is a reflection of society's recognition that where there is parental incapacity to provide a safe and healthful home environment for the children, the state has an obligation to intervene in the children's behalf. For some families this ultimately results in the termination of parental rights and the permanent placement of the children outside the parental home.
Family Law Symposium Introduction,
2015
The University of Akron
Family Law Symposium Introduction, Marvin M. Moore
Akron Law Review
Each of the following three articles provides a comprehensive examination of a serious problem besetting the family unit, and each considers the merits of a recently-enacted or proposed reform designed to respond to the particular problem. The timeliness of the articles is disclosed by the fact that the reforms being evaluated have all attained enactment or serious consideration subsequent to 1980.
Divorce Mediation: A New Solution To Old Problems,
2015
The University of Akron
Divorce Mediation: A New Solution To Old Problems, Victoria E. Solomon
Akron Law Review
The American Bar has traditionally operated as if the practice of law was a profession unto itself, totally unrelated to other disciplines. Fortunately, there is today a growing recognition that the law can be neither developed nor applied in a vacuum. In order to best serve the needs of one's clients and of the legal system as a whole it is necessary to draw upon knowledge evolved in other fields such as economics, history, sociology and psychology. Divorce, for example, is a phenomenon with not only legal but also broad sociological and psychological implications which must be considered in any …
A Survey Of State Law Authorizing Stepparent Adoptions Without The Noncustodial Parent's Consent,
2015
The University of Akron
A Survey Of State Law Authorizing Stepparent Adoptions Without The Noncustodial Parent's Consent, Larry K. Laskiewicz
Akron Law Review
The increase of divorce and remarriage in American society has radically changed the concept of family. A typical family may no longer be composed of two parents and their biological off-springs living in the same household. The trend is toward a stepfamily composed of a parent, a biological child, a spouse, and the spouse's child. This paper essentially concerns the ability of a stepparent (in most cases, a stepfather), married to a custodial natural parent, to adopt a minor child from a previous marriage without the consent of the noncustodial natural parent.
Should A Professional Degree Be Considered A Marital Asset Upon Divorce?,
2015
The University of Akron
Should A Professional Degree Be Considered A Marital Asset Upon Divorce?, Marvin M. Moore
Akron Law Review
Although all four responses have their advocates, it appears that treating the degree as marital property is the most popular response among legal writers and the alimony response is the one most frequently utilized by the courts. It is the position of this writer that the fairest and most practical solution is the restitutional response: to treat the husband's professional degree as a form of marital property and to award the wife restitution for her contributions to its acquisition.
Interspousal Immunity In Ohio After Prem V. Cox,
2015
The University of Akron
Interspousal Immunity In Ohio After Prem V. Cox, Jean M. Floasin
Akron Law Review
AT FIRST BLUSH, the January 5, 1983 Ohio Supreme Court decision in Prem v. Cox, may lead opponents of the interspousal immunity doctrine to believe that the doctrine has been abrogated in Ohio. But such an analysis might be too optimistic. Prem involved a wrongful death action brought by the deceased wife's estate against her husband and the driver of a second vehicle. The decedent's husband was driving the automobile in which the decedent was a passenger when it collided with another vehicle. The husband's motion for summary judgment based on the doctrine of interspousal immunity was granted by …
Parents, Judges, And A Minor's Abortion Decision: Third Party Participation And The Evolution Of A Judicial Alternative,
2015
The University of Akron
Parents, Judges, And A Minor's Abortion Decision: Third Party Participation And The Evolution Of A Judicial Alternative, William Green
Akron Law Review
This article will examine the Supreme Court's modification of Roe v. Wade to permit third party participation in a minor's abortion decision-making: how it originated, what direction it has taken and at whose initiative, and what issues remain. This article will argue that the Court's difficulty in resolving this issue resulted from the justices' disagreement over what recognition, if any, should be given to the minor-related interests that states have asserted to support third party involvement. This article will also argue that the Court's eventual ability to reach agreement was due primarily to the policy leadership of Justice Powell. Part …
Parents' Support Obligations To Their Adult Children,
2015
The University of Akron
Parents' Support Obligations To Their Adult Children, Marvin M. Moore
Akron Law Review
The average parent is likely to assume that his legal obligations to his children terminate upon the child's attainment of majority. This was, in fact, the common law rule, and it is true in a few states today. However, most jurisdictions, through statute or court decision, have made parents responsible for the maintenance of their physically or mentally incapacitated adult children, and a number of states have authorized courts to order divorced parents to help defray their post-majority childrens' high school and/or college expenses. The purpose of this article is to examine and evaluate the states' support laws insofar as …
