Family Law Commons^™

In Re Guardianship Of N.M., 131 Nev. Adv. Op. 75 (September 24, 2015), Daniel Ormsby

Nevada Supreme Court Summaries

The Court heard an appeal from a parent-appellant challenging a district court’s exercise of temporary emergency jurisdiction to appoint a temporary, non-parent, guardian and general, non-parent, guardian. Affirmed.

Joanna T. V. Nevada, 131 Nev. Adv. Op. 77 (Sep 24, 2015), Audra Powell

Nevada Supreme Court Summaries

The court considered whether NRCP 4(i)’s 120 day requirement for service of a summons applied to cases filed under NRS § 432B, for protection of children from neglect and abuse. The court held that the 120 day requirement does not apply to cases filed under 432B and denied the petition for a writ of mandamus to order the juvenile court to dismiss an abuse-and-neglect petition on that premise.

In Re Parental Rights As To A.P.M., 131 Nev. Adv. Op. 66 (Sept. 10, 2015), Douglas H. Smith

Nevada Supreme Court Summaries

On appeal from an order for termination of parental rights, the Nevada Supreme Court held, by a vote of 4-2, that (1) the district court may terminate parental rights notwithstanding a completed case plan for reunification if the decision is otherwise warranted under NRS §128.105; that (2) the court need not wait a full 20 months to apply the statutory presumptions of NRS §128.109(1)(a) and NRS §128.109(2) if a child has been removed from his or her parents’ home pursuant to Chapter 32B for at least 14 months of any consecutive 20-month period; and that (3) upon application of these …

We Wouldn’T Be Here If It Weren’T For Them: Encouraging Family Caregiving Of Indigent Parents Through Filial Responsibility Laws, Katie Sisaket

Journal of Public Law and Policy

No abstract provided.

Trending @ Rwulaw: Veronica Paricio's Post: What We Did Last Summer..., Veronica Paricio

Law School Blogs

No abstract provided.

Termination Of Parental Rights Of Mentally Disabled Parents In New York: Suggestions For Fixing An Overbroad, Outdated Statute, Brandon R. White

Buffalo Public Interest Law Journal

No abstract provided.

Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke

Michigan Law Review First Impressions

The state of Texas denies birth certificates to children born in the United States—and thus citizens under the Fourteenth Amendment—if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Supreme Court’s substantive due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This Essay builds on my earlier analysis by examining United States v. Obergefell’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I argue, can …

Children Of The Incarcerated Small Grant Funding 2015, Anju K. Davidson

Center for the Study of Race & Race Relations: Lectures and Events

No abstract provided.

On The "Poverty Of Responsibility": A Study Of The History Of Child Protection Law And Jurisprudence In Nova Scotia, Ilana Luther

PhD Dissertations

This thesis presents a history of child protection law and jurisprudence in Nova Scotia. The thesis begins by examining the development of the first child protection statute in Canada, the Nova Scotia Prevention and Punishment of Wrongs to Children Act in 1882. The Act was developed amidst a climate of reform in late-19th century Halifax, at the urging of the Society for the Prevention of Cruelty to Animals. The Act, along with a number of other pieces of “domestic relations” legislation at the time, was focused on protecting children in poverty. With the passing of the Act, the legislature not …

No Money, No Lawyer — No Children: The Right To Counsel For Indigent Defendants In Nevada Termination Of Parental Rights Proceedings, Erik J. Foley

Nevada Law Journal

No abstract provided.

Abolish Fault-Oriented Divorce In Ohio - As A Service To Society And To Restore Dignity To The Domestic Relations Court, John D. Cannell

Akron Law Review

A PROMINENT COMMON PLEAS JUDGE, who for 10 years has been presiding in the Domestic Relations Division of the Court of Common Pleas of one of Ohio's more populated counties, was recently heard to say: "Ohio's divorce law is hypocritical, lousy and archaic." About Ohio's divorce laws it has also been said: "Perhaps there is no statute in Ohio more abused than the statute concerning 'divorce and alimony.' Perhaps there is no statute under which greater imposition is practiced upon the court and more injustice done to individuals." These were the words of Judge Hitchcock of the Ohio Supreme Court' …

Abolish Fault-Oriented Divorce In Ohio - As A Service To Society And To Restore Dignity To The Domestic Relations Court, John D. Cannell

Akron Law Review

A PROMINENT COMMON PLEAS JUDGE, who for 10 years has been presiding in the Domestic Relations Division of the Court of Common Pleas of one of Ohio's more populated counties, was recently heard to say: "Ohio's divorce law is hypocritical, lousy and archaic." About Ohio's divorce laws it has also been said: "Perhaps there is no statute in Ohio more abused than the statute concerning 'divorce and alimony.' Perhaps there is no statute under which greater imposition is practiced upon the court and more injustice done to individuals." These were the words of Judge Hitchcock of the Ohio Supreme Court …

Child Custody Contests - Rights Of The Father; Mcdanial V. Mcdanial, Howard Walton

Akron Law Review

In an Ohio divorce action when there is a contest for the custody of a minor child, the proper standard to be employed by the court is: what arrangement will be in the best interest of the child?' In an action for modification of a custody award the same standard is applicable. A statute provides that one parent is not preferred over the other; however, all other considerations being equal, custody will normally be given to the mother, provided that she is fit.

An Examination Of The Condonation Doctrine, Marvin M. Moore

Akron Law Review

Under American and English Law a spouse who has once condoned a marital transgression by his mate is thereafter barred from using that transgression as grounds for divorce. All of the common grounds for divorce, including adultery, cruelty, habitual drunkenness, and desertion, are subject to the condonation principle. The doctrine had its origin in the canon law of the Roman Catholic Church, where it was applied by the ecclesiastical courts in adjudicating petitions for divorce (amensa et thoro) grounded on cruelty or adultery. The principle survived the changes caused by the Reformation to subsist as part of English ecclesiastical law, …

An Examination Of Connivance, A Defense To Divorce, John W. Wheeler

Akron Law Review

"Connivance" has been defined as consent of the complainant, express or implied, to the misconduct now alleged as a ground for divorce." The element of corrupt consent is considered to be an essential ingredient. Once established, connivance represents a bar to a divorce. The courts have reasoned that a spouse whose conduct facilitated to the other's adultery has no more right to complain of his mate's sexual unfaithfulness than does a husband whose wife has been raped. The underlying principle is expressed by the latin aphorism, "Volenti non fit injuria," which means, "He who consents cannot receive an injury."

Mere …

The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio

Akron Law Review

It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.

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", 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, 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.,, 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 …