Family Law Commons^™

Void, Voidable, And The Limits Of Finality: Reconciling Equity And Public Policy In Illinois Child Support Orders, Julie M. Pirtle

Northern Illinois University Law Review

What happens when a 2012 agreed order, which dismisses a 2009 paternity finding, waives child support, and sets no parenting time, is challenged as void twelve years later and now Mother says Father has a $63,219.60 arrearage? My client, the Father and payor of support, was facing just that scenario. It is common knowledge that an out of court agreement to modify/terminate child support is not enforceable unless it is reduced to writing and approved by the courts. However, a party to a litigation should be allowed to rely on the orders the court enters. Father has every right to …

Nonmarriage? Rethinking Religious Marriage In Modern States, Shahar Lifshitz

Cardozo Law Review

This Article examines the civil regulation of religious marriage in liberal democracies. While legal scholarship has extensively explored nonmarital intimate relationships, it has paid comparatively little attention to couples who regard themselves as married under religious law without corresponding civil status, as well as couples who remain religiously married following a civil divorce. These arrangements, prevalent among religious minorities such as Orthodox Jews and Muslims, often generate significant legal and personal harms, including exclusion from civil protections, economic vulnerability, and constrained exit from intimate relationships.

This Article develops a structured analytical framework grounded in three liberal perspectives. The individual-rights perspective …

Autonomous Contracts And Transformative Justice: Practicing Family Law Without Court Intervention, D Dangaran, Andy Izenson

Cardozo Law Review

Legal scholars have made calls to “abolish family court” or “abolish the family.” Before family court can be abolished, society must reduce its reliance on state interventions to resolve family disputes. This Article applies abolition theory and the praxis of “non-reformist reforms,” derived from Black feminist thought and the prison abolition movement, to family law. It details the context of the current “carceral” interventions that rely on state enforcement and then categorizes alternative family law tools into noncarceral, anticarceral, and transformative practices. Noncarceral approaches, such as private ordering through prenuptial, “no-nuptial,” and separation agreements, and establishing parentage for assisted reproduction …

The Impact Of Ai Companions On Family Law, Clare Huntington

Cardozo Law Review

People of all ages and backgrounds regularly use AI companions—virtual friends, lovers, and confidantes powered by artificial intelligence. As a new form of relationship, this development poses novel doctrinal and policy questions for family law. As a doctrinal matter, what does child neglect look like when a parent delegates caretaking to an AI companion? How should standards for elder neglect adapt to the widespread use of robotic caregivers? Should lawmakers impose mandatory reporting requirements on therapy bots if children share experiences of abuse or neglect? And can people designate an AI companion as a health care proxy? As a policy …

Adoption And The Illusion Of Choice After Dobbs V. Jackson Women’S Health, Solangel Maldonado

Cardozo Law Review

Thalia, a twenty-eight-year-old mother of two, has struggled with a substance use disorder for several years. Her children, ages five and seven, are in foster care. Thalia was homeless when she learned that she was fourteen weeks pregnant. She wanted to have an abortion, but her state banned abortions after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. The closest abortion care provider in a neighboring state was 400 miles away, and a medical (non-surgical) abortion was no longer an option.

Unable to access abortion care, Thalia was forced to carry the pregnancy to term. Her …

Whose Fault Is It Anyways?: An Investigation Into Mississippi Divorce And Contested Custody Laws In Practice, Charles Conner

Honors Theses

When compared to almost any other state in the country, Mississippi is an outlier when it comes to divorce and child custody laws. Mississippi still retains a fault-based system to adjudicate contested divorces and still maintains best interest of the child as the default custody standard in court. These standards make Mississippi an exception nationally, requiring dedicated hearings to assign blame for the collapse of a marriage. This thesis aims to study how this unique system has impacted those going through it by surveying attorneys in the state who practice family law. This thesis will compare experiences both nationwide and …

Surrogacy-Friendly State Law: Criteria For Categorizing State Law By Strength Of Legal Pathways To Gestational Surrogacy, Emma J. Noble

Honors Theses

This paper proposes new criteria for defining U.S. states as surrogacy-friendly. It exclusively considers gestational surrogacy and domestic intended parents. It provides an overview of the surrogacy laws in each state and Washington D.C., and classifies them by the newly proposed criteria. Existing definitions of surrogacy-friendly do not often provide detailed legal distinctions between the states. The proposed criteria consider whether or not a state has express surrogacy laws and if the intended parents’ sexual orientation, marital status, or genetic relationship to the child are limiting factors in their ability to obtain parentage orders. The criteria depend on the legal …

Du Statut Juridique De L’Embryon Humain En Droit Libanais, Roula El-Husseini Begdache

Proche-Orient, Études juridiques

The legal status of the human embryo has not been specifically studied in Lebanon and is the subject of an uncertain regime resulting from scattered texts and very few court decisions. As the moment marking the beginning of human life remains debated, the recent issues relating to bioethics accompanying scientific advances, particularly in relation to reproductive medicine techniques and their corollaries, including surplus embryos, do not find clear-cut answers in Lebanese law. As scientific progress is at the heart of concerns relating to human life before birth, an abdication of legal experts in favour of doctors and ethics committees can …

L’Hypothèse D’Une Consécration Des « Familles » Naturelles Et Adoptives Par Le Droit Libanais Des Successions Non Musulmanes, Vincent Heuzé

Proche-Orient, Études juridiques

The Law of 23 June 1959 has significantly reformed the non-Muslim Inheritance Law, in particular by granting inheritance rights to natural and adopted children. While the very innovative nature of this solution has long justified, by a contrario reasoning, that any inheritance rights be refused to adoptive parents as well as to ascendants and collaterals of natural children, the present article attempts to demonstrate that a reversed interpretation would not be incompatible with the legislation nor with the evolution of ideas in Lebanon.

Joint Representation Of Spouses And Romantic Partners: Ethical Considerations For Estate Planners, Elizabeth R. Carter

Arkansas Law Review

Attorneys routinely represent married couples jointly in estate planning matters. Joint representation of married couples—and, increasingly, unmarried romantic partners—is a routine practice for most estate planners. This practice was not always so widely accepted. Beginning in the 1990s, scholars, attorneys, and interest groups successfully advocated for the widespread acceptance of joint representation in estate planning. In a joint representation, the attorney represents both individuals in a collaborative form of representation where confidences and goals are shared between both clients and the attorney. Proponents of joint representation in the estate planning setting argue that it reduces costs, is more consistent with …

Voices Of Motherhood: A Comparative Analysis Of Feminist Commentary On Law In Margaret Atwood’S The Handmaid’S Tale And Celeste Ng’S Little Fires Everywhere, Addison Elaine Scott

Senior Theses

This South Carolina Honors College senior thesis provides a detailed comparative literary analysis of the depiction of motherhood and the legal system in two selected novels: Margaret Atwood’s The Handmaid’s Tale (1985) and Celeste Ng’s Little Fires Everywhere (2017). Feminist women writers have used narratives to articulate and represent marginalized experiences suppressed by systems of power. By reading these narratives, readers can emotionally connect with the perspectives shared while engaging with the underlying feminist commentary. This explores how Atwood and Ng illustrate the failure of American legal and social systems to understand or fully protect motherhood and fertility—complicating, confounding, and …

Appellate Review Of Child Custody In Mississippi, 1994-2024, Eleanor Detweiler

Honors Theses

This study examines changes in child custody decision-making within the Mississippi appellate court system over a thirty-year period, with a particular focus on the role of legal custody as a separate consideration from physical custody. Using a longitudinal empirical research design, appellate court decisions from 1994, 2004, 2014, and 2024 were analyzed using Nexis Uni. Cases were identified using the search term “child custody” with emphasis on case headnotes indexed under “child custody” as the area of law. Variables including party roles, types of custody sought, reasons for appeal, and case outcomes were recorded and evaluated to identify trends over …

Child Support Factory: Racist History, Harm, And Unconstitutionality Of The Child Support System's Contractual Operations, Daniel L. Hatcher

William & Mary Journal of Race, Gender, and Social Justice

Within America’s justice institutions, the child support system has become a business. The intended mission of aid has been traded and abdicated through contractual deals to churn vulnerable families into factory-like revenue operations. Juvenile and family courts across the country have partnered through countless intertwined interagency contracts with human service agencies, prosecutors, attorneys general’s offices, probation departments, and policing offices—all aimed at generating revenue from impoverished children and parents rather than serving their best interests. The resulting child support factory is vast, harmful, unconstitutional, unethical, and grew from a racist history that devastated Black families, and still operates with starkly …

Confronting Domestic Violence, Jessica Miles

Elisabeth Haub School of Law Faculty Publications

The Supreme Court's modern Confrontation Clause jurisprudence has created a morass with profound consequences for domestic violence prosecutions. Prior Confrontation Clause scholarship from a domestic violence survivor advocacy perspective has favored prosecutions regardless of survivors' wishes or participation. This Article takes a different view based on a growing body of scholarship arguing that carceral approaches have failed to reduce rates of domestic violence and resulted in negative collateral consequences for many survivors, particularly those from historically marginalized groups. It makes a novel contribution by drawing on the Confrontation Clause as a mechanism to discourage domestic violence prosecutions when not desired …

Child Support Factory: Racist History, Harm, And Unconstitutionality Of The Child Support System's Contractual Operations, Daniel L. Hatcher

All Faculty Scholarship

Within America’s justice institutions, the child support system has become a business. The intended mission of aid has been traded and abdicated through contractual deals to churn vulnerable families into factory-like revenue operations. Juvenile and family courts across the country have partnered through countless intertwined interagency contracts with human service agencies, prosecutors, attorneys general’s offices, probation departments, and policing offices—all aimed at generating revenue from impoverished children and parents rather than serving their best interests. The resulting child support factory is vast, harmful, unconstitutional, unethical, and grew from a racist history that devastated Black families, and still operates with starkly …

“You Can’T Post That!”: Constitutionality Of Non-Disparagement Orders Barring Divorced Parents’ Social Media Posts, Kaitlyn B. Hammond

Vanderbilt Law Review

When a marriage goes wrong, a court may use a non-disparagement order to prevent a party from speaking negatively about another in some way, either permanently or temporarily. Family courts often use non-disparagement orders to protect parties or their children from psychological harm during divorce or child-custody proceedings. In such cases, non-disparagement orders forbid parents from denigrating one another in front of their children and/or third parties. To protect the child, non-disparagement orders are often imposed upon both parents by the court. But courts do not always protect children and other parties from disparagement in this way. Although non-disparagement orders …

Birthdate Phaseout To A Nicotine Free Generation, Katharine B. Silbaugh

Faculty Scholarship

This Article explores the Nicotine Free Generation ("NFG") policy, an emerging endgame strategy for tobacco products that employs a completely novel legal design. Tobacco remains the leading cause of preventable death, killing almost half of its users and imposing $600 billion in social costs each year. We see two basic choices for regulating sales: prohibition or a legal age-gate, such as twenty-one, for retail sales. NFG charts a third way. Recognizing the dire harm of tobacco and the serious consequences of abrupt prohibition, NFG lays the groundwork for a gradual transition to a sales sunset. In place of the twenty-one …

The Case For Recognizing Informally Adopted Children As Heirs In Arkansas, Joel Gaffney

Arkansas Law Notes

Americans are steadily moving away from the nuclear family towards an understanding of family less defined by shared DNA or last names. This is especially prominent in the way children are raised. More children are being born to single or unmarried parents, and a fair number of children are being raised by nonparents. Such nonparental caretaking can manifest as “informal adoption,” where there is no biological or legal parent-child relationship but there is a functional parent-child relationship. Certain areas of the law sometimes struggle to keep up with these changes in the meaning society assigns to “family.” Statutory probate law …

The Case For Lgbtq+ Adoption Rights In The Post-Roe Era, Tate Craft

Kentucky Law Journal

No abstract provided.

The Impact Of The Legalization Of Marijuana On The Under 21 In New Jersey, Sharon Mesmer

Child and Family Law Journal

No abstract provided.