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Family Law

Family Law Prof Blog

Family law issues explored by law professors.
By Barbara Glesner Fines, Robert E. Oliphant, and Nancy Ver Steegh (William Mitchell College of Law).

Post Frequency: 12.6/day

Last Entry: April 01, 2011 at 15:18:00

Embryo Adoption Dispute Between Two Married Couples

Posted on April 23, 2010
Two Missouri couples are battling over the fate of unimplanted embryos transferred by contract in 2009: Edward and Kerry Lambert of Pleasanton filed suit this week in Alameda County Superior Court seeking to regain power over two frozen embryos they....

Easteal: ?Marriage-Like Relationships: Can Battered Woman Syndrome or Reality Be Pleaded in Social Security Law??

Posted on April 22, 2010
Patricia L. Easteal (University of Canberra) has posted Marriage-Like Relationships: Can Battered Woman Syndrome or Reality Be Pleaded in Social Security Law?, 34 Alternative Law Journal 174 (2009). Here is the abstract: The effects of living in domestic violence upon...

Argument Heard in Texas Same-Sex Divorce Case

Posted on April 22, 2010
The Dallas Court of Appeals heard argument yesterday in a case in which two men married in Massachusetts sought a divorce from a Texas court. The trial court granted a judgment of a divorce, and the Texas Attorney General has...

Grief over a Parent?s Death

Posted on April 21, 2010
A recent CNN story confirms the obvious strength of the parent-child bond: In fact, 73 percent of adults believe that their lives would have been "much better" had their loved ones not died when they were young, according to a...

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Willis: "Property Transfers Incident to Divorce: the End of a Nightmare, the Opening of Two Loopholes"

Posted on April 21, 2010
Steven J. Willis (University of Florida College of Law) has posted "Property Transfers Incident to Divorce: the End of a Nightmare, the Opening of Two Loopholes" on SSRN. Here is the abstract: From 1987 until 2002, the assignment of income...

Feinberg: "The Plus One Policy: An Autonomous Model of Family Reunification"

Posted on April 20, 2010
Jessica Feinberg (DePaul University College of Law) has recently posted The Plus One Policy: An Autonomous Model of Family Reunification, Nevada Law Review (forthcoming), on SSRN. Here is the abstract: Citizens who share close, important relationships with non-citizens often face...

Minnesota "Couples on the Brink" Bill

Posted on April 20, 2010
Proponents of a pending bill in the Minnesota legislature argue it provides "an off ramp on the superhighway to divorce": Minnesota courts are working to process divorces more quickly. Research shows the longer divorce cases drag on in the courts,...

First COA Sexting Case

Posted on April 19, 2010
From the ABA Journal: A federal appeals court has upheld an injunction that bars the child pornography prosecution of a teen girl in Pennsylvania who appeared topless in a photo that ended up on high school students? cell phones. The...

Bernstein & Triger: "Over-Parenting"

Posted on April 19, 2010
Gaia Bernstein (Seton Hall University School of Law) and Zvi Triger (The College of Management School of Law (Israel)) have posted "Over-Parenting" (forthcoming UC Davis Law Review) on SSRN. Here is the abstract: Today the child is king. Child rearing...

Is "Love Birds" An Oxymoron?

Posted on April 18, 2010
Perhaps so: It's not all love in the avian world, where divorce, child abandonment and marrying up are part of everyday life. "The Bird Detective," to be published in Canada this week, dispels the love-bird myth that birds pair up...

Is Facebook Increasing Divorce?

Posted on April 17, 2010
A Fox News story suggests it may: The dangers of social networking sites for the young are well documented, but increasing numbers of middle-aged users are also having their private lives thrown into turmoil by online activity. Marriage counselors claim...

Minor?s Abortion During School Hours

Posted on April 16, 2010
From KOMONews.com: SEATTLE -- The mother of a Ballard High School student is fuming after the health center on campus helped facilitate her daughter's abortion during school hours. The mother, whom KOMO News has chosen to identify only as "Jill,"...

Yemeni Child Bride Dies After Alleged Marital Rape

Posted on April 16, 2010
A 13-year old Yemeni bride has died after allegedly being forced into sex by her 23 year-old husband. Hopefully the case will bring new attention to pending legislation to raise the minimum age for marriage to 17. A 13-year-old Yemeni...

Type-casting?

Posted on April 15, 2010
From the Telegraph.co.uk: Researchers believe technology could be used to determine a computer typist's age, sex and culture within 10 keystrokes by monitoring their speed and rhythm. The murder of Ashleigh Hall, a teenager from Darlington, last year by a...

Views on Marriage from Children of the Divorce Generation

Posted on April 15, 2010
A new survey sheds some light on contemporary attitudes about marriage and divorce: Children of the "divorce generation" have kept faith in marriage, a survey has claimed, with most hoping to walk down the aisle in the mid-20s. The Marriage...

?Mommy Track?: Past, Present, & Future

Posted on April 14, 2010
Available here is an interesting Slate article about the origins of the ?mommy track,? and its future. One observation: ?The language of the mommy track?flexibility, balance?is infiltrating more and more jobs and replacing traditional work values?long hours, face time?as the...

Incest, Polygamy, Drug Use . . . and Same Sex Marriage?

Posted on April 14, 2010
According to Mike Huckabee, they're all alike: Mike Huckabee, a possible Republican presidential candidate in 2012, says the effort to allow gays and lesbians to marry is comparable to legalizing incest, polygamy and drug use. Huckabee also told college journalists...

Murphy: ?Revitalizing the Adversary System in Family Law?

Posted on April 13, 2010
Jane C. Murphy (University of Baltimore?School of Law) has posted Revitalizing the Adversary System in Family Law, 78 University of Cincinnati Law Review__ (forthcoming) on SSRN. Here is the abstract: The way in which families resolve disputes has undergone dramatic...

Same Sex Marriage in California Will Not Be on November Ballot

Posted on April 13, 2010
The New York Times is reporting on the status of efforts to overturn Prop 8 in California: Gay rights activists said they failed to qualify for the November ballot a measure that would repeal the state?s ban on same-sex marriage....

Job Commitment and Recent Motherhood Mutually Exclusive?

Posted on April 12, 2010
This story suggests to avoid job interviewing while pregnant, a disappointing contention. From the London Evening Standard: A City law firm was today hit by fresh accusations of sexism. The claims came from a former senior lawyer at Eversheds who...

New Adultery Lingo, Thanks to Tiger Woods and Jesse James

Posted on April 12, 2010
It seems pop culture has adopted a new label for the conduct most recently displayed by straying celebrities - "chexting," or "cheating on their spouses, in part by arranging liaisons via text messages." Their affairs have spawned a new word...

What?s in a Name?

Posted on April 11, 2010
An Australian court recently denied a mother?s request to prohibit her child and ex-husband from using a variation of ?mother? to address the child?s new stepmother. From BBC News: An Australian court has rejected a mother's request to ban the...

Attitudes About Paternity Leave

Posted on April 10, 2010
The BBC reports on one Japanese official's attempt to change attitudes about leave time for the birth of a child. A district mayor in the Japanese capital, Tokyo, is going on paternity leave on Saturday, the first local government leader...

Time to Refinance Your Home?and Reduce Ex-Spouse?s Alimony

Posted on April 09, 2010
The UK Financial Times reports that bankers are using the current recession as a good opportunity to reduce their ex-wife?s alimony: City financiers who have seen bonuses slashed or lost jobs are flocking to the courts to seek a reduction...

Russia Seeks to Stop Adoptions to US After Adoptive Family Puts Child on Plane Alone

Posted on April 09, 2010
The New York Times is reporting on a shocking story about an adopted Russian 7 year-old whose adoptive family put him on a plane alone to send him back to Moscow. The Russian foreign minister is calling for a moratorium...

IL Parental Notification in Abortions

Posted on April 08, 2010
From the Chicago Tribune: A Cook County Circuit Court judge on [last] Monday lifted a temporary restraining order that has barred the Illinois parental-notification abortion law from going into effect, but then prevented state officials from enforcing the law pending...

Loss of Pregnancy and Divorce

Posted on April 08, 2010
A new study from the University of Michigan Medical School provides interesting statistical evidence of the increased risk of divorce after a pregnancy loss: The grief from the loss can strain even the best of relationships, and a new study...

Parental Child Abduction

Posted on April 07, 2010
A recent California case of child abduction by a parent re-focuses the spotlight on the dismal statistics associated with these abductions. From MercuryNews.com: WALNUT CREEK ? The arrest this week of a woman who took off with her 8-year-old daughter...

Schaefer: "Saving Children or Blaming Parents? Lessons from Mandated Parenting Classes"

Posted on April 07, 2010
Tali Schaefer (JSD Candidate at Columbia Law School) has posted "Saving Children or Blaming Parents? Lessons from Mandated Parenting Classes" (Columbia Journal of Gender & Law) on SSRN. Here is the abstract: What should family law do about divorcing parents?...

Todres: ?Taking Prevention Seriously: Developing a Comprehensive Response to Child Trafficking and Sexual Exploitation?

Posted on April 06, 2010
Jonathan Todres (Georgia State University College of Law) has posted Taking Prevention Seriously: Developing a Comprehensive Response to Child Trafficking and Sexual Exploitation, 43 Vanderbilt Journal of Transnational Law__ (2010) on SSRN. Here is the abstract: Millions of children are...

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