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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

CDC Reports Increase in Unmarried Birth Rates

Posted on May 19, 2009
The Center for Disease Control has issued a new report tracking births to unmarried mothers and found: Childbearing by unmarried women has resumed a steep climb since 2002. Births to unmarried women totaled 1,714,643 in 2007, 26% more than in...

CFP: Children and the Law Junior Faculty Workshop Call for Papers

Posted on May 11, 2009
Children and the Law Junior Faculty Workshop July 16 -17, 2009 The Frances Lewis Law Center at Washington & Lee University is sponsoring a workshop for junior scholars working on legal issues related to children. The workshop will be held...

Case Law Development: Parental Access to Child's Mental Health Records in Custody Actions

Posted on April 28, 2009
The Iowa Supreme Court recently held that a parent?s statutory right to access to her child?s mental health records could be limited by the child?s best interest. In that case, Mother had pled guilty to assaulting one of the children...

Case Law Development: Access to Parental Mental Health Records in Custody Actions

Posted on April 28, 2009
In the continuing battle over the role of psychological experts in custody actions, courts have been called upon to examine the balance between the broad scope of discovery in these actions and the right of privacy in mental health records....

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Undocumented Immigrants and the Battle for Custody

Posted on April 23, 2009
The New York Times reports today on the legal struggles faced by immigrants caught up in enforcement raids, who then face a loss of custody of their children. As the article characterizes the problem, "crackdowns against illegal immigrants thrust local...

Recent Scholarship: Women's Reproductive Health as a Protectable Interest

Posted on April 20, 2009
Beth Burkstrand-Reid, Visiting Assistant Professor at the University of Illinois College of Law's article: "The Invisible Woman: Availability and Culpability in Reproductive Health Jurisprudence" will appear in a forthcoming issue of the Colorado Law Review...

Marriage Abolition?

Posted on April 19, 2009
Douglas Kmiec of Pepperdine appeared on the Colbert show advocating a position akin to marriage abolition. See more on ConLawProf here. RR

Fewer Children In Foster Care In NC County Promotes Child Welfare and Saves Money

Posted on April 17, 2009
Guilford County (North Carolina) has employed a multi-prong approach to family preservation, and has reduced the number of children in foster care by 31%. In this Greensboro (NC) News-Record article, county officials and national experts agree that the children who...

Recent Scholarship: Tax Time & Divorce

Posted on April 15, 2009
For your tax time reading, some recent scholarship on taxes and families: Professor Michael Waggoner of the University of Colorado Law School, argues that similar tax treatment should extend to other support payments, including child support, in his article, "IRC...

Second Parent Adoption, DOMA, and Genetic Child

Posted on April 15, 2009
This case presents important questions about the ways in which a child?s ?parents? are defined and legally constituted, and how the parent/child relationship can be protected in a transient, cross-border society. Answers implicate assisted reproductive technologies (ARTs) and an out-dated...

Conference: CHANGING FAMILIES

Posted on April 14, 2009
Conference at: "Our Changing Families" Dedicated To The Influential Work of former [NY Ct of Appeals] Chief Judge Judith S. Kaye Date: Friday, April 17, 2009 Time: 8:30 a.m. - 3 p.m. Location: Albany Law School, 1928 Building, Room 200...

Same-Sex Marriage: New York

Posted on April 14, 2009
According to a NY Times blog here, New York's Governor Paterson will announce on Thursday morning that he intends to introduce a same-sex marriage bill in the NY Legislature. States bordering New York have legalized same-sex marriage. RR

Case Law Update: Tax Time and Divorce

Posted on April 13, 2009
Tax day is around the corner and you and your students may be turning your syllabus to tax issues upon divorce. One often-litigated issue is the tax treatment of alimony payments. The tax code provides that alimony will be deductible...

Case Update -- Termination of Parental Rights Vacated Because Counsel Appointed for Parent Only Two Weeks Before Trial

Posted on April 10, 2009
The Michigan Supreme Court issued a decision in In Re Hudson/Morgan Minors on April 8, 2009. (MIF 4-10-2009)

Science and the Drug Exposed Infant

Posted on April 07, 2009
As part of a program at New York University School of Law recently on Drugs, Pregnancy and Parenting: What the Experts in Medicine, Social Work and Law Have to Say, Dr. Deborah A. Frank, Professor of Pediatrics at Boston University...

Stimulus Funds Available To Prevent Foster Care Placements Due To Inadequate Housing

Posted on April 05, 2009
The National Center for Housing and Child Welfare (NCHCW) has published an issue brief identifying more than $2 billion in stimulus funding available for emergency housing to prevent placement of children in foster care. Trade journal Youth Today summarizes the...

Same-Sex Marriage in Iowa

Posted on April 03, 2009
Although the Iowa Supreme Court website has "crashed" due to traffic, the first "twitter" reports are that the Iowa Supreme Court has declared the state's opposite-sex only marriage law unconstitutional. UPDATE: The opinion is now available as pdf here...

Same-sex Marriage Updates

Posted on April 01, 2009
It is being widely reported that the Swedish Parliament, in a 261-22 vote, approved same-sex marriage. Meanwhile in the United States, the Vermont Legislature is set to vote on a same-sex marriage bill, a bill which the Governor has stated...

New York City allows two-moms on birth certificate

Posted on March 26, 2009
As NY 1, among others, reported: Married lesbian couples in the city can now be listed as parents on their children?s birth certificates. The city Board of Health voted in favor of the change yesterday. Previously, women would have to...

Michigan Cuts Prevention Funds

Posted on March 20, 2009
Michigan Governor Jennifer Granholm has proposed a human services budget that cuts child welfare prevention and family preservation services, and increases funding for out-of-home care. The Blog's March 13, 2009 entry provides a link to a study of Florida's child...

Juvenile Justice Project and Conference Announcement

Posted on March 20, 2009
The Center on Children and Families at the University of Florida Levin College of Law is launching the Juvenile Justice Project, an effort to benefit children locally, statewide and nationally by focusing on the juvenile justice system. The project will...

Marriage: (re) defined

Posted on March 19, 2009
Many courts resort to the dictionary when trying to decide the "common meaning" of a word, including a word such as "marriage." According to the online Merriam-Webster Dictionary here: Note definition 1a(2): the state of being united to a person...

Marriage Developments - - - abolition or inclusion?

Posted on March 18, 2009
Perhaps the solution to the "marriage wars" is the abolition of marriage? It's a proposal that has been made from different theoretical perspectives in years past, but of late it has been garnering attention. TIME MAGAZINE picked up a piece...

Florida Reports Success Via Community-Based Care Title IV-E Waiver

Posted on March 13, 2009
A report prepared by University of South Florida researchers describes Florida's use of a federal waiver on expenditure of Title IV-E funds. Since October 2006, Florida has redirected monies from out-of-home care (i.e., foster care and group home placements) by...

Adoption Law Conference

Posted on March 10, 2009
RR

Orders Prohibiting Reproduction

Posted on March 09, 2009
In his forthcoming article, "Child Welfare and Future Persons", Carter Dillard, Westerfield Fellow, at Loyola University, New Orleans takes on the questions raised by State v. Oakley, 629 NW2d 200 (Wis. 2001) that we find in most of our family...

Workshop -- Comparative Family Law

Posted on March 06, 2009
On March 20-21, the Women and International Law Program at American University Washington College of Law will hold a workshop titled "Comparative Family Law: What Is the Global Family? Family Law in Decolonization, Modernization and Globalization." According to the workshop...

Protective order in Rhianna v. Chris Brown

Posted on March 06, 2009
For those of you who like to incorporate celebrity family law disputes in your teaching, a copy of the actual restraining order issued against Chris Brown can be found at http://www.etonline.com/documents/et_cbrown_minuteandprotectiveorder_090306.pdf bgf

Money Matters During Marriage

Posted on March 06, 2009
Associate Professor Alicia Brokars Kelly of Weidener University School of Law has posted to SSRN her article, Money Matters in Marriage: Unmasking Interdependence in Ongoing Spousal Economic Relations, forthcoming in the Louisville Law Review (2008). Her abstract of the article...

Report -- Youth Transitioning Out of Foster Care

Posted on March 06, 2009
States require youth to leave foster care at ages that vary from 18 to 21. Abundant research shows that children who are "emancipated" directly from foster care to adulthood are at "high risk for a number of adverse outcomes during...

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