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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

National Coalition for Child Protection Reform Releases "Due Process Agenda for Children and Families"

Posted on August 20, 2008
On August 11, 2008, The National Coalition for Child Protection Reform released "Civil Liberties Without Exception: NCCPR's Due Process Agenda for Children and Families". Setting forth sixteen recommendations, the report urges states to "enact . . . meaningful due process...

Case Law Development: Access to Fertility Treatments by Lesbians

Posted on August 19, 2008
The California Supreme Court has unamiously ruled medical personnel?s claims to First Amendment rights (based on religion and speech) must yield to the state?s anti-discrimination law in the provision of medical services, including fertility treatments...

Political Platforms on Family Law Issues

Posted on August 16, 2008
The political parties are in the process of drafting their national party platforms for the 2008 election and, as expected, there is some attention to family law issues. The draft 2008 Democratic National Platform is interesting both for what it...

Case Law Development: K visa applicants may adjust immigration status even if they divorce

Posted on August 16, 2008
A recent ninth circuit court of appeals opinion describes nicely the process by which immigrants can become eligible for lawful permanent residence based on marriage. Faculty may find it a useful outline to give to students interested in this aspect....

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Case Law Development: Paternity Acknowledgment and Child Support Order = Parent Status

Posted on August 15, 2008
The New Hampshire Supreme Court, interpreting the word "parent" in its custody statute, found that a trial court erred in dismissing a man's petition for parental rights and responsibilities of the six-year-old child he had helped raise since birth, despite...

The Feral Child?

Posted on August 15, 2008
From FEMINIST PHILOSOPHERS BLOG: "The Feral Child is an object of fascination for many theorists. The very idea of one raises speculations about what the human being apart from civilization would be like. But the actuality can be horrible, tragic,...

Case Law Development: Standard for Granting Protective Order based on Threats

Posted on August 10, 2008
The Ohio Court of Appeals reversed the grant of a protective order based on repeated communications during a divorce. Husband's communications threatened no actual physical harm. The trial court found that, while the statements would not cause imminent fear of...

Unbundling Begins in Missouri

Posted on August 09, 2008
The Missouri Bar Family Law Conference this week hosted a session explaining Missouri's new Supreme Court rule on unbundling of legal services. The rule provides for express approval of attorney provisions of limited task representation and provides, in the comments,...

Case Law Development: Parental Rights trump student First Amendment rights

Posted on August 07, 2008
The Eleventh Circuit has upheld Florida's statute allowing a student to be excused from reciting the Pledge of Allegiance ONLY with a "written request" from the student's parent. In Frazier v. Winn, the three judge panel reversed the district judge...

Professor Robson reviews "Beyond Straight and Gay Marriage"

Posted on July 30, 2008
Ruthann Robson (our newest contributing editor at Family Law Prof Blog) reviews Nancy Polikoff new book Beyond (Straight and Gay) Marriage: Valuing All Families Under The Law. As Professor Robson notes The same-sex marriage debate is actually two debates...

Ruthann Robson Joins Family Law Prof Blog

Posted on July 30, 2008
We are pleased to announce that Ruthann Robson of Professor of Law and University Distinguished Professor at CUNY Law School will be joining the Family Law Prof Blog as a contributing editor. Professor Robson teaches in the areas of constitutional...

Special Issue of Family Court Review Featuring Domestic Violence and Family Courts Available Online

Posted on July 17, 2008
"The July 2008 issue of Family Court Review featuring outcomes from the AFCC and NCJFCJ Domestic Violence and Family Courts Project is available for free online for a limited period of time at Link. The highly anticipated special issue features...

Child Protection to Appeal Texas Ruling

Posted on May 23, 2008
"Child Protective Services has notified the Texas Supreme Court that the state plans to appeal a ruling that it had no right to seize hundreds of children from a polygamous religious sect, a court spokesman said today. "As I understand...

Texas court of Appeals rules in Polygamy case

Posted on May 22, 2008
The Texas appeals court had said that authorities had no right to seize more than 440 children in a raid on the splinter group's ranch last month. The court held the state failed to show the youngsters were in any...

California Supreme Court Issues Decision on Same-Sex Marriage

Posted on May 15, 2008
"In the present case, it is readily apparent that extending the designation of marriage to same-sex couples clearly is more consistent with the probable legislative intent than withholding that designation from both opposite-sex couples and same-sex couples in favor of...

Remember Stepmothers on Mother's Day

Posted on May 08, 2008
"Mother's Day and motherhood sometimes aren't all they're cracked up to be - especially for stepmothers, the unsung heroes of blended families. Parenting always is a challenge, especially in the face of resentment by children who assume that the new....

Post-divorce Parenting

Posted on May 08, 2008
"For children of divorce, what happens after their parents split up may be just as important to their long-term well-being as the divorce itself. A new study found that children who lived in unstable family situations after their parents divorced...

Mildred Loving Dies

Posted on May 06, 2008
The New York Times has a lovely story today about Mildred Loving - of Loving v. Virginia fame - who passed away May 2 at age 68. Read the story (last visited May 6, 2008) bgf

You-Tube as Teaching Tool

Posted on April 17, 2008
Family Law Profs may be able to make good use of a bad idea: Former actress and playwright Tricia Walsh-Smith' prepared a YouTube video in which she discusses her divorce case, in particular the pre-nuptial agreement she signed, and then...

Report on AFCC & NCJFCJ Wingspread Conference on Domestic Violence and Family Courts

Posted on March 23, 2008
"The Report from the Association of Family and Conciliation Courts (AFCC) and National Council of Juvenile and Family Court Judges (NCJFCJ) Wingspread Conference on Domestic Violence and Family Courts is now available online. Written by conference reporters, Professors Nancy Ver...

Commercial Surrogacy in India

Posted on March 23, 2008
"An enterprise known as reproductive outsourcing is a new but rapidly expanding business in India. Clinics that provide surrogate mothers for foreigners say they have recently been inundated with requests from the United States and Europe, as word spreads of...

Double-Proxy Wedding

Posted on March 23, 2008
"The blushless bride wears a hooded sweatshirt of red, offset by a bored expression that says she?s done this dozens of times before. The distracted groom wears a sweatshirt-and-cap ensemble of matching olive, offset by his ? not their ?...

AFCC eNews

Posted on March 04, 2008
"The Report from the Wingspread Conference on Domestic Violence and Family Courts is now available on the AFCC Web site. Written by Conference Reporters, Professors Nancy Ver Steegh and Clare Dalton, the Report will be the centerpiece of a special...

California Supreme Court Considers Same-Sex Marriage

Posted on March 04, 2008
"The California Supreme Court peppered both sides of the same-sex marriage debate with questions today in a 3�-hour hearing into whether the state law defining marriage as the union of a man and a woman is constitutional. The hearing dealt...

Recruiting Caseworkers

Posted on March 03, 2008
"Wanted: men and women willing to walk into strange buildings in dangerous neighborhoods, be screamed at by unhinged individuals ? perhaps in a language you do not understand ? and, on occasion, forcibly remove a child from the custody of...

Family Members Provide Child Care

Posted on March 03, 2008
"Grandparents serve as the primary caregivers for about 20 percent of the 11.3 million preschool children with employed mothers, according to data released Thursday by the Census Bureau. Fathers provide slightly less child care than grandparents, the bureau found...

China Reconsiders One-child Restriction

Posted on March 03, 2008
"China is studying how to move away from the country?s one-child-per-couple restriction, but any changes would come gradually and would not mean an elimination of family planning policies, a senior official said Thursday. The official, Zhao Baige, vice minister of...

Payment for Broken Engagement?

Posted on February 26, 2008
"Mexican brides and grooms who get cold feet before walking down the aisle will have to pay their significant other for the inconvenience, if a proposal by a local congressman is adopted. . . . Jose Antonio Zepeda, a city...

Open Adoption

Posted on February 26, 2008
". . . While there are no national statistics, open adoption is increasingly common, according to Harold Grotevant, a University of Minnesota professor who is one of the leading experts in the field. He?s been doing research with 35 adoption...

Domestic Violence Offender Website?

Posted on February 18, 2008
"Web sites that promise to give the dirt on prospective dates abound. A guy has a roving eye? Look him up on DontDateHimGirl.com. But a California lawmaker says the background checks can be far more serious. The lawmaker, Assemblywoman Fiona...

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