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Family Law Prof Blog 
Family law issues explored by law professors.
Post Frequency: 12.6/day Last Entry: April 01, 2011 at 15:18:00 Recent Entries: 1045
By Barbara Glesner Fines, Robert E. Oliphant, and Nancy Ver Steegh (William Mitchell College of Law).
Go to Family Law Prof Blog, find other Family Law blogs, or browse all law blogs.
Limiting Reproduction
Posted on February 26, 2009An editorial by Professor Naomi Cahn of George Washington University School of Law and Adam Pertman, executive director of the Evan B. Donaldson Adoption Institute discuss a new research-based report by the Evan B. Donaldson Adoption Institute, "Old Lessons for...
Domestic Violence and the Family Pet
Posted on February 25, 2009A Bill introduced in the state of Washington, HB 1148, would protect animals from domestic violence. The introduction to the Bill states:The legislature finds that considerable research shows a strong correlation between animal abuse, child abuse, and domestic violence...
Case Law Update -- Domestic Violence -- Supreme Court
Posted on February 24, 2009The Supreme Court released U.S. v. Hayes this morning. The issues and holding in the case are summarized in the first paragraph of Justice Ginsburg's 7-2 opinion: "The federal Gun Control Act of 1968, 18 U. S. C. §921 et...
Same-Sex Marriage Op-Ed
Posted on February 22, 2009An interesting op-ed in the New York Times on same-sex marriage - - - and what makes it interesting is its authors:David Blankenhorn is president of the Institute for American Values and the author of ?The Future of Marriage.? Jonathan...
Racism in Child Welfare -- National Public Radio
Posted on February 20, 2009NPR's Michel Martin aired a segment this week about racial disproportionality and disparity in the child welfare system, a topic addressed previously on this Blog (including in an entry dated January 27, 2009). Guests included Kristen Weber of the Center...
Case Law Development: Limits of Right of Parent/Guarians to Refuse Medical Treatment for Adult Incompetent Child/Ward
Posted on February 16, 2009The Pennsylvania Superior Court, in a case of first impression, explored the limits of a parent/guardian's right to refuse medical treatment for their adult incompetent child. The case involved a 50-year-old man with profound mental retardation. After a court had...
Case Update -- NY Courts Define "Intimate Relationship"
Posted on February 12, 2009Pursuant to the New York State Family Court Act, domestic violence civil protection orders are available to "members of the same family or household," including those "who are or have been in an intimate relationship." Two recent New York state...
Case law Development: Contractual Liabliity for Failing to Represent in a Professionally Responsive Manner
Posted on February 10, 2009In a case that reminds family law attorneys to carefully review what they promise in retainer agreements, the Maryland Court of Appeals held that an attorney's representations regarding the quality of their legal services may be enforceable under contract principles...
Rural Domestic Violence
Posted on February 09, 2009Professor Sara Benson, fellow LawProf blogger, and currently visiting assistant professor at the University of Illinois College of Law, has posted to SSRN a draft of her article: "Failure to Arrest: A Pilot Study of Police Response to Domestic Violence...
Call for Papers: Midwest Family Law Consortium Conference
Posted on February 09, 2009The Midwest Family Law Consortium is soliciting proposals for presentations and papers for its annual conference. The 2009 conference theme is "The Future of Family Law Education? Do you have family law teaching ideas that you are willing to share?...
Tort Claim Against Hospital for Denial of Visitation for Dying Same-Sex Partner
Posted on February 07, 2009The Miami Herald reports that a federal judge in the Southern District of Florida will decide whether the tort case against a Miami hospital for failure to allow visitation to a same-sex parent could proceed to trial. The surviving woman,...
Conferences -- Adoption and Child Welfare
Posted on February 06, 2009According to the Children's Bureau of the U.S. Department of Health and Human Services, the following conferences about adoption and child welfare are scheduled to occur in the next few months:March 2009 BACW 2009 Annual Conference Bridging the Gap for...
Surviving Same -Sex Partner in Canadian marriage ruled "spouse"
Posted on February 03, 2009In a brief opinion, a Surrogate Judge in New York recognized a Canadian same-sex marriage for probate purposes, declaring the surviving partner the "surviving spouse and sole distributee" and thus not requiring process to other members of the decedent's family...
Ohio adopts rules for Guardians Ad Litem
Posted on February 02, 2009Completing a process begun in 2001, the Supreme Court of Ohio has adopted new rules governing the requirements for guardians ad litem in juvenile and domestic child custody cases. The new rule 48 provides that courts must enter an order...
Florida Bar Association votes to file amicus in favor of adoption by gay couples
Posted on February 02, 2009The National Law Journal reports that Florida Bar's board of governors voted unanimously to file an amicus brief before the 3rd District Court of Appeal supporting a Miami-Dade circuit judge's ruling that declared unconstitutional the state's ban on gay adoptions...
Colombia Constitutional Court" same-sex marriage
Posted on January 31, 2009For a discussion of this week's decision on same-sex relationships by the Colombia Constitutional Court, see my post on Constitutional Law Professors blog here. RR
Legislation update -- New York considers bill to protect children from "failure to protect" charges
Posted on January 30, 2009In response to U.S. District Judge Weinstein's findings in Nicholson v. Williams, 203 F.Supp.2d 153 (E.D.N.Y. 2002), the New York State legislature will consider Bill A01440, designed to "prevent further trauma to a child whose custodial parent is a victim...
Conference - Drugs, Pregnancy and Parenting
Posted on January 30, 2009Drugs, Pregnancy and Parenting: What the Experts in Medicine, Social Work and the Law Have to Say Wednesday, February 11, 2009, New York City People working in the field of criminal law, family law, and child welfare often have cases...
Same-sex marriage, New York, and recognition of out of state marriages
Posted on January 29, 2009Although New York's highest court, the New York Court of Appeals, found there was no state constitutional right to same-sex marriage, Hernandez v. Robles, a recent lower appellate court recognizes same-sex marriages entered into in states where such marriages are...
Sexual Orientation & Adoption
Posted on January 27, 2009Two commentaries today on the subject of so-called "gay adoption" which we've blogged previously here, are worth reading: First, FamilyLawProf Julie Shapiro blogs on the subject here, with useful links. She ponders about the possibility of a national trend toward...
Racial Disproportionality in Child Welfare -- New Report
Posted on January 27, 2009The Center for the Study of Social Policy has issued a report describing pervasive racial disproportionality and disparity in Michigan's child welfare system. Titled "Race Equity Review: Findings From A Qualitative Analysis of Racial Disproportionality and Disparity for African American...
Hastings Symposium on Liability for Reproductive Technology
Posted on January 26, 2009Hastings Law Journal just completed its symposium on Creating Children with Disabilities: Commentaries on Parental Tort Liability for Preimplantation Genetic Interventions. The symposium was sparked by Professor Kirsten Smolensky's article, Creating Children with Disabilities: Parental Tort Liability for Preimplantation Genetic...
Presidential Family Agenda
Posted on January 21, 2009The new Presidential website - - - www.whitehouse.gov - - - complete with its own blog, is a wealth of information regarding the new Administration's family law agenda. It has some specific proposals and ideas, which might inform classroom discussions,...
Case Law Development: False Statements in Divorce regarding Paternity Do not Equal Extrinsic Fraud on the Court
Posted on January 21, 2009The Missouri Court of Appeals affirmed a trial court's dismissal of an action claiming extrinsic paternity fraud regarding children alleged in a 2005 divorce judgment to be born of the marriage. However, the court found that the dismissal could not...
Previous | Next
John Ritter’s Family Takes $67 Million Wrongful Death Lawsuit to Court
Jury selection in the wrongful death of actor John Ritter began in...
Emotional Costs of Medical Errors - Patient, Family, Physician
An editorial in The New England Journal of Medicine examines the i...
$1.2M Verdict for Family of Woman Who Died After Hernia Operation
Evidence showed that poor nursing care at Pennsylvania Hospital of...
Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him
THIS IS A TRUE STORYA call came in the other day. A hysterical wom...
Palestinian Family Finally Released From Prison
As an update to a previous post about the ridiculous imprisonment ...
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He is a very smart man who is always looking for ways around things. The judge granted our divorce for December 12,2007, and my ex-husband told me that he just got married just before Thanksgiving. He is a student at Cal
i can answer that for you. with all due respect. better your own life just as i ...
Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
How to collect a personal loan from a spouse?
You local court will probably have someone to offer you some assistance as you p...
My husband's Grandmother died intestate. She had one sole heir, my husband's Father. He and his wife kept paying taxes on the property.Then he also died intestate. Now, my Mother-in-law wants to sell this property. Accor
Based on my research, his wife would have a 1/3 interest in the property. The ot...
I have been disabled for over 25 years. Last Nov. I had endoscopic brain surgery. It was not successful and had to be followed up by a major craniotomy. My huaband and I had not been contemplating divorce but after the 2
You need a Mass. divorce lawyer. If you can't afford one, Massachusetts leg...
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