Questions and Answers of Family Law

Do you think mediation is appropriate in cases involving domestic violence? What about cases not involving violence, but where there is a significant power imbalance between the spouses?
Under which circumstances, if any, do you think that paralegals should be able to provide clients with legal advice?
What was the common law status of children of unmarried parents? Why were these children treated so harshly?
What is the presumption of paternity?
Describe the early U.S. reform efforts.
What underlying statutory purposes will invalidate a law that treats children of married parents and children of unmarried parents differently? What purpose will sustain differential treatment?
In the case of Stanley v. Illinois, how was the father treated differently from unwed mothers or married fathers? How did the Court respond to Stanley's challenge?
Based on the case of Lehr v. Robinson, when must an unwed father be given a voice in the adoption process?
Why did the dissent in Lehr disagree with the majority position? What did they think should be controlling?
On what basis did the Nguyen Court justify the differential treatment of mothers and fathers in the immigration context?
Why was the biological father barred from pursuing his paternity claim in the case of Michael H. v. Gerald D.?
Explain current state approaches with respect to allowing a father to pursue a paternity claim where the mother is married to another man.
What is the significance of establishing paternity?
What are the two ways that paternity can be established?
What federal requirements are imposed on states in contested paternity actions?
What is a voluntary acknowledgment of paternity? What legal effect does an acknowledgment have?
What information must a state provide to persons who are thinking about acknowledging paternity?
What are the legal consequences of establishing paternity?
What does it mean to disestablish paternity? In what situations do these cases arise? What are the two basic approaches that courts use in these cases?
Where a married woman becomes pregnant through donor insemination with the consent of her husband, who is the legal father?
What is the likely outcome where a single woman or a lesbian couple uses an anonymous donor?
What are the possible outcomes when a single woman or a lesbian couple uses a known donor?
Thinking back to the case of Michael H. v. Gerald D., do you think the biological father should have been permitted to establish his paternal rights, or do you think the Court was right to bar his
Assume that a man and woman who know each other casually have sexual intercourse one time. As a result, she becomes pregnant and decides to have the baby. Based on this fleeting moment of intimacy,
If a woman who is not married becomes pregnant, do you think she and the father should have equal rights with respect to the child? Is your thinking influenced by the circumstances? For example, does
Assume that, upon separation from his wife or partner, a man who has believed himself to be the father of the child he has been raising suddenly has doubts and wishes to have genetic testing done to
Assume that a lesbian couple has chosen to use a known donor, and they enter into an agreement in which the donor agrees not to seek any parental rights or to see the child, and the women agree not
Scott and Heidi were married in 1990. Heidi gave birth to five children during their marriage. Scott initiated divorce proceedings in October 2012. Custody and placement of Scott and Heidi's two
.. The mother gave birth to the child (Cheryl) on August 29, 1993. In November, 1993, the [Department of Revenue (department)] filed a complaint in the Probate and Family Court against the father on
In 1973, a "revolution in the law of determination of parentage" occurred when the Uniform Law Commissioners of the National Conference of Commissioners on Uniform State Laws ("ULC") promulgated the
What role did the family play in colonial America?
Why was harsh discipline of children encouraged?
What was the justification for community intervention?
How did industrialization reshape family norms?
Who was Mary Ellen Wilson, and how did her situation lead to the birth of societies for the prevention of cruelty to children? How did these societies aim to protect children?
What is the doctrine of parens patriae?
What role did \(x\)-rays play in the rediscovery of child abuse in the 1960 s?
Describe the first generation of reporting laws and explain their primary shortcoming.
How did the federal government first become involved in the child protection field?
Speaking generally, what is meant by the term "child protective system"? What role does a child protection agency play in this system?
What is the core meaning of physical abuse?
Why does sexual abuse often remain hidden?
What is emotional abuse and neglect?
What is neglect? Why is willfulness an important factor?
Explain the concept of failure to protect.
What is the relationship between the child protective system and partner abuse?
How have states responded to concerns about babies born to women who use drugs while pregnant?
What are the main arguments for and against treating prenatal drug exposure as a kind of child abuse or neglect?
How do reporting laws work?
Explain the difference between a mandatory and a permissive reporter.
Why might a report of suspected abuse or neglect be screened out?
What happens after a case is screened in?
Explain the concept of reasonable efforts. When is this obligation triggered?
What is a dependency proceeding?
What is a permanency hearing? When must such a hearing be held?
Generally speaking, how did ASFA change the approach to cases of substantiated child abuse or neglect?
What does it mean to terminate parental rights? What must the state prove at a termination hearing?
What concerns was the ICWA intended to redress?
What specialized provisions does the Act put in place for cases involving the removal and placement of Indian children?
Some would argue that the current protective system is over interventionist and tends to disrupt families in pursuit of an idealized vision of family life. In particular, critics argue that the poor
Assume that the following report has been made regarding the Smith family: A neighbor knocked on the door of the Smith residence to see if anyone there had seen her missing cat. Upon being admitted
Do you think a parent should be held accountable for failing to protect his or her child from being abused by the other parent? What if the parent did not know what was going on? Does a parent have
Do you think parents who have been extremely abusive deserve a second chance at parenting?
The Adoption and Safe Families Act has shifted the focus away from family reunification in favor of fast-tracking permanency planning for children in the foster care system. As a result of this shift
On July 9, 2007, Respondent/Appellant Tikindra G. ("Mother"), twenty years old at the time, gave birth to twins, Samarion S. ("Boy Twin") and Samaria S. ("Girl Twin"). At the time, Mother already had
The Department of Health and Human Resources (hereinafter "DHHR"), through its Child Protective Services worker Cary Waybright, filed an abuse and neglect petition against the Appellant, Henry H.,
What is the historical origin of our spousal support laws?
Historically, what was the relationship between marital fault and alimony?
What vision of marriage did the no-fault divorce laws embody?
Describe the key way in which the support obligation was reformulated following no-fault reform.
What criticisms have been raised regarding the clean-break approach to spousal support awards?
What kinds of factors do courts consider when making an alimony determination?
What are the advantages of the multifactored approach to support determinations? What are the potential problems?
Why have some jurisdictions begun to consider adopting spousal support guidelines?
Why is it potentially more complicated to develop spousal support as compared to child support guidelines?
What approach to spousal support does the ALI recommend adopting?
What is permanent alimony? What functions does it serve? Why is permanent alimony not really permanent?
What is lump-sum alimony?
What is rehabilitative alimony? What functions does it serve?
Why have some appeals courts begun to reverse awards of rehabilitative support?
When one spouse earns a professional degree during a marriage, how might this be factored into a spousal support award?
What is the basic rule regarding modification of a permanent support award?
Why is an increase in the cost of living generally not an appropriate ground for a modification?
What are the rules regarding remarriage and the termination of support?
What are the rules regarding cohabitation and termination of support?
What are the rules regarding modification of lump-sum alimony? Rehabilitative alimony? Reimbursement alimony?
In a civil contempt action, what right does a defendant have if a jail sentence is imposed?
What is the principal defense in a contempt action?
What are the rules regarding the dischargeability of family support obligations in a bankruptcy proceeding?
What are the basic rules regarding the taxation of spousal support awards?
Explain what happens if reductions in unallocated support payments are tied to child-related contingencies.
Explain the concept of recapture.
If a divorce terminates the marital relationship, should the law recognize any continuing obligations to a former marital partner? Explain your position carefully.
If a husband and wife mutually agree that the wife will devote most of her energies to caring for the couple's home and rearing their children, should she be "compensated" for this through a spousal
Despite the gender neutrality of spousal support laws, many people express discomfort at the thought of alimony being awarded to men. Why do you think this is? What is your reaction?
Some would argue that we have gone too far in eliminating fault as a consideration in support awards. What role do you think fault should play, if any?
Opinion by Hollander, Judge. This appeal arises from two law suits instituted by E. Diane Turner, appellant.... One involves the dissolution of the marriage of appellant and Donald Turner, appellee.
Husband's first three issues on appeal address the trial court's determination that Wife is entitled to spousal support. He asserts that it was error for the trial court to award spousal support in
The parties are Russian immigrants who were married in 1988 and came to the United States a few years later. They have one adult son. In 2000, plaintiff Georgii Loutts (referred to as George) started
Following no-fault reform, why did property distribution become the preferred way to address the economic interests/needs of divorcing spouses?

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