Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, August 25, 2012

Child Support MA Case

From Bloomberg Family Law Reporter:

While it is within a trial court's discretion to order child support when parents share physical custody of their child, such an award may not be used to equalize their incomes, the Massachusetts Supreme Judicial Court ruled Aug. 15. Explaining that income equalization is inconsistent with principles underlying support orders, the court also noted that the trial judge below did not find that the subject child's reasonable needs were not being met in the absence of such an order, where both parents enjoyed comparable standards of living and had incomes exceeding the levels to which the support guidelines presumptively applied (M.C. v. T.K., Mass., No. 10910, 8/15/12).

Read more here.


Hat Tip: Naomi Cahn

August 25, 2012 in Child Support (establishing) | Permalink | Comments (2) | TrackBack (0)

Friday, August 24, 2012

Rapist Fathers' Rights to Child

From CNN:

It would not be long before I would learn firsthand that in the vast majority of states -- 31 -- men who father through rape are able to assert the same custody and visitation rights to their children that other fathers enjoy. When no law prohibits a rapist from exercising these rights, a woman may feel forced to bargain away her legal rights to a criminal trial in exchange for the rapist dropping the bid to have access to her child.

When faced with the choice between a lifetime tethered to her rapist or meaningful legal redress, the answer may be easy, but it is not painless. For the sake of her child, the woman will sacrifice her need to see her once immensely powerful perpetrator humbled by the court.

I know it because I lived it. I went to law school to learn how to stop it.

Read more here.


Hat Tip: SH

August 24, 2012 in Current Affairs | Permalink | Comments (1) | TrackBack (0)

Thursday, August 23, 2012

On Reproductive Technology

From the DC Bar:

Although the procedures can be expensive, an increasing number of couples and individuals are undergoing treatment for fertility assistance. ART includes fertility treatments in which both a woman’s egg and a man’s sperm are handled. More than 1 percent of all infants born in the United States each year are conceived using ART, according to the Centers for Disease Control and Prevention (CDC).

In vitro fertilization (IVF) is a process by which an egg is fertilized by sperm in a petri dish. Once an embryo has been created, it is then transferred—inserted inside a woman’s uterus—for possible implantation. IVF also can be used with an egg donation, where the woman providing the egg does not gestate the embryo. Sometimes potential parents, also known as intended parents, use surrogates to carry the embryos to term.

“The concept of parenthood is changing these days,” says Naomi Cahn, the John Theodore Fey Research Professor of Law at The George Washington University (GW) where she specializes in family law and reproductive technology. “One major problem is the concept of an embryo comes with political implications.”

Read more here.


August 23, 2012 in Alternative Reproduction, Current Affairs | Permalink | Comments (0) | TrackBack (0)

Wednesday, August 22, 2012

Grandparents & Visitation

From Reuters:

NEW YORK (Reuters) - Here's a sad scenario: Grandma and Grandpa pay for camp, shoes and college funds. But something goes awry; the kids' parents decide to split, and next thing you know it's Grandma and Grandpa who are out in the cold, writing checks but missing their grandchildren.

Think that couldn't happen? There are at least two trends that point to more of the above. Grandparents are helping their progeny more than ever; the AARP reported that a quarter spent more than a $1,000 a year on their grandkids, with 37 percent saying that they helped cover daily living costs.

At the same time, grandparents' rights to see and spend time with their grandchildren have become more difficult to litigate since a U.S. Supreme Court ruling in 2000, Troxel v. Granville, which struck down a Washington state law that allowed courts to order visitation rights for grandparents if they would be in the child's "best interest." Since then, many states have struck down their relevant laws and not rewritten them.

Read more here.


August 22, 2012 in Current Affairs | Permalink | Comments (1) | TrackBack (0)

Tuesday, August 21, 2012

Foster Care in Jamaica

From Jamaica Observer:

A national campaign is soon to get underway to encourage more Jamaican families to foster some of the 6,000 children currently in State care.

This is according to Minister of Youth and Culture Lisa Hanna, who says the State doesn't have the space to adequately accommodate the number of children in its care.

Read more here.


August 21, 2012 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Monday, August 20, 2012

Cohen & Chen: "Trading-Off Reproductive Technology and Adoption: A Response to Appleton and Pollak"

I. Glenn Cohen (Harvard Law) &  Daniel L. Chen (Duke Law) have recently posted their article "Trading-Off Reproductive Technology and Adoption: A Response to Appleton and Pollak," Minnesota Law Review on SSRN.  Here is the abstract:

As part of the Minnesota Law Review's Headnote online forum, we respond in this paper to Profs Susan Frelich Appleton & Robert A. Pollak, Exploring the Connections Between Adoption and IVF: Twibling Analyses, 95 MINN. L. REV. HEADNOTES 60, 66–69 (2011), which is itself a response to our article, Trading-Off Reproductive Technology and Adoption: Does Subsidizing IVF Decrease Adoption Rates and Should It Matter?, 95 MINN. L. REV. 485 (2010), 

We view Professors Appleton and Professor Pollak’s response to our article as both complimentary and complementary. First, they are extremely generous with their praise for our project, which is particularly gratifying given how important their own work has been in the field. Second, and perhaps more importantly, they suggest a number of new tangents and ideas prompted by our project. We first summarize those contributions and how we think they fit with our article. We then very briefly discuss a few instances where we might characterize what we have said differently than they do.


August 20, 2012 in Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)