Family Law Prof Blog

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

Saturday, November 10, 2012

Splitting Up Friends Post-Divorce

Huffington Post blogger Christina Pesoli acknowledges the difficulty of keeping friends after a divorce, and also puts forth a guide on how to keep your most valuable friends.  Even more beneficial, she separates friends into four different categories:  steady eddies, crisis junkies, fake friends, and invisible friends.

Read more here.


November 10, 2012 in Current Affairs | Permalink | Comments (2) | TrackBack (0)

Friday, November 9, 2012

Worst TV Role Models

A new Huffington Post blog entry, presented by Common Sense Media, lists the 10 worst TV role models for 2012.  The list consists of many predictable individuals (Kim Kardashian and Kris Jenner, Honey Booboo's mother, the dance instructor from Dance Moms) as well as some surprise entries (Squidward from SpongeBob Squarepants).  Reasons for these individuals making the list are given.

Read it here.


November 9, 2012 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Thursday, November 8, 2012

NJ Court Ruling on Surrogate Parents


A woman who arranges for a surrogate to give birth by using someone else’s eggs cannot be considered the mother unless she adopts the child, a sharply divided state Supreme Court ruled...

In the first big test of New Jersey’s laws governing surrogate parents since the 1988 Baby M case, the court said women need to have a genetic or biological connection to a child in order to be considered the mother prior to adoption.

Read more here.


November 8, 2012 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Wednesday, November 7, 2012

Adoption in the Media

From the Huffington Post:

Diggs moved ahead with the adoption after the 30 days passed and sees Morgan regularly. The show premieres with her story and that of Morgan's two dads on Oct. 30, with other segments featuring other same-sex and heterosexual couples.

The series, produced by Tony DiSanto and Liz Gateley, coincides with a heart-wrenching account of domestic adoption gone wrong in the October issue of Vogue magazine, headlined "The Long Wait."

New York writer Jennifer Gilmore chronicles her failed attempts to conceive with her husband and their two years of trying to arrange an open adoption, so their baby's biological parents could be part of their lives. The difference: This story's ending wasn't a happy one for the childless couple.

Read more here.


November 7, 2012 in Adoption | Permalink | Comments (1) | TrackBack (0)

Tuesday, November 6, 2012

Same-Sex Marriage on Today's Ballots

From the Los Angeles Times:

CLEVELAND — Maryland and Maine appeared poised to become the first states in the nation to back same-sex marriage at the ballot box Tuesday night, and other gay-marriage measures were on the ballot in Minnesota and Washington.

The issue had been before voters 32 times and had been rejected every time. But activists say public opinion has shifted since 2008, when California passed a constitutional amendment reserving marriage for heterosexual couples. A 2010 poll showed that, for the first time, more Americans supported gay marriage than opposed it, and in May, President Obama endorsed same-sex marriage.

Read more here.


November 6, 2012 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Adoption & Islamic Law

From Professor Faisal Kutty of the Valparaiso University School of Law writing for the Jurist:

Conventional wisdom — among both Muslims and non-Muslims — holds that adoption, as practiced in much of the Western world, is alien and prohibited by dictates of Islam. This, of course, ignores the sophistication and nuances of both Western law and Islamic dictates. Indeed, adoption rights activists have struggled to find ways around the difficulties this simple binary causes for some children and prospective adoptive parents. With the growth of the Muslim population in the West, there is now an increased urgency to tackle this issue as some Muslims wish to adopt children from jurisdictions governed by Islamic law. 

Four recent developments in the context of Islam and adoptions, including the European Court of Human Rights (ECHR) decision of October 4, 2012 (though not yet final), in Harroudj v. France, provide for some optimism that we may be at the cusp of a sea change in this area.

Read more here.


November 6, 2012 in Scholarship, Family Law | Permalink | Comments (3) | TrackBack (0)

DeMichele: "Domestic Violence Trials: Winning the Case and Minimizing the Impact on Children"

A new article, by Richard DeMichele, Jr., “Domestic Violence Trials:  Winning the Case and Minimizing the Impact on Children,” in American Journal of Family Law, on September 1, 2012, advises advocates on how to win a domestic violence case.  Tips include treating a domestic violence bench trial like it was a jury trial and using demonstrative evidence in such trials.  Further tips are provided for both those representing the alleged abuser and the alleged victim.  Download Domestic Violence Trials.


November 6, 2012 in Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)

Postsecondary Educational Support in Canada

From Canada's National Post:

In a case that highlights the “parent as wallet” scenario playing out in family courts, in which an estranged parent questions having to support an adult child who has severed contact, a judge has struck down a father’s bid to cut off university tuition payments.

But the Ontario Superior Court justice ordered the daughter to pay substantially more of her own money toward her education, sympathizing with the father whose children’s decision to sever ties with him had been heavily influenced by their mother’s reaction to his post-marital life.

Now that his eldest daughter is in her first year of university and will turn 19 next week, the father wanted to terminate any obligation to pay child support or her university expenses because she and her sister are now completely alienated from him despite his numerous efforts to have a relationship with them.

Read more here.



November 6, 2012 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Sunday, November 4, 2012

Grandparent Visitation Case in KY

Last week, the Kentucky Supreme Court interperted the state's grandparents' visitation statute in light of Troxel.  The court held:

In accordance with Troxel, we hold that a fit parent is presumed to act in the best interest of the child.  A grandparent petitioning for child visitation contrary to the wishes of the child's parent can overcome this presumption of validity only with clear and convincing evidence that granting visitation to the grandparent is in the child's best interest. In determining the child's best interest, the trial court can turn to the factors in the modified best interest analysis, which we outline in this opinion.

Read the opinion here.


Hat Tip:  Jamie Abrams

November 4, 2012 in Current Affairs | Permalink | Comments (0) | TrackBack (0)