Family Law Prof Blog

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

Monday, July 31, 2017

Removal of Kids for Parents' IQ Scores

From OregonLive:

The nursery in Amy Fabbrini and Eric Ziegler's home is filled with unread children's books and unworn baby clothes. A Winnie the Pooh blanket lies untouched inside a crib where a child has never slept.

For nearly four years, the Redmond couple has been fighting to prove to the state of Oregon that they are intellectually capable of raising their children. The Department of Human Services has removed both of their boys, saying the parents are too mentally limited to be good parents.

Fabbrini, 31, and Ziegler, 38, lost custody of their older son, Christopher, shortly after he was born. Five months ago, the state took their second child, newborn Hunter, directly from the hospital. Both are now in foster care. 

"I love kids, I was raised around kids, my mom was a preschool teacher for 20-plus years, and so I've always been around kids," Fabbrini said. "That's my passion. I love to do things with kids, and that's what I want to do in the future, something that has to do with kids."

No abuse or neglect has been found, but each parent has a degree of limited cognitive abilities. Rather than build a network of support around them, the state child welfare agency has moved to terminate the couple's parental rights and make the boys available for adoption.

Read more here.

July 31, 2017 | Permalink | Comments (0)

Wife of Slain Officer Gives Birth Two Years Later

From The Washington Post:

Many people saw Pei Xia Chen for the first time at one of her most difficult moments.

In December 2014, her husband, New York City police officer Wenjian Liu, and his partner, Rafael Ramos, were ambushed and killed in their patrol car.

Read more here.

July 31, 2017 | Permalink | Comments (0)

Sunday, July 30, 2017

New Abortion Restrictions in Missouri

From NPR:

Missouri already has some of the strictest abortion laws in the country. Now it's looking to place new requirements on the procedure, including having doctors meet with women seeking abortions before formal consent can be given and requiring the health department to hold unannounced annual inspections of abortion clinics.

Read more here.

July 30, 2017 | Permalink | Comments (0)

Saturday, July 29, 2017

Parental Rights in Child's Health Care

From the Economist:

AFTER five months of agonising court battles, on July 24th the parents of Charlie Gard, an 11-month-old boy suffering from a rare genetic disorder, ended their fight to keep their son alive.  They had wanted to take him to America to receive an experimental treatment that his doctors in Britain argued was not in his interests.  The case has raised intense debate around the world about the limits of the power of parents and the state.

Read more here.

July 29, 2017 | Permalink | Comments (0)

"The Millennial Success Sequence"

From Professors June Carbone & Naomi Cahn, writing for the Institute for Family Studies:

What role does the family play in an age of increasing inequality? Two long-term changes determine the result. The first is a shift in family formation strategies. As we wrote in Red Families v. Blue Families in 2010, a new “blue family” value system emerged to prepare young adults for the changes associated with the information economy. Men and women in this system delay family formation until after they reach emotional maturity and financial independence. Adult commitments rest on flexibility and trust, and childbearing is seen as a critical responsibility best undertaken through planning and preparation. We compared this system with a more traditional or “red family” value approach that placed greater emphasis on shepherding sexuality into marriage and socializing young people into adulthood through the acceptance of gendered marital roles.

The second change has been the emergence of family form as a marker of class. The groups with the most stable marriage rates—and the most stable families—are those with more education or more income. Two-thirds of Millennials without a high school education, for example, had a nonmarital child compared to nine percent of those with a college degree or additional education. These family differences correspond to differences in income and wealth and appear to compound them.

A new report from IFS and AEI, The Millennial Success Sequence, beautifully reveals how the life patterns of Millennials illustrate these long-term changes: Millennials who are most likely to achieve economic security "get at least a high school degree, work, and then marry before having any children, in that order." The report found that those with less than a high school education were about five times less likely than those with a bachelor’s or higher degree to be in the middle or top third of the income distribution. Completing education, securing a job, and committing to the right partner in a stable marriage relationship constitutes “a sequence” important to achieving middle-class financial status and providing a stable foundation for family life.

Read more here.

July 29, 2017 | Permalink | Comments (0)

Defining Close Family under Travel Ban

From NPR:

The Supreme Court has upheld parts of a lower court order that had widened the definition of which citizens from the six Muslim-majority countries covered by the Trump administration's travel ban are still eligible to travel to the U.S.

The order issued Wednesday leaves in place the action of a U.S. District Court judge in Hawaii who broadened the definition of close family to include categories such as the grandparents and cousins of a person in the U.S.

Read more here.

July 29, 2017 | Permalink | Comments (0)

Review of "Gendered Law in American History"

Professors’ Richard Chused and Wendy Williams book, Gendered Law in American History, has been identified by Janet Halley as one of the best works of recent scholarship relating to Family Law, in a review published in Jotwell: The Journal of Things We Like (Lots):

But for those of us who are not legal historians, answering that question is very hard work. There are plenty of classics to turn to, from Michael Grossberg’s Governing the Hearth to Hendrik Hartog’s Some Day All This Will Be Yours.  But a new resource offers a comprehensive, elegantly curated collection of primary documents that shed light on a range of the most important themes: Gendered Law in American History by Richard Chused and Wendy Williams. This rich resource—more than 1200 pages—is ideal summer reading for family law enthusiasts!

Read the review here.

 

 

 

July 29, 2017 | Permalink | Comments (0)

Kentucky Pays for Refusing Same-Sex Marriage Licenses

From The New York Times:

A federal judge on Friday ordered Kentucky to pay more than $224,000 in legal fees and costs because one of its county clerks had refused to issue marriage licenses to same-sex couples.

The order, handed down by Judge David L. Bunning of United States District Court, moved the protracted case one step closer to conclusion, about two years after the Rowan County Clerk, Kim Davis, defied a landmark Supreme Court ruling in 2015 and decided not to issue the marriage licenses.

Read more here.

July 29, 2017 | Permalink | Comments (0)

Friday, July 28, 2017

Texas Bill to Revoke Medical Licenses for Doctors Who Perform Abortions

From The Texas Observer:

A bill filed in the Texas Legislature’s special session would revoke the licenses of doctors who perform abortions in the state, with limited exceptions.

The measure, filed by far-right Representative Valoree Swanson, R-Spring, would expand the “prohibited practices” that result in a physician’s license being revoked, a category that already includes several abortion-related measures. Under House Bill 86, almost all abortions would be prohibited, with very narrow exceptions for the health of the woman and fetus: when necessary to save the life of the woman or prevent “substantial and irreversible physical impairment of a major bodily function, other than a psychological condition,” or when the procedure is necessary to ensure the viability of another fetus she’s carrying.

Read more here.

July 28, 2017 in Abortion | Permalink | Comments (0)

Thursday, July 27, 2017

Time and Marriage

From Refinery29:

Modern couples are rewriting the rulebook when it comes to weddings and marriage. We're spending less on more unique and interesting engagement rings and waiting until later in our lives than previous generations to tie the knot.
 
Not only that, but we're also spending longer in our relationships before getting married. According to a survey of 4,000 recently married
couples by Bridebook.co.uk, the average couple spends 4.9 years in a relationship before getting married, meaning we know our partners better than ever before walking down the aisle.
 

Read more here.

July 27, 2017 in Marriage (impediments) | Permalink | Comments (0)

Wednesday, July 26, 2017

Israel and Alimony

From The Jerusalem Post:

The Supreme Court ruled on Wednesday that divorced mothers of children aged six to 15 will have to share equally the financial burden of child support with the fathers if their salaries are equal or the woman’s is higher and children are in joint custody.

The ruling, issued by an expanded panel of seven justices, was given in response to an appeal by two divorced men whose ex-wives earned higher salaries than they did but who were still required to pay child support even though their children were in joint custody.

Read more here.

July 26, 2017 | Permalink | Comments (0)

Tuesday, July 25, 2017

ACLU Sues AR to Block Abortion Law

From CNN News:

(CNN) Arkansas has some of the most restrictive abortion laws in the country, and a new one set to go into effect at the end of the month has drawn the ire of the ACLU.

The American Civil Liberties Union has sued to block the law, which it says would force a woman who's been sexually assaulted to get permission from her rapist before she has an abortion.

Read more here.

July 25, 2017 | Permalink | Comments (1)

Monday, July 24, 2017

First Antarctic Wedding

From BBC News:

Tom Sylvester and Julie Baum will tie the knot at the Rothera Research Station on Adelaide Island to the west of the Antarctic Peninsula.

The ceremony will take place over the weekend and be performed by station leader and BAT magistrate Paul Samways.

Miss Baum said: "Getting married in Antarctica feels like it was meant to be. There is no better place."

Read more here.

July 24, 2017 | Permalink | Comments (0)

Sunday, July 23, 2017

Divorce Finance

From Forbes:

Divorce is never easy. It represents the end of a way of life you have known for years. Not only could a divorce wear you out emotionally, it could wear you out financially. Even the wealthiest may not have sufficient access to capital during a divorce. Assets could be frozen during the pendency of a divorce. Some turn to friends or family for capital but, for some, this is not an option and certainly it is not an easy ask.

Read more here.

July 23, 2017 in Divorce (grounds) | Permalink | Comments (1)

Saturday, July 22, 2017

Penn State Child Sex Abuse Admins Surrender for Jail Sentence

From The Los Angeles Times:

Two former high-ranking Penn State administrators surrendered Saturday morning to serve jail sentences for how they responded to a 2001 complaint about Jerry Sandusky showering with a boy.

Former university Vice President Gary Schultz and former Athletic Director Tim Curley turned themselves in, according to Lt. Michael Woods, the shift commander at the Centre County Correctional Facility. Wood confirmed their surrender, but said he was not authorized to release any other details from the jail, which is about 135 miles east of Pittsburgh. The lockup is about 7 miles northeast of Penn State's main campus.

Read more here.

July 22, 2017 in Child Abuse | Permalink | Comments (0)

Friday, July 21, 2017

Careers and Divorce Rate

From Marketwatch:

Marriage problems are more likely for people in some career paths than others.

Workers in certain fields are seeing higher divorce rates by age 30, a new analysis of U.S. Census Data from career website Zippia found. The highest divorce rate was for first-line enlisted military supervisors, its analysis of Census Bureau’s Public Use Microdata Sample, or PUMS, data found. They had a divorce rate of 30%. The occupation involves leading operations and coordinating the activities of enlisted military personnel.

Read more here.

July 21, 2017 | Permalink | Comments (0)

Thursday, July 20, 2017

Malta Latest to Legalize Same-Sex Marriage

From The New York Times:

VALLETTA, Malta — Lawmakers in Malta, a predominantly Roman Catholic country, voted to legalize same-sex marriage on Wednesday, joining much of Western Europe by replacing the traditional “you are now husband and wife” declaration in civil ceremonies with “you are now spouses.”

Only one lawmaker out of 67 in the Maltese Parliament voted against the legislation, signaling its broad support on the island nation despite opposition from the Catholic Church.

Read more here.

July 20, 2017 | Permalink | Comments (0)

Wednesday, July 19, 2017

Solutions to Child Abuse in NC

From WRLA News:

— Child abuse and neglect leads to long-term social, emotional and health consequences, according to leaders of a North Carolina organization looking to stop abuse.

Prevent Child Abuse NC said that a lifetime of estimated costs associated with just one year of confirmed cases of child maltreatment is $2 billion in North Carolina alone. That's only part of the reason why the group wants to help more children avoid these problems.

Read more here.

July 19, 2017 | Permalink | Comments (0)

Tuesday, July 18, 2017

Indiana Appeals Federal Abortion Ruling

From IndyStar:

The state of Indiana will appeal a federal ruling blocking an abortion law that would make it more difficult for minors to get an abortion without their parents' consent, according to court documents filed Friday. 

The Indiana attorney general's office filed the notice of appeal Friday, just over two weeks after a federal judge blocked parts of Senate Enrolled Act 404, which would have gone into effect July 1.

In a Friday statement about the appeal, the office of Indiana Attorney General Curtis Hill repeated its June 29 criticism of the injunction that called any challenge to the new law "an attempt to give courts rather than parents the legal guardianship of children."

Read more here.

July 18, 2017 | Permalink | Comments (0)

Monday, July 17, 2017

Las Vegas Weddings Down

From Bloomberg:

Roland August has officiated at thousands of weddings in Las Vegas, the self-proclaimed capital of “I do.”

But these days August—who often presides dressed as Elvis Presley—has a rare vantage point from which to observe the nation’s long shift toward “I don’t.”

Nevada’s marriage rate has plummeted in recent decades, an extreme version of a pullback happening across the U.S. The forces that have reshaped the nation’s economic life since the 1970s have helped make marriage an institution increasingly reserved for the well-educated and more affluent. A spate of recent research suggests America’s marriage gap is cementing disadvantage.

Read more here.

July 17, 2017 in Games | Permalink | Comments (1)