Family Law Prof Blog

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

Sunday, July 17, 2016

Pakistani model's brother says he killed her for 'honor'

From Fox News World:

The brother of slain Pakistani model Qandeel Baloch on Sunday confessed to strangling her to death for "family honor" because she posted "shameful" pictures on Facebook.

Baloch, who had become a social media celebrity in recent months, stirred controversy by posting pictures online taken with a prominent Muslim cleric. She was found dead on Saturday at her family home in the central city of Multan.

Police arrested her brother, Waseem Azeem, and presented him before the media in Multan, where he confessed to killing her. He said people had taunted him over the photos and that he found the social embarrassment unbearable.

"I was determined either to kill myself or kill her," Azeem told The Associated Press as he was being led away.

Read more here.

July 17, 2016 | Permalink | Comments (0)

Saturday, July 16, 2016

Controversial Pro-Life Governor is Chosen as Vice Presidential Candidate

From USA Today:

On Friday, July 16, Donald Trump made the announcement that Indiana Governor, Mike Pence, will be his running mate. Pence has been in the national spotlight due to his controversial recent bill regarding restrictions on access to abortions in Indiana. Reactions to Trump's announcement were "immediate" for pro-life and pro-choice groups.

Planned Parenthood has long stood against Pence's endeavors in Indiana and the selection of such a candidate sends a "terrifying message" to women across the nation.

Read more here.

July 16, 2016 in Abortion | Permalink | Comments (0)

Friday, July 15, 2016

Jacobs: Parental Parity: Intentional Parenthood's Promise

Melanie B. Jacobs recently published Parental Parity: Intentional Parenthood's Promise, 64 Buffalo Law Review 465 (2016) on SSRN.  Here is the abstract:

Parental Parity begins a critical dialogue regarding the reformation of legal parentage. Scholars have been advocating for more than a decade that courts and legislatures eschew traditional status based parentage (e.g., birth and biology) in the context of parentage establishment when assisted reproductive technologies (“ARTs”) are used. Parental Parity sets forth a much bolder agenda: to use intentional parenthood as the default framework to establish all legal parent-child relationships at birth. Intentional parenthood is a superior parentage establishment doctrine because it appropriately captures who should and should not be a parent. It avoids the over and under inclusive problems of traditional status based parentage. Most importantly, intentional parenthood yields parental parity: the doctrine’s neutrality prevents inherent discrimination based on gender, sexual orientation, marital status, and class. While other scholars have written about the issue of intentional parenthood, no other scholar has specifically advocated for intentional parenthood as the default basis for establishing all parent-child relationships at birth. Parental Parity represents the culmination of my previous scholarship advocating against status-based parentage and sets forth a broader agenda and proposal to reform parenthood in the 21st century.

Read more here.

July 15, 2016 | Permalink | Comments (0)

Thursday, July 14, 2016

Statistics Concerning Marriage Among British Population Shows a Move Away from Traditional Marriage

From Family Law Week:

Since 2002, Brits have been trending toward a less-than-traditional view of marriage. Many are marrying later, if at all, and are choosing cohabitation over traditional nuptials.

Read more here.

July 14, 2016 | Permalink | Comments (0)

Wednesday, July 13, 2016

Flynn--Possible Republican Vice President Nominee--States that Women Should Have the Right to Choose

From the Los Angeles Times:

After meeting with Presidential candidate, Donald Trump, Michael Flynn is rumored to have been vetted for the Vice Presidency. While being questioned about domestic relations, including same-sex marriage and abortion, the possible nominee stated that he did not believe these were big issues in America—stating that he is more concerned about national security. This runs counter to the ideologies of many Republicans—especially the idea that women should be able to have the right to terminate a pregnancy.

Read more here.

July 13, 2016 | Permalink | Comments (0)

Tuesday, July 12, 2016

Foster-Mother, Not Biological Aunt, Granted Custody of Child

From the Pittsburg-Post Gazette:

After a length court proceeding, custody of a child has been given to her foster-mother rather than her biological aunt. The child’s aunt, a Cameroonian teacher, came to the United States seeking to adopt the child at approximately the same time that the foster-mother was seeking adoption of the same. The court finally held that the foster-mother’s relationship with the child was one of tenderness, stability, and held that, ultimately, it was in the best interests of the child to remain in her custody.

Read more here.

July 12, 2016 | Permalink | Comments (0)

Monday, July 11, 2016

Illinois LGBT Community Urged to Foster Homeless LGBT Youths

From The Chicago-Sun Times

Illinois’ state child-welfare agency is urging LGBT adults to foster high-risk LGBT youth. Many of these youths are homeless due to a plethora of reasons; such as, family rejection, employment discrimination, and mental health problems stemming from stigmatization. The agency urges LGBT adults to foster the youths in effort to provide mentorship.

Read more here.

July 11, 2016 | Permalink | Comments (0)

Sunday, July 10, 2016

Katie Coombs: Don't give up on family dinners

From USA Today:

 

At those family dinners, we all would share our best and worst thing of the day and help each other through our complicated issues. With the different opinions and different ages at the table, we learned a great deal about one another and our relationships strengthened. To this day, I am incredibly close to my brother and sister and I think that closeness began at the dinner table. My parents divorced when I was 11, but my mom kept up the tradition of the family dinner and we still get together often for dinner even though our family has now become quite large.

Many parenting sites today actually speak out against the family dinner and lessen the importance of this every sacred time together. One popular blog recently stated that “our kids are set up to want to be at table whether they are eating or not; there is no pressure to stay seated, eat stuff they do not like, or continue to eat when they are not hungry. They are welcome to come and go as they please (or not come at all).” The writer further goes on to say that “we do not require our children to sit at the dinner table with us, though most often they choose to. Sometimes they watch a YouTube video while at the table, and we ask them to turn down the volume. Sometimes they read a book, and we remind them not to knock over their water.”

Read more here.

 
 
 
 

July 10, 2016 | Permalink | Comments (0)

Saturday, July 9, 2016

Federal judge blocks Mississippi law protecting gay-marriage bias based on religious beliefs

From the ABA Journal:

A federal judge has blocked a Mississippi law that protects those who discriminate based on a religious belief against gay marriage, premarital sex and transgender recognition.

U.S. District Judge Carlton Reeves of Jackson, Mississippi, issued a preliminary injunction on Thursday that blocks the law, known as HB 1523, report the New York Times, the Washington Post and theClarion-Ledger.

Reeves said the law violates the establishment clause because it has “put its thumb on the scale to favor some religious beliefs over others.” The law also violates the equal protection clause, he said, because it authorizes arbitrary discrimination against lesbian, gay, transgender and unmarried persons.

Read more here.

July 9, 2016 in Marriage (impediments) | Permalink | Comments (0)

Friday, July 8, 2016

The Secret Superpower of a Shared-Custody Kid

From the New York Times:

At 5:25 p.m., my mother pulled into our driveway. I saw my dad’s Cadillac waiting for us and glanced at Mom, whose broad smile instantly flattened. At 10 years old, I could already read her thoughts: Pickup time was 5:30, and she wasn’t willing to suffer accusations of tardiness, just because he was Mr. Punctuality.

Six-foot-five with jet-black hair, my father cut an intimidating figure, even if I knew that he liked nothing more than to turn his long arms and legs into props as he made up the words to songs and did goofy dances. Now, he was all business, and gestured at his watch angrily.

“I still have five minutes,” my mother said. She was generally vivacious, but when feeling threatened, she could transform herself into an ice queen.

“What’s the matter with you? Daylight saving time,” my father said. He’d been waiting an hour. She had made this mistake at least once before.

Read more here.

July 8, 2016 | Permalink | Comments (0)

Thursday, July 7, 2016

Family Regulation — Good or Bad?

From The Huffington Post:

Couples A and B each have two children. Couple A has been married for ten years. Couple B has also been married for ten years. One of the partners in each of these couples earns the same amount of money. The other partner in each couple also earn the same amount of money, which is about one-fourth of that amount. The higher earning partner in each of these couples is a very controlling person. That partner decides how much money is spent by the family and how much is saved. These include such decisions as whether the children can attend certain extracurricular activities or camp, how much the other partner can spend on clothes and personal effects and what is done with savings. If the children want something that the higher earner won’t provide, they either don’t get it or the lower earning spouse uses what the person has available to try and provide it.

Couple A separates, couple B does not. When Couple A separate, the higher-earning controlling spouse loses a significant amount of that control. The similarly-situated spouse in Couple B never loses that control.

Read more here.

July 7, 2016 | Permalink | Comments (0)

Wednesday, July 6, 2016

Families of Jewish refugees who fled the Nazis want to leave UK for Germany after Brexit

From the Independent:

Descendants of Jewish refugees who fled to the UK to escape from Nazi persecution are seeking German nationality following the referendum in which Britain to leave the European Union, The Independent has learned.

The political and economic upheaval which has followed Brexit has led to a surge in the numbers of Britons seeking to become nationals of states in the EU. A large majority of them have been after Irish passports but other countries, too, are having an unprecedented amount of inquiries from those seeking another passport.

German nationality can be obtained by someone who has at least one parent who is German. The other normal route for foreigners to get German nationality would be a certain minimum period of continual stay in the country. 

Read more here.

July 6, 2016 | Permalink | Comments (0)

Tuesday, July 5, 2016

Obama plan would send $19M to Indiana to fight opioid abuse

From SFGate:

MUNSTER, Ind. (AP) — Indiana stands to receive $19 million to fight opioid abuse if Congress approves President Barack Obama's $1.1 billion program to address the problem nationwide.

In 2014, 450 Indiana residents died from overdoses of opioids, which include heroin and prescription painkillers such as OxyContin and fentanyl, The (Munster) Times reported. Yet, Indiana has one of the country's worst shortages of substance abuse specialists, according to the Pew Research Center. Nationally, the Centers for disease control and prevention estimates opioid overdoses kill 78 Americans each day.

The White House Office of National Drug Control Policy organized a conference call with reporters Friday to promote Obama's plan. On the call, Jodie Hicks of Lafayette, Indiana, described her struggle to get her son treatment for his heroin addiction. The closest methadone clinic is 60 miles away in Indianapolis.

For 10 months she drove her son to the facility and back every day. When she couldn't make the trip any longer, he got back on heroin.

Read more here.

July 5, 2016 | Permalink | Comments (0)

Battle Over Eggs in the UK

From BBC:

A woman who wants to use her dead daughter's frozen eggs to give birth to her own grandchild has won a Court of Appeal battle.

The 60-year-old woman was appealing against the UK regulator's refusal to allow her to take her only child's eggs to a US clinic.

Her daughter, who died in 2011, was said to have asked her mother to carry her babies.

The mother lost a High Court case last year.

She was subsequently granted permission to challenge the decision at the Court of Appeal in London, before a panel of three judges.

Read more here.

Hat Tip: ES

July 5, 2016 | Permalink | Comments (0)

Monday, July 4, 2016

Legal technicians provide family law assistance

From the News Tribune:

VNavigating the family law system can be an overwhelming and emotional process, especially for people who have no choice but to represent themselves in court.

The number of pro se litigants has steadily increased across the country, with between 60 to 90 percent of family law cases involving at least one party with no legal representation, according to information released by the American Bar Association in 2013.

"People are kind of in a society of do-it-yourself. Some people may be able to afford an attorney, but others can't. We are seeing more and more people representing themselves," Clark County Chief Deputy Clerk Baine Wilson said.

Local and state agencies recognize a strong need for assistance and have begun offering alternatives to help guide the public through the process, reported The Columbian.

Read more here.

July 4, 2016 in Attorneys, Resources - Adoption, Resources - Bar Associations, Resources - Child Custody, Resources - Child Support, Resources - Children & the Law, Resources - Civil Rights & Family Rights, Resources - Divorce, Resources - Domestic Violence, Resources - Research | Permalink | Comments (0)

Sunday, July 3, 2016

Will Brexit affect the UK adoption of Eastern European migrants' children?

From the Guardian:

Ilona, 20, came to Britain from Hungary two years ago to make a better life for herself, and has worked as a hotel chambermaid. An attempt to get a late abortion brought her to the attention of children’s social services. She told social workers that she and her partner did not have the financial means to look after their daughter and were prepared for her to be taken into care and adopted in Britain.

The parents wanted nothing further to do with their child, Annuska, but they did want the best for her and opposed the local authority’s plans to return her to Hungary for adoption or to be looked after by another family member. They didn’t want relatives in Hungary to know about their child or for her to know about her origins and history.

They firmly believe the better life they sought for themselves in Britain should be available to their child. But Hungary regards all children born to Hungarian parents as its nationals and demands the right to decide the fate of those who may be subject to care proceedings or adoption in Britain.

Annuska’s case is far from unique.

Read more here.

July 3, 2016 in Adoption | Permalink | Comments (0)

Saturday, July 2, 2016

Governor Mike Pence Rumored as Trump's Running Mate

From The Washington Post:

Indiana Governor, Mike Pence, was invited to meet with Republican Presidential Candidate, Donald Trump. Even though Trump has not yet announced his running mate the general election, rumors have begun to swirl that Pence might be on the ticket. Pence has been in the news following a number of controversial laws passed in Indiana—including an abortion law that was recently enjoined by the United States District Court.

Read more here.

July 2, 2016 | Permalink | Comments (0)

Friday, July 1, 2016

Same-Sex Couples Win Birth Certificate Suit in Indiana Federal Court

From IndyStar:

After eight same-sex couples sued the state of Indiana for only allowing a mother and father the right to be listed on a child’s birth certificate, a U.S. District Judge has overturned the law. Previously, the mother who did not carry the child had the option to adopt the child, even if the woman donated the egg to the woman who was carrying.

The law will allow for the preservation of families and a greater sense of dignity to same-sex couples.

Read more here.

July 1, 2016 | Permalink | Comments (0)

Thursday, June 30, 2016

Victory for Planned Parenthood and ACLU in Indiana Over Abortion Law

From U.S. News:

United States District Judge, Tanya Walton Pratt, granted a preliminary injunction that blocks an Indiana law that sought to ban abortions because of a fetus’ genetic abnormalities, race, or gender. Furthermore, the injunction blocks portions of the law which mandate that the remains of an aborted or miscarried fetus be cremated or buried. Had the law not been blocked, it would have taken effect Friday, July 1, 2016.

Governor Mike Pence signed the new law in March after it was approved at this year’s legislative session. Supporters of the law claim that the purpose was to prohibit discrimination that might occur due to improved genetics testing.

The suit was originally brought in April by Planned Parenthood of Indiana and Kentucky on grounds that the law is a violation of privacy and is unconstitutional pursuant to other Supreme Court rulings. The ACLU of Indiana, represented by Ken Falk, challenged the portion of the law pertaining to disposal of the remains.

Read more here.

June 30, 2016 in Abortion | Permalink | Comments (0)

Wednesday, June 29, 2016

Case Out of NJ

From The Daily Journal:

The Millville Rescue Squad has lost a fight in New Jersey Supreme Court to squash a discrimination lawsuit brought by its former operations director, who claims he was fired in 2006 because superiors disapproved of he and his wife’s intention to get a divorce.

The N.J. Supreme Court, in a unanimous and precedent-setting decision released on Tuesday, found that former MRS Operations Director Robert Smith has the right to have a jury weigh his claims and ordered he receive a new civil trial.

Tuesday night, the rescue squad issued a short statement: "The causative action brought by Mr. Smith against MRS lacks merit and was subsequently dismissed by the Cumberland County Superior Court for this reason.  The matter was heard by the higher court for clarification of a technicality.  MRS is confident we will prevail on the facts at retrial."

Read more here.

Hat Tip: NC

June 29, 2016 | Permalink | Comments (0)