http://www.alliancealert.org news from the frontlines of the culture war Thu, 24 May 2012 23:12:00 +0000 en hourly 1 http://wordpress.org/?v=3.1.3 http://www.alliancealert.org/2011/03/25/colorado-supreme-court-on-parents%e2%80%99-getting-back-custody-of-children-after-voluntarily-appointing-temporary-guardians/ http://www.alliancealert.org/2011/03/25/colorado-supreme-court-on-parents%e2%80%99-getting-back-custody-of-children-after-voluntarily-appointing-temporary-guardians/#comments Fri, 25 Mar 2011 17:45:21 +0000 ADF Alliance Alert http://www.alliancealert.org/?p=99192 ]]> http://www.alliancealert.org/2011/03/25/colorado-supreme-court-on-parents%e2%80%99-getting-back-custody-of-children-after-voluntarily-appointing-temporary-guardians/feed/ 0 http://www.alliancealert.org/2011/03/25/civil-gideon-in-deadbeat-dad-cases-would-be-%e2%80%98massive%e2%80%99-change-lawyer-tells-justices/ http://www.alliancealert.org/2011/03/25/civil-gideon-in-deadbeat-dad-cases-would-be-%e2%80%98massive%e2%80%99-change-lawyer-tells-justices/#comments Fri, 25 Mar 2011 16:58:55 +0000 ADF Alliance Alert http://www.alliancealert.org/?p=99160 ABA Journal: At issue is whether Michael Turner had a due-process right to an appointed lawyer when he was sentenced to a year in prison for failing to pay child support. ]]> http://www.alliancealert.org/2011/03/25/civil-gideon-in-deadbeat-dad-cases-would-be-%e2%80%98massive%e2%80%99-change-lawyer-tells-justices/feed/ 0 http://www.alliancealert.org/2011/02/18/texas-appeals-court-approves-registration-of-california-same-sex-custody-decree/ http://www.alliancealert.org/2011/02/18/texas-appeals-court-approves-registration-of-california-same-sex-custody-decree/#comments Fri, 18 Feb 2011 22:14:53 +0000 ADF Alliance Alert http://www.alliancealert.org/?p=95951 Leonard Link: "The Texas Court of Appeals (1st District - Houston) ruled on February 10 that the Harris County District Court had properly ordered the registration of a California parentage judgment involving a gay male couple who were intended parents under a gestational surrogacy agreement. Ruling unanimously in Berwick v. Wagner, No. 01-09-00834-CV, the court found that such registration complied with the requirements under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a uniform law that has been adopted by both states." ]]> http://www.alliancealert.org/2011/02/18/texas-appeals-court-approves-registration-of-california-same-sex-custody-decree/feed/ 0 http://www.alliancealert.org/2011/01/28/dad-ex-wife-too-religiously-extreme-for-son/ http://www.alliancealert.org/2011/01/28/dad-ex-wife-too-religiously-extreme-for-son/#comments Fri, 28 Jan 2011 16:19:57 +0000 Admin http://www.alliancealert.org/?p=94017 WLS Chicago: "A woman who is now married to a Hasidic Jew accuses her ex-husband of not following their custody agreement to support her religion." | For background on this case, see this ADF Alliance Alert compound tag: http://www.alliancealert.org/tag/state-illinois+topic-child-custody/ ]]> http://www.alliancealert.org/2011/01/28/dad-ex-wife-too-religiously-extreme-for-son/feed/ 0 http://www.alliancealert.org/2011/01/27/mothers-religious-beliefs-lead-to-award-of-health-care-decision-making-to-father/ http://www.alliancealert.org/2011/01/27/mothers-religious-beliefs-lead-to-award-of-health-care-decision-making-to-father/#comments Thu, 27 Jan 2011 17:44:20 +0000 Admin http://www.alliancealert.org/?p=93750 Religion Clause: "In Winters v. Brown, (FL App., Jan. 26, 2011), a Florida appellate court upheld applying the 'best interest of the child' test to affirm a trial court's award of control over health care decisions for his minor child to the child's father." ]]> http://www.alliancealert.org/2011/01/27/mothers-religious-beliefs-lead-to-award-of-health-care-decision-making-to-father/feed/ 0 http://www.alliancealert.org/2011/01/04/italian-court-lesbian-mother-cannot-be-denied-custody/ http://www.alliancealert.org/2011/01/04/italian-court-lesbian-mother-cannot-be-denied-custody/#comments Tue, 04 Jan 2011 17:57:18 +0000 Admin http://www.alliancealert.org/?p=89552 Life in Italy (ANSA): "A Sicilian court on Wednesday turned down a separated father's appeal for exclusive custody of his children on the grounds that his ex was living with another woman." ]]> http://www.alliancealert.org/2011/01/04/italian-court-lesbian-mother-cannot-be-denied-custody/feed/ 0 http://www.alliancealert.org/2010/12/22/nh-supreme-court-vacates-grandparent-visit-order/ http://www.alliancealert.org/2010/12/22/nh-supreme-court-vacates-grandparent-visit-order/#comments Wed, 22 Dec 2010 20:37:43 +0000 Admin http://www.alliancealert.org/?p=88257 Boston.com (AP): "The New Hampshire Supreme Court has thrown out a court order awarding visitation rights to a disabled 15-year-old girl's grandparents, saying the wishes of her mother were not given enough weight." ]]> http://www.alliancealert.org/2010/12/22/nh-supreme-court-vacates-grandparent-visit-order/feed/ 0 http://www.alliancealert.org/2010/12/09/gay-marriages-civil-unions-and-the-space-between-them/ http://www.alliancealert.org/2010/12/09/gay-marriages-civil-unions-and-the-space-between-them/#comments Thu, 09 Dec 2010 21:50:17 +0000 Admin http://www.alliancealert.org/?p=85803 writing at 365Gay.com: "First, [Gallagher is] right that civil unions and domestic partnerships are leading to marriage. Here’s some evidence: In Vermont, the first state to create the civil union, the legislature moved to full marriage equality in less than 10 years. Why? I’m sure each law-maker had his or her own reasons, but among them was surely a recognition – informed by a decade of experience and the report of a civil union commission – that this creative half-step was inadequate, confusing, and – most centrally – discriminatory." ]]> http://www.alliancealert.org/2010/12/09/gay-marriages-civil-unions-and-the-space-between-them/feed/ 0 http://www.alliancealert.org/2010/12/09/uk-new-lesbian-couple-in-row-with-their-babys-father/ http://www.alliancealert.org/2010/12/09/uk-new-lesbian-couple-in-row-with-their-babys-father/#comments Thu, 09 Dec 2010 20:39:15 +0000 Admin http://www.alliancealert.org/?p=85739 Christian Institute: "A baby girl looks set to become the subject of a bitter legal battle between her lesbian mother and her father." Related: UK: “Lesbian mother loses battle to stop gay father spending time with children” ]]> http://www.alliancealert.org/2010/12/09/uk-new-lesbian-couple-in-row-with-their-babys-father/feed/ 0 http://www.alliancealert.org/2010/12/02/uk-lesbian-mother-loses-battle-to-stop-gay-father-spending-time-with-children/ http://www.alliancealert.org/2010/12/02/uk-lesbian-mother-loses-battle-to-stop-gay-father-spending-time-with-children/#comments Thu, 02 Dec 2010 21:53:51 +0000 Admin http://www.alliancealert.org/?p=84745 Telegraph: "A lesbian mother has lost her Appeal Court battle to stop the wealthy gay father of her two children spending more time with them. The three appeal judges unanimously rejected her bid to overturn an order giving the father joint residency of the children a boy of ten and girl of seven." Decision is here. ]]> http://www.alliancealert.org/2010/12/02/uk-lesbian-mother-loses-battle-to-stop-gay-father-spending-time-with-children/feed/ 0 http://www.alliancealert.org/2010/11/24/american-court-refuses-to-honor-lebanese-islamic-court-child-custody-order/ http://www.alliancealert.org/2010/11/24/american-court-refuses-to-honor-lebanese-islamic-court-child-custody-order/#comments Wed, 24 Nov 2010 17:32:30 +0000 Admin http://www.alliancealert.org/?p=83877 Via The Volokh Conspiracy: "The case is Charara v. Yatim (Mass. Ct. App., decided today) [opinion can be accessed at this link]: 'Following a trial, a judge of the Probate and Family Court concluded that no deference was due the custody order issued by a Jaafarite religious tribunal (Jaafarite Court) in Lebanon. The probate judge based his decision on evidence, including the testimony of experts, that the Jaafarite Court’s custody order was not made in "substantial conformity" with Massachusetts law regarding the best interests of the children . . . " ]]> http://www.alliancealert.org/2010/11/24/american-court-refuses-to-honor-lebanese-islamic-court-child-custody-order/feed/ 0 http://www.alliancealert.org/2010/11/17/canadian-gay-custody-battle-could-redefine-parenthood/ http://www.alliancealert.org/2010/11/17/canadian-gay-custody-battle-could-redefine-parenthood/#comments Wed, 17 Nov 2010 22:26:44 +0000 Admin http://www.alliancealert.org/?p=82757 Toronto Sun: "The fight between two Calgary gay ex-lovers over custody of their daughter could advance same-sex parenthood rights in Alberta, says one of the litigants. The man says Court of Queen's Bench is expected to rule Dec. 8 on whether the province will be paying his past and future legal fees in a four-year battle that could fill a void in Alberta's Family Law Act that fails to legally define gay men as fathers." ]]> http://www.alliancealert.org/2010/11/17/canadian-gay-custody-battle-could-redefine-parenthood/feed/ 0 http://www.alliancealert.org/2010/11/12/top-malaysian-court-fails-to-rule-on-child-conversion/ http://www.alliancealert.org/2010/11/12/top-malaysian-court-fails-to-rule-on-child-conversion/#comments Fri, 12 Nov 2010 20:49:28 +0000 Admin http://www.alliancealert.org/?p=81865 The Straits Times: "Malaysia's top court on Friday sidestepped a ruling on whether children can be converted to Islam by one parent, a lawyer said, in a case closely watched by the nation's non-Muslim minorities." ]]> http://www.alliancealert.org/2010/11/12/top-malaysian-court-fails-to-rule-on-child-conversion/feed/ 0 http://www.alliancealert.org/2010/11/08/uk-gay-sperm-donor-fights-lesbian-mother-over-access-to-children/ http://www.alliancealert.org/2010/11/08/uk-gay-sperm-donor-fights-lesbian-mother-over-access-to-children/#comments Mon, 08 Nov 2010 21:28:50 +0000 Admin http://www.alliancealert.org/?p=80962 London Telegraph: "A homosexual sperm donor who fathered two babies by a lesbian after placing an advert in a magazine is now engaged in a legal dispute over access to the children." ]]> http://www.alliancealert.org/2010/11/08/uk-gay-sperm-donor-fights-lesbian-mother-over-access-to-children/feed/ 0 http://www.alliancealert.org/2010/11/08/supreme-court-allows-child-custody-ruling-in-favor-of-former-lesbian-partner-versus-mom-to-stand/ http://www.alliancealert.org/2010/11/08/supreme-court-allows-child-custody-ruling-in-favor-of-former-lesbian-partner-versus-mom-to-stand/#comments Mon, 08 Nov 2010 20:41:02 +0000 Admin http://www.alliancealert.org/?p=80948 ]]> http://www.alliancealert.org/2010/11/08/supreme-court-allows-child-custody-ruling-in-favor-of-former-lesbian-partner-versus-mom-to-stand/feed/ 0 http://www.alliancealert.org/2010/11/02/civil-rights-gained-on-the-backs-of-little-children/ http://www.alliancealert.org/2010/11/02/civil-rights-gained-on-the-backs-of-little-children/#comments Tue, 02 Nov 2010 18:10:16 +0000 Admin http://www.alliancealert.org/?p=79814 FRCblog: "It is a tragic consequence of the civil 'right' that, unfortunately, Lisa Miller, fought for – and now has to live in spite of. Only this time, an innocent child suffers at the hands of adults in a political milieu where the innocent loses and no one, especially little Isabella, wins." ]]> http://www.alliancealert.org/2010/11/02/civil-rights-gained-on-the-backs-of-little-children/feed/ 0 http://www.alliancealert.org/2010/11/01/custody-upheld-for-vt-lesbian-non-biological-mom/ http://www.alliancealert.org/2010/11/01/custody-upheld-for-vt-lesbian-non-biological-mom/#comments Mon, 01 Nov 2010 21:33:32 +0000 Admin http://www.alliancealert.org/?p=79624 ]]> http://www.alliancealert.org/2010/11/01/custody-upheld-for-vt-lesbian-non-biological-mom/feed/ 1 http://www.alliancealert.org/2010/10/21/ms-free-exercise-challenge-to-custody-decree-rejected/ http://www.alliancealert.org/2010/10/21/ms-free-exercise-challenge-to-custody-decree-rejected/#comments Thu, 21 Oct 2010 19:34:43 +0000 Admin http://www.alliancealert.org/?p=77764 Religion Clause: "In Forthner v. Forthner, (MS App., Oct. 19, 2010), a Mississippi court of appeals rejected a father's religious free exercise challenge to a judge's decision giving his wife custody of their children and denying the husband separate maintenance." ]]> http://www.alliancealert.org/2010/10/21/ms-free-exercise-challenge-to-custody-decree-rejected/feed/ 0 http://www.alliancealert.org/2010/10/05/husband-in-contempt-for-teaching-child-christian-faith-in-violation-of-divorce-settlement/ http://www.alliancealert.org/2010/10/05/husband-in-contempt-for-teaching-child-christian-faith-in-violation-of-divorce-settlement/#comments Tue, 05 Oct 2010 17:14:13 +0000 Admin http://www.alliancealert.org/?p=74997 Religion Clause: "In Greene v. Greene, (GA Ct. App., Oct. 1, 2010), a Georgia appellate court upheld a trial court's finding that a divorced husband was in contempt for violating a Settlement Agreement that gave his former wife final decision-making authority over matters related to their daughter's religious upbringing. The wife was Jewish and the husband was Christian." ]]> http://www.alliancealert.org/2010/10/05/husband-in-contempt-for-teaching-child-christian-faith-in-violation-of-divorce-settlement/feed/ 0 http://www.alliancealert.org/2010/09/28/uk-lesbian-mother-wins-child-support-court-battle-in-european-court-of-human-rights/ http://www.alliancealert.org/2010/09/28/uk-lesbian-mother-wins-child-support-court-battle-in-european-court-of-human-rights/#comments Tue, 28 Sep 2010 22:20:16 +0000 Admin http://www.alliancealert.org/2010/09/28/uk-lesbian-mother-wins-child-support-court-battle-in-european-court-of-human-rights/ Metro.co.uk: "The woman, known as JM, was awarded £2,550 in damages and £15,275 in costs after the European Court of Human Rights ruled there was no justification for the discrimination . . . Her child maintenance payments to her ex-husband were assessed in 2001 – but she was told a reduction if the absent parent had entered into a new relationship, whether married or not, did not apply to same-sex couples . . . 'her maintenance obligation towards her children had been assessed differently on account of the nature of her new relationship.'" Case of J.M. v. The United Kingdom (Application no. 37060/06) ]]> http://www.alliancealert.org/2010/09/28/uk-lesbian-mother-wins-child-support-court-battle-in-european-court-of-human-rights/feed/ 0 http://www.alliancealert.org/2010/09/13/california-sperm-donor-stalks-lesbian-mother/ http://www.alliancealert.org/2010/09/13/california-sperm-donor-stalks-lesbian-mother/#comments Mon, 13 Sep 2010 21:34:19 +0000 Admin http://www.alliancealert.org/?p=72032 ]]> http://www.alliancealert.org/2010/09/13/california-sperm-donor-stalks-lesbian-mother/feed/ 0 http://www.alliancealert.org/2010/08/23/law-review-maternal-and-joint-custody-presumptions-for-unmarried-parents-constitutional-and-policy-considerations-in-massachusetts-and-beyond/ http://www.alliancealert.org/2010/08/23/law-review-maternal-and-joint-custody-presumptions-for-unmarried-parents-constitutional-and-policy-considerations-in-massachusetts-and-beyond/#comments Mon, 23 Aug 2010 13:31:14 +0000 Admin http://www.alliancealert.org/?p=69845 Maternal and Joint Custody Presumptions for Unmarried Parents: Constitutional and Policy Considerations in Massachusetts and Beyond Bernardo Cuadra, 32 W. New Eng. L. Rev. 599 (2010) "This Note examines the statutory custodial presumptions that distinguish the unmarried father from the unmarried mother, as well as from divorcing parents, with a focus on Massachusetts legal custody awards. Given the gender-based distinction built into these statutes and the distinctions drawn between the putative father and the divorcing father, this Note first asks if these statutes are subject to constitutional challenge. Second, this Note questions if these statutes reflect sound policy decisions by evaluating the benefits of joint custody arrangements. Third, this Note focuses on the Massachusetts custody statute to determine if it can be more narrowly crafted to protect the interests of willing and involved unwed fathers, especially those similarly situated to their child's unwed mother. This Note ultimately argues that the Massachusetts statutes should be amended to ensure equal treatment of unmarried fathers in custody disputes." ]]> http://www.alliancealert.org/2010/08/23/law-review-maternal-and-joint-custody-presumptions-for-unmarried-parents-constitutional-and-policy-considerations-in-massachusetts-and-beyond/feed/ 0 http://www.alliancealert.org/2010/08/10/custody-case-calls-on-supreme-court/ http://www.alliancealert.org/2010/08/10/custody-case-calls-on-supreme-court/#comments Tue, 10 Aug 2010 16:23:33 +0000 Admin http://www.alliancealert.org/?p=68120 OneNewsNow: "The U.S. Supreme Court is being asked to decide a child custody battle that has an unusual twist. Alliance Defense Fund (ADF)-allied attorney David Dye tells OneNewsNow the fight over the child developed after 'a mom and a dad had a baby [and] subsequently divorced. Both parties got remarried, and then unfortunately mom died. But even more unfortunately, mom's new husband was given custody of their child.'" ]]> http://www.alliancealert.org/2010/08/10/custody-case-calls-on-supreme-court/feed/ 0 http://www.alliancealert.org/2010/08/05/n-y-appellate-division-revives-child-support-order-against-lesbian-co-parent/ http://www.alliancealert.org/2010/08/05/n-y-appellate-division-revives-child-support-order-against-lesbian-co-parent/#comments Thu, 05 Aug 2010 23:10:23 +0000 Admin http://www.alliancealert.org/?p=67711 Leonard Link: "A five-member panel of the New York Appellate Division, 2nd Department, unanimously ruled on August 3 that a woman is obligated to make child support payments to her former same-sex partner. Reconsidering the case after the state’s highest court, the Court of Appeals, had reversed the appellate division’s previous ruling that the Family Court did not have jurisdiction over the child support claim because New York State did not recognize the non-biological mother as a parent of the child, the Appellate Division panel now endorsed the use of the doctrine of equitable estoppel to resolve the case. In the Matter of H.M. v. E.T., 2007-09323 (Aug. 3, 2010)." ]]> http://www.alliancealert.org/2010/08/05/n-y-appellate-division-revives-child-support-order-against-lesbian-co-parent/feed/ 0 http://www.alliancealert.org/2010/07/26/in-may-childs-grandfather-adopt-the-child-while-the-childs-mother-retains-her-parental-rights/ http://www.alliancealert.org/2010/07/26/in-may-childs-grandfather-adopt-the-child-while-the-childs-mother-retains-her-parental-rights/#comments Mon, 26 Jul 2010 18:43:13 +0000 Admin http://www.alliancealert.org/?p=66513 writing at The Volokh Conspiracy: "That’s the issue in In re Adoption of A.M., decided yesterday by the Indiana Court of Appeals. The biological father was fine with the adoption, which terminated father’s parental rights — the plan was basically for the grandfather (on the mother’s side) to take on the father role, with the mother retaining her role as mother. Indiana law appears not to allow this; the relevant statutes provide that an adoption severs both biological parents’ parental rights, unless 'the adoptive parent of a child is married to a biological parent [or previous adoptive parent] of the child.' There is no provision for a child’s parents to switch from biomom+biodad to biomom+someone who isn’t married to biomom." ]]> http://www.alliancealert.org/2010/07/26/in-may-childs-grandfather-adopt-the-child-while-the-childs-mother-retains-her-parental-rights/feed/ 0 http://www.alliancealert.org/2010/07/21/law-review-protecting-the-rights-of-coparents-and-the-best-interests-of-their-children/ http://www.alliancealert.org/2010/07/21/law-review-protecting-the-rights-of-coparents-and-the-best-interests-of-their-children/#comments Wed, 21 Jul 2010 13:32:04 +0000 Admin http://www.alliancealert.org/?p=66211 Redefining the Legal Family: Protecting the Rights of Coparents and the Best Interests of Their Children Marissa Wiley, 38 Hofstra L. Rev. 319 (2009) "Part II of this Note begins by explaining the ways in which a gay or lesbian coparent can claim some degree of parental rights over his or her former partner's biological child, who was planned for, conceived, and raised within the context of a committed same-sex relationship. The benefits and weaknesses of every method are examined in each section of this Part. Section A details second-parent adoption. Section B describes coparenting agreements. Section C discusses the judicial doctrines of de facto parenthood, in loco parentis, and equitable estoppel. Section D expounds the legislative solutions of same-sex marriage, alternatives to marriage, and third party statutes. Part III turns to the evolution of the rights of coparents in New York State, examining the past in Section A and detailing the transition to the present in Section B. Section B reviews New York State's approach to each method of asserting parental rights. Part IV identifies changes that need to be made in the law of New York in order to suit the needs of the modern family. Part V concludes that each remedy must be available to same-sex coparents to protect the best interests of the children of same-sex couples." ]]> http://www.alliancealert.org/2010/07/21/law-review-protecting-the-rights-of-coparents-and-the-best-interests-of-their-children/feed/ 0 http://www.alliancealert.org/2010/07/19/court-says-mothers-religious-practices-inadmissible-in-custody-dispute/ http://www.alliancealert.org/2010/07/19/court-says-mothers-religious-practices-inadmissible-in-custody-dispute/#comments Mon, 19 Jul 2010 18:18:19 +0000 Admin http://www.alliancealert.org/?p=65828 Religion Clause: "Applying the rule that 'a parent's religious beliefs and practices may not be considered by the trial court as a basis to deprive [a] parent of custody unless there is a showing of actual harm to the health or welfare of the child,' a Kansas appellate court, in a 2-1 decision, has rejected a Muslim father's objections to granting of residential custody to his son's mother because of her practices as a Jehovah's Witness." | Harrison v. Tauheed (KS Ct. App., July 16, 2010) ]]> http://www.alliancealert.org/2010/07/19/court-says-mothers-religious-practices-inadmissible-in-custody-dispute/feed/ 0 http://www.alliancealert.org/2010/07/07/law-review-the-texas-mis-step-why-the-largest-child-removal-in-modern-u-s-history-failed/ http://www.alliancealert.org/2010/07/07/law-review-the-texas-mis-step-why-the-largest-child-removal-in-modern-u-s-history-failed/#comments Wed, 07 Jul 2010 13:31:41 +0000 Admin http://www.alliancealert.org/2010/07/07/law-review-the-texas-mis-step-why-the-largest-child-removal-in-modern-u-s-history-failed/ The Texas Mis-Step: Why the Largest Child Removal in Modern U.S. History Failed (2010). William and Mary Journal of Women and the Law, Vol. 16, p. 1, 2010; SMU Dedman School of Law Legal Studies Research Paper No. 58. Available at SSRN: http://ssrn.com/abstract=1621788 "This article sets forth the historical and legal reasons as to how the state of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ Latter Day Saints’ parents residing in El Dorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This impermissible legal argument regarding the ‘pervasive belief system’ of a polygamist sect that allowed minor females to spiritually marry older adult males sparked questions of how far the Free Exercise Clause of the First Amendment and the Fourteenth Amendment go in protecting religious freedom and parental rights. Ultimately, there was a failure on both sides of the case – harm caused by the unnecessary removal of hundreds of children who were not in immediate danger of abuse, and harm caused by the return of teenage girls who were at risk for sexual abuse on the Yearning For Zion Ranch. The article concludes by discussing key factors that would have made a difference in the outcome of the case and the impact of this decision on the interrelationship between parents, the state, and the child." ]]> http://www.alliancealert.org/2010/07/07/law-review-the-texas-mis-step-why-the-largest-child-removal-in-modern-u-s-history-failed/feed/ 0 http://www.alliancealert.org/2010/07/02/tn-appeals-court-rejects-paramour-restriction-for-lesbian-mom/ http://www.alliancealert.org/2010/07/02/tn-appeals-court-rejects-paramour-restriction-for-lesbian-mom/#comments Fri, 02 Jul 2010 20:50:20 +0000 Admin http://www.alliancealert.org/?p=65045 Leonard Link: "Custody of the children is shared, with the birth parents having various designations as primary residential parent, the children going back and forth at various times and being separated at various times. The current dispute reaches the court of appeals because of the insistence by Gibson County Chancellor George Ellis on including and enforcing a 'paramour provision' in the court's order governing custody and visitation, as part of the latest round of revisions in the parenting plan. This provision says that when a child is in residence, an unmarried partner of the parent may not be there overnight. ... Rather than remand for further consideration by the trial court, the court of appeals reversed outright the trial court's 'finding' that a paramour provision was in the best interest of the children, and ordered that costs of the appeal be awarded to Angel." ]]> http://www.alliancealert.org/2010/07/02/tn-appeals-court-rejects-paramour-restriction-for-lesbian-mom/feed/ 0 http://www.alliancealert.org/2010/06/29/tennessee-court-rules-mothers-lesbian-partner-can-remain-in-home-during-visits-with-her-children/ http://www.alliancealert.org/2010/06/29/tennessee-court-rules-mothers-lesbian-partner-can-remain-in-home-during-visits-with-her-children/#comments Tue, 29 Jun 2010 23:21:46 +0000 Admin http://www.alliancealert.org/2010/06/29/tennessee-court-rules-mothers-lesbian-partner-can-remain-in-home-during-visits-with-her-children/ ACLU: "A three-judge panel of the Tennessee Court of Appeals has unanimously ruled today that a trial court judge was wrong to impose a 'paramour provision' barring a mother's lesbian partner of more than 10 years from being in the home during the mother's overnight visits with her children." ]]> http://www.alliancealert.org/2010/06/29/tennessee-court-rules-mothers-lesbian-partner-can-remain-in-home-during-visits-with-her-children/feed/ 0 http://www.alliancealert.org/2010/06/23/vt-court-hears-arguments-in-lesbian-custody-case/ http://www.alliancealert.org/2010/06/23/vt-court-hears-arguments-in-lesbian-custody-case/#comments Wed, 23 Jun 2010 19:35:26 +0000 Admin http://www.alliancealert.org/?p=63845 AP: "Lawyers for Lisa Miller argued their case Wednesday in Montpelier challenging a Family Court judge's decision to award custody to former partner Janet Jenkins, of Fair Haven, Vt." ]]> http://www.alliancealert.org/2010/06/23/vt-court-hears-arguments-in-lesbian-custody-case/feed/ 0 http://www.alliancealert.org/2010/06/21/vt-supreme-court-to-hear-lesbian-custody-appeal/ http://www.alliancealert.org/2010/06/21/vt-supreme-court-to-hear-lesbian-custody-appeal/#comments Mon, 21 Jun 2010 20:52:27 +0000 Admin http://www.alliancealert.org/?p=63563 WCAX: "The Vermont Supreme Court weighs in later this week in the long running custody dispute between former lesbian partners." ]]> http://www.alliancealert.org/2010/06/21/vt-supreme-court-to-hear-lesbian-custody-appeal/feed/ 0 http://www.alliancealert.org/2010/06/16/law-review-parental-custody-disputes-criteria-used-by-the-courts-in-central-europe/ http://www.alliancealert.org/2010/06/16/law-review-parental-custody-disputes-criteria-used-by-the-courts-in-central-europe/#comments Wed, 16 Jun 2010 13:30:36 +0000 Admin http://www.alliancealert.org/?p=63189 Parental Custody Disputes: Criteria Used by the Courts in Central Europe (July 16, 2009). West University of Timisoara and European Studies, pp. 353-418, July 2009 . Available at SSRN: http://ssrn.com/abstract=1520564 "The paper explores statutes and court practice on the field of child custody in the Czech Republic, Slovakia and Poland. Some conclusions are made on such comparison. Regardless differences in written law, usual court decision on custody in countries under consideration are very close. Strong maternal preference is visible. It is primarily the outcome of 'Tender Years Doctrine' and the effect of father’s resignation to seek for the child custody. Furthermore, the fact that statutory criteria for decisions on child custody are very vague implicates that fathers aim their actions and negotiation skills on other divorce related questions, e.g. contact with their child, alimony or the settlement of marital property." ]]> http://www.alliancealert.org/2010/06/16/law-review-parental-custody-disputes-criteria-used-by-the-courts-in-central-europe/feed/ 0 http://www.alliancealert.org/2010/06/09/interfaith-marriages-are-rising-fast-but-theyre-failing-fast-too/ http://www.alliancealert.org/2010/06/09/interfaith-marriages-are-rising-fast-but-theyre-failing-fast-too/#comments Wed, 09 Jun 2010 20:39:11 +0000 Admin http://www.alliancealert.org/?p=62588 Washington Post: "According to the General Social Survey, 15 percent of U.S. households were mixed-faith in 1988. That number rose to 25 percent by 2006, and the increase shows no signs of slowing . . . But the effects on the marriages themselves can be tragic -- it is an open secret among academics that tsk-tsking grandmothers may be right. According to calculations based on the American Religious Identification Survey of 2001, people who had been in mixed-religion marriages were three times more likely to be divorced or separated than those who were in same-religion marriages."http://www.washingtonpost.com/wp-dyn/content/article/2010/06/04/AR2010060402011.html?hpid=opinionsbox1 ]]> http://www.alliancealert.org/2010/06/09/interfaith-marriages-are-rising-fast-but-theyre-failing-fast-too/feed/ 0 http://www.alliancealert.org/2010/06/04/vt-lawyer-girl-va-lesbian-mom-may-have-fled-us/ http://www.alliancealert.org/2010/06/04/vt-lawyer-girl-va-lesbian-mom-may-have-fled-us/#comments Fri, 04 Jun 2010 13:31:30 +0000 Admin http://www.alliancealert.org/2010/06/04/vt-lawyer-girl-va-lesbian-mom-may-have-fled-us/ Associated Press: "An 8-year-old girl at the heart of a long-running child custody fight between former lesbian partners may have fled to Central America with her birth mother, a lawyer for one of the women said." ]]> http://www.alliancealert.org/2010/06/04/vt-lawyer-girl-va-lesbian-mom-may-have-fled-us/feed/ 0