Separating from children
The ways in which child separation decisions are made by mothers need to be reconsidered under the law to acknowledge the interests and needs of mothers as well as acknowledging collective obligations to care for society's children. Various decisions that implicate separation from children, such as employment, adoption and surrogacy, are made by mothers. The law presumes that these mothers are solely responsible for the children's well-being and presumes that the separation will harm the child. Changes in welfare, child care and family law can alter the context in which these decisions are made and offer mothers greater access to their goals.
Publication Name: Columbia Law Review
Preventing undue terminations: a critical evaluation of the length-of-time-out-of-custody ground for termination of parental rights
State statutes that provide for termination of parental rights based on the length of time that the child has been out of the parent's custody must also provide safeguards to ensure that termination of the parent-child relationship is indeed in the child's best interest. Such statutes should require that courts and social workers considering terminating parental rights have considered the likelihood of adoption and the child's age and closeness to the parent. These statutes must require efforts to be made to reunite parent and child and must identify the efforts that must be made.
Publication Name: New York University Law Review
Family law; when parents move
Moving children of divorced parents from their current location imposes many concerns for divorced families and is also often discussed in the press. Many parts of child support payments can be conditioned upon the child's spending a designated amount of time in the jurisdiction of the noncustodial parent's home. Financial incentives for the custodial parent not to move can be a part of the divorce agreement. A move by the custodial parent can result in a renegotiation of child support agreements or a forfeiting of maintenance payments.
Publication Name: The National Law Journal
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