Add to ORKGThis comment will illustrate how allegations of child abuse in a divorce custody dispute dramatically alter the presumption that the child\u27s interests are well represented. Therefore, appointment of counsel for the child becomes necessary. The author first summarizes current state laws which address this issue and discusses the factors which cause discretionary appointment to fail. Next, the author demonstrates the trend of appellate court decisions and state laws toward mandatory appointment of counsel when abuse is alleged. The author then argues that mandatory appointment is necessitated by due process balancing of the child\u27s and the government\u27s interest. Finally, the author highlights a custody proceeding\u27s similarity to d...
This comment argues that given Article II, Section 15’s text, intent, and development in the courts,...
The history of law is many things. But one of them is the story of an unremitting struggle between r...
Prior to 1978, Washington allowed trial judges broad discretion to decide, on a case by case basis, ...
This comment will illustrate how allegations of child abuse in a divorce custody dispute dramaticall...
Children have traditionally been denied separate counsel in divorce custody proceedings. The author ...
State agencies initiate dependency proceedings when a child is alleged, often due to parental neglec...
Reliance on judicial discretion to resolve disputes is one of the most fundamental characteristics o...
In Lassiter v. Department of Social Services, the Supreme Court of the United States held that due p...
This Article explores the access to justice movement by appellate lawyers using the due process clau...
Fifty years ago, the United States Supreme Court in In re Gault held that children have the constitu...
This paper considers the affect of amendments to state divorce laws that strengthen their joint cust...
As the juvenile justice system evolves into a more punitive system, due process protections are esse...
Fourteenth Amendment rights of due process and equal protection have continually demanded the attent...
Child custody issues are as American as apple pie, with only a quarter of children seeing their par...
This article examines a minor’s right to independent status in matters of family law, the importance...
This comment argues that given Article II, Section 15’s text, intent, and development in the courts,...
The history of law is many things. But one of them is the story of an unremitting struggle between r...
Prior to 1978, Washington allowed trial judges broad discretion to decide, on a case by case basis, ...
This comment will illustrate how allegations of child abuse in a divorce custody dispute dramaticall...
Children have traditionally been denied separate counsel in divorce custody proceedings. The author ...
State agencies initiate dependency proceedings when a child is alleged, often due to parental neglec...
Reliance on judicial discretion to resolve disputes is one of the most fundamental characteristics o...
In Lassiter v. Department of Social Services, the Supreme Court of the United States held that due p...
This Article explores the access to justice movement by appellate lawyers using the due process clau...
Fifty years ago, the United States Supreme Court in In re Gault held that children have the constitu...
This paper considers the affect of amendments to state divorce laws that strengthen their joint cust...
As the juvenile justice system evolves into a more punitive system, due process protections are esse...
Fourteenth Amendment rights of due process and equal protection have continually demanded the attent...
Child custody issues are as American as apple pie, with only a quarter of children seeing their par...
This article examines a minor’s right to independent status in matters of family law, the importance...
This comment argues that given Article II, Section 15’s text, intent, and development in the courts,...
The history of law is many things. But one of them is the story of an unremitting struggle between r...
Prior to 1978, Washington allowed trial judges broad discretion to decide, on a case by case basis, ...