A look at the history of custodial responsibility for children, current issues, and fathers' rights.
Term Paper # 46633 |
2,232 words (
approx. 8.9 pages ) |
10 sources |
MLA | 2002
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$ 41.95
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Abstract
This paper examines how the history of assignment of custodial responsibility for children when parents separate or divorce has varied more than most people realize. It discusses how American courts, as well as the Anglo system that preceded it, have held various views over the centuries regarding who should take care of children after divorce, with the view that either parent may be the best choice in any individual situation being a relatively new development. By looking at how court rulings have changed, particularly over the last thirty years, it attempts to demonstrate how it is evident that many men can and will do an excellent job of raising their children when called upon to do so.
Outline
History
Current Issues
Fathers' Rights Movements
Examples of Single Fathers
Factors that Help Fathers Win Custody
Joint Custody
Conclusion
From the Paper
"Laws have changed to reflect changes in society standards. In 1973, the New York Supreme Court ruled against the automatic assumption that of the two biological parents, the mother is automatically the best parent to receive custody of children in a divorce. They wrote, "The simple fact of being a mother does not, by itself, indicate a willingness or capacity to render a quality of care different than that which a father can provide." (Risman, 1985) By 1982 the state of Missouri had acted in a similar way. A Missouri court order from that year states, "If both parents are employed and equally absent from the home, the mother has no more part in training, nurturing and helping in the child's development; and if everything is equal, the mother has no better claim to child custody." (Stachewicz, 1993)."
Tags:divorce, mother, court, separation
This in-depth paper presents a comprehensive legal analysis into the rights of biological fathers.
Research Paper # 68147 |
4,635 words (
approx. 18.5 pages ) |
6 sources |
APA | 2006
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$ 71.95
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Abstract
This well-researched paper analyzes the role and rights of the biological father in adoption proceedings, while drawing upon an examination of relevant case laws. This paper details the history of the adoption process which was legally recognized in the U.S. in the 1850s, with the inception of the first adoption statute. The writer of this in-depth paper examines the Supreme Court's recognition and willingness to recognize and expand the rights of biological fathers in cases of adoption and / or custody matters. This paper provides a general overview regarding the current status of unwed fathers' adoption rights. This paper examines California law pertaining to the rights of the biological father. This paper discusses California's current stance on the issue, which is that the courts utilize the best interests of the child standard when considering whether the biological father presents a substantial risk of detriment to the child's well-being. While the other hand, other courts have argued that the best interests of the child standard should no longer be the primary consideration in the determination of whether the court should terminate an unwed biological father's rights. This paper cites numerous case studies containing relevant information to this particular topic. This paper details the case of Pena vs. Mattox, in which the biological father argued that his due process rights were violated when his parental rights were terminated by the adoption of his child. The writer contends and explains why are there are no clear guidelines establishing how courts should decide adoption cases involving fathers' rights, and as a result these rights have slowly evolved in favor of the father.
Table of Contents:
Introduction
General Adoption Information / History
A Father's Constitutional Rights
California Courts & Adoption Law
Role of the Supreme Court & The Present Status of Biological Father's Rights
Future of the Adoption Process
Bibliography
Cases Cited
From the Paper
"Whatever method courts decide to use, it is of paramount importance that these disputes be resolved in a quick and efficient manner. Dragging custody disputes out over long periods of time only serves to cause emotional harm to everyone involved, especially to the child whose future hangs in limbo while the case slowly moves through the courts. By implementing a uniform system of deciding these cases, forum shopping will be avoided. Consequently, multiple courts will no longer be asked to hear the same case, as happened in the Baby Jessica case. This will surely lead to faster adjudication and resolution of these disputes and, consequently, to less psychological trauma to the children caught in the middle."
Tags:rights, law, parent, child, legal, biological, adoption, case
An analysis of the meaning and history of the Bill of Rights.
Essay # 36868 |
650 words (
approx. 2.6 pages ) |
5 sources |
2002
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$ 13.95
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Abstract
A paper on the topic of the Bill of Rights and the American nation. The paper analyzes why the founding fathers created the Bill of Rights and looks at their fears for the new country.
Tags:bill, rights
Describing the essence of Leonard Williams Levy's "Origins of the Bill of Rights".
Analytical Essay # 16242 |
2,130 words (
approx. 8.5 pages ) |
4 sources |
MLA | 2002
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$ 40.95
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Abstract
This paper discusses the topic of this book, which is precisely as the title suggests, an investigation into the origin of each of the ten amendments that collectively constitute the Bill of Rights as well as (to a less extent) an examination of why the Bill of Rights as a whole was a necessary addition to the Constitution to ensure that it would be ratified. It shows how Levy is concerned to some extent with explaining what is usually called "original intent", with providing us some insight on what was going on in the mind of the Framers of the Constitution when they chose these particular rights to be enumerated and not others.
From the Paper
"Describing the exact nature of Leonard Williams Levy's Origins of the Bill of Rights is not as simple as it seems, and this is in fact a measure of the strength of the book. We are so accustomed to dividing the world into clear categories " popular fiction on one side, serious scholarship on another, pulp fiction over there in the corner " that we are given pause when we come across a book that cannot be so easily categorized. Our first impulse may in fact be to decided that this means that there is something wrong with such a book, that the author has failed in his (in this case) attempt to produce a particular kind of text."
Tags:constitution, father, founding, ammendment, rights, framer
A look at the rights of fathers to earn custody of their children after divorce.
Essay # 40284 |
650 words (
approx. 2.6 pages ) |
4 sources |
2002
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$ 13.95
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Abstract
This paper is a discussion of the issue of a father's rights in the case of a custody battle. Tradition dictates that the mother wins full custody after nearly every divorce. The paper covers the legal strategies and approaches a father can take in order to get a better chance at earning custody of their children after divorce.
This paper describes the Bill of Rights and it's history.
Analytical Essay # 117332 |
1,636 words (
approx. 6.5 pages ) |
3 sources |
MLA | 2009
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$ 31.95
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Abstract
This paper explains the history of the Bill of Rights from its founding fathers and the U.S. constitution. The paper also discusses how the Bill of Rights was created as an addendum to correct the mistakes of the Articles of Confederation, America's first failed government. In addition, the paper explains Thomas Jefferson's influence in the creation of the Bill of Rights. Furthermore, the paper discusses the issues addressed in each of the amendments included in the Bill of Rights and the purpose for its creation.
From the Paper
"In the United States, the Bill of Rights is a term that constitutes the first ten amendments of the United States Constitution. During the 18th century, the citizens of the United States of America had just recently been freed from the binding chains of a monarchy. The King of England had abused the responsibilities that allowed the nation to govern the former colonies. As a result, the immigrants of the New World had in mind a different system of government as was proved within the parameters of the United States Constitution. At this point, her new citizens were strongly fighting for the fundamental liberties of the people. The main purpose and contribution of the Bill of Rights was to explicitly limit the rights and powers of the new federal government."
Tags:constitution government colonies amendments laws, articles of confederation, thomas jefferson
An examination of two dominant philosophies from the civil rights era: Dr. Martin Luther King and Malcolm X of the Nation of Islam.
Argumentative Essay # 104130 |
1,465 words (
approx. 5.9 pages ) |
3 sources |
MLA | 2008
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$ 29.95
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Abstract
This paper examines the theories of the two leaders that have come to symbolize the American civil rights era: Dr. Martin Luther King and Malcolm X of the Nation of Islam. The paper discusses these different theories on integration and African-American identity. The paper then argues that the civil rights era brought to the forefront some diametrically opposed theories on the solutions to the African-American dilemma in the United States. The paper also looks at the intrinsic and fundamental differences of two dominant philosophies from that turbulent era: the one embracing America and working within the context of the founding fathers and the Constitution, the other dismissing the intentions of the founders and unveiling the unfulfilled promises of the constitution. In conclusion, the paper shows that both met with success, and both contributed to the overdue "cracking open" of the race issue in the United States.
From the Paper
"Any attempt to understand the turbulent post-World War Two decades in the US must commence with this assertion: the civil rights movement was not the unexpected child of the 1950s and 1960s, but rather, the climactic achievement of decades, if not centuries, of toil and struggle. However, it was during these decades that the idea of civil rights (that is, African-American civil rights) permeated the national consciousness as never before. A casual perusal of the harrowing images from that period may lead one (wrongly) to assume that the African-American community's stance on the issues of the period was unanimous and impervious to internal fragmentation. Civil rights leaders did agree on one seminal issue--mainly, that the conditions in which most African-Americans, and particularly those in the South, found themselves living in were simply intolerable."
Tags:African-American, constitution, differences, race
Discusses whether or not children have rights in America and whether or not they should do so.
Essay # 48701 |
1,217 words (
approx. 4.9 pages ) |
6 sources |
MLA | 2004
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$ 24.95
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Abstract
This paper presents the argument that children in the U.S. do not actually benefit from their current status. The paper argues that, while the law entitles children and families to many benefits, in reality, it is children who suffer from the growing poverty rates, poor education and health systems, and general degeneration of the U.S. society. Specifically, the writer believes it is the fault of parents who bring children into the world without realizing the responsibility that goes with it.
From the Paper
"Our society has good intentions and good people who espouse them, yet the reality of our situation rests on our shoulders. Our children bear the weight of poverty and self-reliance with our best intentions. When our children could understand their contribution to the family, they could understand their place in it. Perhaps they would not eat if they were unwilling to help bring the harvest to safety. The lines are not as clear today. What is their contribution? We have children and ignore them, or we bury them in stuff. They have no sense of purpose in the family as the family has no sense of purpose in itself."
Tags:family, parent, civil, mother, father, child, abuse, society, culture, poverty, education, food
A comparison of the father figures in Junot Diaz's "Drown" and Jamaica Kincaid's "Annie John".
Comparison Essay # 145359 |
1,558 words (
approx. 6.2 pages ) |
2 sources |
MLA | 2010
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$ 30.95
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Abstract
The paper compares the father figures in Junot Diaz's "Drown" and Jamaica Kincaid's "Annie John", and describes how in "Drown", the father is selfish, lacks compassion and is guilty of infidelity, while in "Annie John" the father presents a more traditional image of the perfect father who demonstrates public faithfulness to his wife and family. The paper contrasts the differing gender roles in both stories and also points out how both fathers can do the same action but one is considered right and the other wrong for it. The paper then shows how both fathers affected the children's lives, but in the end, it is the children themselves who will shape their futures. The paper concludes by emphasizing the importance of family, particularly that of the father, in the lives of Caribbean children and their Latino roots.
Outline:
A Less than Perfect Father
Differing Gender Roles
A Matter of Perspective
The Aftermath
From the Paper
"Junot Diaz's Drown explores the emotional turmoil that defines adolescence. The story consists of a series of stories centered on a boy who grew up in the Dominical Republic and later moved to the United States in pursuit of the American Dream. The father figure in Drown acts like the perfect, faithful patriarch of the family. However, Diaz soon learns of his father's infidelity and understands that there will be consequences as a result of his father's actions. The main character develops a sense of impending dread for the consequences of his father's actions. Although he is a child, he knows that his father's actions will be the downfall of the family."
Tags:infidelity, role, model, gender, roles, adolescents, childhood
An examination of the thought of John Locke in regards to property and liberty.
Analytical Essay # 149269 |
4,516 words (
approx. 18.1 pages ) |
8 sources |
APA | 2011
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$ 70.95
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Abstract
The paper analyzes the case of "Kelo V. New London" and the interpretation of eminent domain by the federal courts. The paper explains the views of John Locke on wealth, government and property and on how the protection of property rights is a requirement in regards to ensuring individual freedoms. The paper also focuses on the case "Wayne County v. Hathcock" and shows how the federal courts have left it primarily to the individual U.S. states to prescribe what they consider to be the proper use and range of eminent domain
Outline:
Introductionhttp://www.academon.com/editor/do/edit.html
Kelo V. New London
Interpretation of Eminent Domain by the Courts
John Locke
Wayne County v. Hathcock
Individual States and Eminent Domain
Discussion
From the Paper
"In the case Kelo V New London (04-108) 545 US 469 (2005) 268 Conn 1, 843 A 2d 500 the respondent in this case, specifically the city of New London approved an integrated development plan that had been developed specifically for the purpose of revitalizing its economy which was ailing. The Petitioner, Susette Kelo has lived in her home since 1997 and has extensively improved her home. The Petitioner, Wilhelmina Dery was born in her home in 1918 and is reported to have lived there for her entire life sixty years of which she has lived there with her husband, Charles. This case involved a total of nine petitioners and 15 properties.
"There is nothing alleging that the properties are in any way blighted or that they are in any type of poor conditions "rather, they were condemned only because they happen to be located in the development area." (Kelo et al. v. City of New London et al.certiorari to the supreme court of Connecticut No. 04-108.) The city purchased the largest part of the property from sellers, who were willing however, condemnation proceedings were issued when the petitioners, and the owners of the remainder of the property refused to sell their property to the city."
Tags:Constitution, Founding, Fathers, eminent, domain, 'Takings, Clause'