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Constitutional Constraints on Second Parent Laws
American state parentage laws have traditionally required biological or adoptive ties and no more than two parents for any one child at any one time. Biological ties were demonstrated by giving birth or sperm. Adoptive ...
Survey of Illinois Law: Stepparent Childcare
In Illinois, the “liberty interests of parents” are reflected in the “superior rights doctrine,” which holds, as elsewhere, that parents have superior rights regarding the care of their children. This doctrine is necessitated ...
The Default Rule on Burden of Proof in Civil Cases
An Illinois Appellate Court recently ruled that a custodial parent requesting a court order allowing removal of a child from Illinois must be shown to be in the child’s best interests by a preponderance of the evidence, ...
Choosing Among Imprecise American State Parentage Laws
Not too long ago American state laws chiefly designated parentage at precise moments in time. One became a parent upon giving birth; upon having one’s spouse give birth; upon formal adoption; upon completion of a birth ...