Family Advocate Winter 2022 (44:3)

Features

Bias & Discrimination

Unchecked Biases in Family Law Are Pervasive and Harmful

Mark B. Baer

Citing recent legal and social research, the author defines different types of biases, how prevalent they are in the legal realm, and how all people, especially attorneys, can “debias” or challenge their own biases.

Children

Gender Bias in Family Law

Gia M. Conti and Cora Gennerman

Because not all states have statutes that expressly prohibit gender discrimination when considering the best interest of a child in a custody case, more procedural requirements for the court-appointed “neutrals” can help.

Disability

Bias Towards the Disabled

Geri C. Sjoquist

Using real-life examples, the author illustrates that, despite an array of federal protections, disabled parents are at a much higher risk of losing custody of their children than abled parents, due in part to unconscious bias.

LGBTQ Legal Issues

Sexual Orientation and Gender Identity Bias

Elizabeth F. Schwartz

The author challenges family lawyers to educate themselves so they can competently navigate the nascent legal landscape surrounding lesbian, gay, bisexual, transgender, queer+ divorce family issues.

Children

When Faith Defines, and Divides, Family: Lessons for Avoiding Bias in Family Court Decisions

Robin Fretwell Wilson, Aylin Cakan, Marie-Joe Noon, Marlus Reque, Jr., and Rebecca Valek

A custody dispute during the dissolution of an interfaith marriage may result in one parent claiming the other parent’s religious practice is harming their child; without evidence, religious bias may be at play.

Immigration

Immigration Bias in Family Law Practice

Hon. George Phelan, Annelise Araujo, and Donald G. Tye

Prejudice against immigrants can pervade the immigration court system, from the counsel lawyers give immigration clients, judicial rulings, and even administrative matters, such as translating documents.

Elder

Ageism and Bias in Family Law

Tristan Sullivan-Wilson and Deirdre Lok

The court system that serves older adults should provide better accessibility and other accommodations to meet their needs.

Indigent Defense

Socioeconomic Bias in Family Court

Susan J. S. Abramowich

The author urges working to achieve equal access to services in our courts for indigent and low-income litigants before we can attain equal access to justice for all.

Children

Biased Custody Decisions or Common Sense: When Are Race, Ethnicity, and Cultural Norms Relevant to a Child’s Best Interests?

Solangel Maldonado and Jonathan Ross

A parent’s or child’s background, immigration status, or language may be pertinent to a child’s best interests in some custody cases, but court determinations based on these characteristics can be the product of bias.

LGBTQ Legal Issues

ART: Law & Practice: How Declining or Accepting Clients May More Fairly Tip the Scales of Justice

Amira Hasenbush

Having to qualify that your law practice focuses on serving lesbian, gay, bisexual, transgender, queer+ clients will become redundant when all family attorneys work to protect all families.

Renew Your ABA Membership

Bias

From the Chair Winter 2022: Something for Everyone

From the Editor in Chief | Winter 2022

Features

Unchecked Biases in Family Law Are Pervasive and Harmful

Gender Bias in Family Law

Bias Towards the Disabled

Sexual Orientation and Gender Identity Bias

When Faith Defines, and Divides, Family: Lessons for Avoiding Bias in Family Court Decisions

Immigration Bias in Family Law Practice

Ageism and Bias in Family Law

Socioeconomic Bias in Family Court

Biased Custody Decisions or Common Sense: When Are Race, Ethnicity, and Cultural Norms Relevant to a Child’s Best Interests?

ART: Law & Practice: How Declining or Accepting Clients May More Fairly Tip the Scales of Justice

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Bias

From the Chair Winter 2022: Something for Everyone

From the Editor in Chief | Winter 2022

Features

Unchecked Biases in Family Law Are Pervasive and Harmful

Gender Bias in Family Law

Bias Towards the Disabled

Sexual Orientation and Gender Identity Bias

When Faith Defines, and Divides, Family: Lessons for Avoiding Bias in Family Court Decisions

Immigration Bias in Family Law Practice

Ageism and Bias in Family Law

Socioeconomic Bias in Family Court

Biased Custody Decisions or Common Sense: When Are Race, Ethnicity, and Cultural Norms Relevant to a Child’s Best Interests?

ART: Law & Practice: How Declining or Accepting Clients May More Fairly Tip the Scales of Justice

ABA Resources

The ABA

Connect