| Description |
1 online resource (288) |
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text file |
| Contents |
Cover -- Contents -- Table of Cases -- Introduction to the Paperback Edition -- Introduction -- 1. FRIENDSHIP, MARRIAGE-LIKE RELATIONSHIPS, AND INFORMAL MARRIAGE -- Introduction -- Contract Cohabitation -- Registered Domestic Partnership -- Informal Marriage -- Common Law Marriage and De Facto Marriage -- Procedural Marriage and Other Informal Marriages for Limited Purposes -- Putative Marriage and Marriage by Estoppel -- Prenuptial Agreements -- 2. MARRIAGE -- Introduction -- The States Role in Establishing the Marriage Relationship -- Freedom to Marry as a Fundamental Human Right -- The States Efforts to Limit Marriage -- Annulment -- Age -- Prisoners Marriage -- Mental Competence -- Incestuous Marriage -- Sex -- Number (Bigamy) -- Maintaining the Marriage Relationship: From Inequality to Equality in Marriage -- Property Ownership and Control -- Regulating the Marriage through Private Contracts: Postnuptial Agreements -- Interspousal Immunity -- Personal Safety -- Privacy, Equality, and Autonomy: Sexual Intimacy in Marriage -- Sexual Intimacy Outside of Marriage -- Individual Rights and Equality in Marriage -- 3. DIVORCE -- Introduction -- Divorce Procedure -- Fault -- Residency -- No-Fault Divorce -- Distribution of Economic Resources -- Property Distribution -- Alimony -- Child Support -- Child Custody -- Judicial Discretion and Codification -- The Primary Caretaker Preference -- The Best Interests of the Child -- The Lawyer for the Child and the Guardian ad Litem -- A Child-Focused Inquiry -- Alternative Custodial Dispositions -- Joint or Shared Custody -- Continuity of a Relationship with Both Parents: Relocation -- Unilateral Removal of the Child from the Jurisdiction -- Continuity of a Relationship with Others -- Divorce and Decision-Making -- Summary Dissolution -- Summary Process and Divorce by Registration -- Mediation -- The Future of Divorce -- 4. CHILD PROTECTION -- Introduction -- The Concept of Punishment -- The Definition of Child Abuse -- The Role of the Federal Government -- Model Mandatory Child Abuse Reporting Statute -- Other Model Acts -- Child Abuse Prevention and Treatment Act of 1974 -- The Adoption Assistance and Child Welfare Act of 1980 -- Adoption and Safe Families Act of 1997 -- Child Protection Process -- DeShaney v. Winnebago County Department of Social Services -- Following DeShaney -- 5. ADOPTION -- Introduction -- Voluntary System -- The Role of Personal Autonomy -- Independent and Agency Adoptions -- Surrogacy -- Open Adoption: Visitation Rights for Birth Parents -- Open Adoption: Access to Adoption Records -- Placement -- Step-parent and Second Parent Adoptions -- Involuntary System -- The Role of the Federal Government and the Absence of Personal Autonomy -- Placement -- Open Adoption -- The Future of Adoption -- Appendix -- Uniform Marriage and Divorce Act -- Uniform Pre-Marital Agreement Act -- Uniform Parentage Act -- Uniform Putative and Unknown Fathers Act -- Uniform Child Custody Jurisdiction Act -- Uniform Child Custody Jurisdiction and Enforcement Act -- Parental Kidnapping Prevention Act -- Index -- A -- B -- C -- D -- E -- F -- G -- T$3130. |
| Summary |
For many years family law was viewed as a study of the regulation of relationships of husband and wife and parent and child. Both relationships were clearly defined. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. By the close of the twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were either being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed. In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse and examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how additional models are being developed to take into account new family forms. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Domestic relations -- United States.
|
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Domestic relations. |
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United States. |
| Genre/Form |
Electronic resource.
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Electronic books.
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| Added Author |
Katz, Sanford N. |
| ISBN |
9780199364725 (electronic book) |
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0199364729 (electronic book) |
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1283130459 |
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9781283130455 |
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