New York Family Law

ISBN-10: 140187956X
ISBN-13: 9781401879563
Edition: 2nd 2006 (Revised)
List price: $263.95
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Description: This second edition of New York Family Law is designed specifically for undergraduate students and paralegal education students. It covers both matrimonial law (annulment; separation; divorce; and equitable distribution of marital property) and  More...

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Book details

List price: $263.95
Edition: 2nd
Copyright year: 2006
Publisher: Delmar Cengage Learning
Publication date: 9/6/2005
Binding: Paperback
Pages: 480
Size: 7.75" wide x 9.00" long x 0.75" tall
Weight: 1.760
Language: English

This second edition of New York Family Law is designed specifically for undergraduate students and paralegal education students. It covers both matrimonial law (annulment; separation; divorce; and equitable distribution of marital property) and Family Court proceedings, such as family offenses, child protection, termination of parental rights, and adoption. Features of the text include thought-provoking discussion topics; ?Basics Boxes?, which introduce each type of Family Law litigation; Practice Tips; Chapter Review Questions; and Chapter Assignments. New York forms are integrated throughout and the text offers many new websites to aid in computer-assisted legal research projects. New to this edition is the expanded coverage of ethics and divorce, a new section on interviewing skills, greater coverage of inter-jurisdictional conflicts, and a discussion of permanency planning in the Child Protection and Adoption chapters

Preface
Table of Cases
Table of Web Sites
Introduction
What Is a Family?
Traditional Families
Nontraditional Families
The Changing Legal Status of Women
The Married Women's Property Acts
Property Distribution Upon Dissolution of Marriage
Domestic Violence
Employment
Voting and Public Office
Equal Protection
Equal Rights
Education
The Changing Legal Status of Children
Parent and Child
From Property to Person
When Is a Child Not a Child?
Child Labor
The Right to Education
Corporal Punishment
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Working in Family Law
Employment Opportunities
Legal Assistant Tasks and Skills
Interviewing Skills
Getting Oriented
Standing
Grounds and Defenses
Subject Matter Jurisdiction
Venue
Statutes of Limitations
Where to Find New York Family Law
Primary Sources
Secondary Sources
Ethics
The Family Court
Docket Numbers
Terminology
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Marriage
Entering into Marriage
Common-Law Marriage
Non-Marital Partners
Ceremonial Marriage
Void and Voidable Marriages
Annulment
Grounds For Annulment
Antenuptial Agreements
Requirements for Enforceability
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Separation
Separation Agreements
Agreements Reached in Court
Incorporation in Divorce Judgment
Arbitration
High Standard of Fairness
Spousal Support Provisions
Child Support Provisions
Custody Provisions
Partial Invalidity
Breach
Provisions that Prevent Future Legal Problems
Preparing the Agreement
Judicial Separation
Grounds For Separation
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Divorce: Grounds and Ethics
Special Ethical Considerations
Unauthorized Practice of Law
Dual Representation and Conflicts
Contingent Fee Agreements
Special Rules for Domestic Relations Matters
Confidentiality
Grounds for Divorce
Cruel and Inhuman Treatment
Adultery
Abandonment
Imprisonment
Living Separate Pursuant to a Separation Decree
Living Separate and Apart Pursuant to Agreement
The Complaint
Verification
Specific Pleading
Alternative Pleading
Removal of Barriers to Remarriage
Drafting the Complaint
Recognition of Foreign Divorces
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Divorce: Procedures and Papers
Documents Required in Divorce Actions
Court Rules and Part Rules
Special Procedures Applicable to Matrimonial Actions
Case Management Procedures
Jurisdiction and Service
Required Residence of Parties
Personal and In Rem Jurisdiction
Service and Proof of Service
Findings of Fact, Conclusions of Law
Judgment of Divorce
Effects of Judgment of Divorce
Economic Consequences
Right to Remarry
Name Changes
Legitimacy of Children
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Custody and Visitation
Custody
Historical Background
Parent versus Parent Custody Disputes
"Best-Interest" Factors
Parent versus Nonparent Custody Disputes
Foster Parents
Modification and Enforcement
Procedures
Guardianship
Interjurisdictional Conflicts
Uniform Child Custody Jurisdiction and Enforcement Act
Hague Convention Treaty
Visitation
Noncustodial Parent Visitation
Relocation
Nonparent Visitation
Grandparent and Sibling Visitation
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Support
Subject Matter Jurisdiction
Referees and Support Magistrates
Spousal Support
"Opting Out" of the Equitable Distribution Law
Duration of Maintenance
Standards for Maintenance
Tax Consequences of Maintenance
Child Support
Obligation of Both Parties
Duration of Child Support Obligation
Child Support Standards Act of 1989
Deviating from CSSA Guidelines
"Opting Out" of CSSA Guidelines
Children Receiving Public Support
Methods of Payment
Procedural Considerations
Tax Consequences of Child Support
Modification of Support
Modification of Maintenance
Modification of Child Support
Support Enforcement
Enforcement Remedies
Visitation and Support Enforcement
Uniform Interstate Family Support Law
Establishing Support Under UIFSA
Modification of Support Orders Under UIFSA
Enforcement of Support Orders Under UIFSA
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Property Division
Economic Partnership
Marital Fault
Identification
Financial Disclosure
Preservation
Characterization
Tracing
Commingling
Marital Residence
Evaluation
No Merger Doctrine
Double Dipping
Distribution
Liquidity
Pension and Retirement Benefits
QDRO
Tax Considerations of Property Division
Capital Gains
Recapture
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Non-Marital Children
Voluntary Acknowledgment of Paternity
Paternity Proceedings
Agreement or Compromise
Genetic Testing
Special Procedural and Evidentiary Rules
Effects of Order of Filiation
Presumption of Legitimacy and Equitable Estoppel
Children Conceived by Artificial Insemination
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Family Offenses
Theories about Domestic Violence
"Battered Woman's Syndrome"
Family Offense Proceedings
Concurrent Jurisdiction
Grounds
Preliminary Procedures
Hearing
Settlement
Disposition
Order of Protection
Duration of Orders of Protection
Statewide Order of Protection Registry
Terms of Order of Protection
Effects of Order of Protection
Mandatory Arrest
Violation Proceedings
Multiple Violations
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Child Protection
Other Cases Involving Child Neglect and Abuse
Criminal Prosecutions
Custody Cases
Family Offense Proceedings
Phases of a Child Protective Case
Investigative Phase
Article 10 Petition
Who May Be Charged with Child Abuse or Neglect
Definition of Child Abuse
Definition of Child Neglect
Preliminary Court Appearances
Searching for Missing Parents
Discovery
Pretrial Resolution
Special Procedural and Evidentiary Rules
Shifting Burden of Proof
Dispositional Phase
Dispositions
Providing Litigation Support
Preparing the Discovery Package
Contacting Potential Witnesses
Preparing a Trial Notebook
Assisting at the Trial
Voluntary Placement
Court Approval of Voluntary Placement Agreements
Permanency Planning
Adoption and Safe Families Act
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Adoption
Ethical Considerations
Payments to Birth Parents
Dual Representation Prohibited
Baby Brokers
Confidentiality
Who May Adopt
Consents to Adoption
Whose Consent Is Required
Equitable Adoption
Consent of Out-of-Wedlock Father
Indian Children
Form of Consent-Private Adoption
Dispensing with Consent-Private Adoption
Voluntary Surrender for Agency Adoption
Involuntary Termination of Parental Rights-Agency Adoption
Standing
Venue
Subject Matter Jurisdiction
Grounds
Special Procedural and Evidentiary Rules
Dispositional Phase
Dispositions
Interstate Compact Approval
Best Interests of the Child
Private-Placement Adoptions
Certification of Prospective Adoptive Parents
Temporary Order of Guardianship
Surrogate Parenting
Agency Adoptions
Religious Preference
Race as a Factor in Adoptive Placement
Subsidy
Effects of Adoption
Summary
Key Terms
Chapter Review Questions
Chapter Assignment
Glossary
Index

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