Family Law in Perspective, 3D

ISBN-10: 1609300459
ISBN-13: 9781609300456
Edition: 3rd (Revised)
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Description: This book continues the approach of the previous editions, offering a conceptual approach to the legal issues implicit in family law. The book describes the developments of alternatives to marriage, same-sex marriage, and the expansion of assisted  More...

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Book details

Edition: 3rd
Publisher: West Academic
Publication date: 2/6/2012
Binding: Paperback
Pages: 208
Size: 6.25" wide x 9.25" long x 0.50" tall
Weight: 0.814
Language: English

This book continues the approach of the previous editions, offering a conceptual approach to the legal issues implicit in family law. The book describes the developments of alternatives to marriage, same-sex marriage, and the expansion of assisted reproductive technology and gestational surrogacy. Spousal and child support continue to be addressed at the state level through expanding definitions of what constitutes property, the need to limit the duration of spousal support, and the presumptive value of child support statutes. Federal statutes have demanded greater support enforcement at the state level, and Congress retains control over ERISA, Social Security, and military benefits.

Introduction to the Third Edition
Note on Editing and Acknowledgment
Conceptualizing Modern Family Law
Defining Family Law
Private Ordering
Assisted Reproductive Technology
The Best Interest of the Child
Marital and Postmarital Contracting
The Right to Contract
Premarital Contracts
Postmarital Agreements
Separation Agreements
Marriage
Marriage as an Institution
Limitations on Who Can Marry
Void and Voidable
Statutory Formalities Required to Enter into Marriage
Intent to Enter into Marriage
Confidential and Proxy Marriages
Transgendered Persons
Same-Sex Marriage
Marital Status Alternatives
Civil Unions
Domestic Partnerships
The Husband and Wife Relationship
Choice of Names
Management of Marital Property
Support During Marriage
Spousal Crimes of Assault, Crimes Against Property, and Testimonial Privilege
Domestic Violence
Marital Torts
Medical Decision-Making
Nonmarital Cohabitation
The Issue
Ascendency of the Status of Nonmarital Cohabitation
Enforcement of Agreements
Express Agreements
Implied Agreements
Dissolving a Marriage: Divorce
Historical Context
Divorce Jurisdiction and Full Faith and Credit
Domicile
Contesting Domicile
Full Faith and Credit
Comity for a Foreign Divorce
Fault Grounds
Adultery
Cruelty
Desertion
Defenses to Fault Grounds
Recrimination
Connivance
Condonation
Collusion
Insanity
Laches and Statutes of Limitation
No-Fault Divorce
Living Separate and Apart
Breakdown Grounds
Divisible Divorce
Spousal Support
Child Support
Child Custody
Division of Marital Property at Dissolution
Historical Perspective
The Two Systems of Property Distribution
Community Property States
Common Law (Separate Property) States
Classifications of Marital Property
Marital Debt
Marital Home
Pension Benefits
Social Security Benefits
Military Retirement Benefits
Income Enhancing Licenses and Degrees
Goodwill
Personal Injury Awards
The Process of Division and Support
The Marital Period
Rehabilitation
Reimbursement
Indefinite
Modification of Support
Enforcement
The Parameters of Procreation
Constitutional Underpinnings
Estabhshing Paternity and Maternity
Presumptive Paternity and Maternity
Rebutting the Presumptions
Registering to Establish Paternity
Children of Assisted Reproduction.
Parental Status of Same-Sex Partners
Cryopreservation Agreements
Surrogacy
Posthumous Conception
Parental Duties Owed to Children
The Best Interest of the Child
Emancipation
Children In Need of Supervision (CINS)
Standby Guardianship
Medical Decisions by and for Children
Parental Financial Support
Imputed Income
Income Used for Calculation
Modification of Award
Termination of Financial Support
Enforcement of Child Support Obligations
Custody of Children
Four Constructs for Evaluating Custody Determinations
Parent Versus Parent
Parent Versus Non-Parent
Parent Versus State
Non-Parent Versus State
Considerations in the Child's Best Interest
Racial Classifications
Religion
Sexual Conduct
Visitation
Relocation
Termination of Parental Rights
Constitutional Procedural Parameters
Foster Care
Reasonable Efforts
Adoption and Safe Families act of 1997
Criteria for Termination
Abuse and Neglect
Abandonment
Disability, Unwillingness, or Incapacity to Perform Parental Duties
Incarceration
Adoption
Historical Underpinnings
Adoption of Minors
Adoption Classifications
Confidentiality
Liability of Adoption Agencies.
Genetic Parents: Notice and Consent
Who Can Adopt?
Racial and Religious Considerations
Sexual Orientation
Subsidized Adoptions
Adoption of Adults
Stepparent Adoption
Equitable Adoption
Open Adoption
Intercountry Adoptions
Table of Internet Citations
Table of Cases
Index

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