Family Law

by Harris, Leslie J.

• ISBN13: 9780735540293
• ISBN10: 0735540292
• Edition: 3rd
• Format: Hardcover
• Copyright: 2005-03-21
• Publisher: Panel Pub

Summary

As the pace of change in family law continues to accelerate, instructors are realizing they need a casebook that both provides a solid foundation and responds to current developments. Family Law, Third Edition, meets the challenge by offering comprehensive coverage, a mix of interdisciplinary materials, and a strong emphasis on teachability. Every element of this modern casebook is designed to enhance teaching and learning: complete coverage of the key topics of family law in three main parts: Marriage and Its Alternatives, Divorce and Its Consequences, and Children, Parents, And The State broad selection of interdisciplinary materials -- on finance principles, genetics and statistics, clinical psychology, social history, and legal and policy responses to domestic violence, For example -- helps students Understand The complex influences on family law balanced presentation addresses cutting-edge issues while maintaining a focus on family And The state, The role of various groups involved in family law issues, And The effectiveness of law and law enforcement strong problems give students practice applying legal principles to real-world situations updated Teacher's Manual offers advice on how to teach the survey course effectively Refined and improved for its Third Edition, Family Law is now more flexible and completely current: with the help of new co-author June Carbone, each chapter in the book has become independent to permit teaching in any order without creating confusion or gaps in understanding reflects the trend to discuss domestic violence issues throughout the course in relation to a variety of topics, such as divorce, custody, and state involvement in the family incorporates the latest family law developments with regard to same-sex marriage, coverage of Troxel, regarding grandparent visitation rights, custody issues, including the revised Uniform Child Custody Jurisdiction Act (UCCJA), now called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and features expanded coverage of equitable or titled interest in community property the authors integrate new cases throughout the book

Table of Contents

Preface	xxix
Acknowledgments	xxxi
I MARRIAGE AND ITS ALTERNATIVES
When Are Adult Partners a Family?	3	(28)
Regan, Calibrated Commitment: The Legal Treatment of Marriage and Cohabitation	3	(3)
Fineman, Why Marriage?	6	(1)
Wardle, The Bonds of Matrimony and the Bonds of Constitutional Democracy	7	(3)
Foster, The Family Paradigm of Inheritance Law	10	(1)
Hewitt v. Hewitt	10	(2)
Notes and Questions	12	(1)
Braschi v. Stahl Associates Company	13	(4)
Notes and Questions	17	(1)
City of Ladue v. Horn	18	(4)
Notes and Questions	22	(3)
Borough of Glassboro v. Vallorosi	25	(5)
Notes and Questions	30	(1)
The Importance of Being a Family	31	(124)
Introduction	31	(3)
Marital Property	34	(79)
Ownership and Control of Wealth	35	(1)
The Common Law Tradition	35	(4)
Problem	39	(1)
Murdoch v. Murdoch	40	(2)
Notes and Questions	42	(1)
Problems	43	(1)
The Estate by the Entirety	44	(2)
Notes and Questions	46	(1)
Problems	47	(1)
Community Property	47	(3)
Oldham, Management of the Community Estate During an Intact Marriage	50	(1)
``New'' Property	51	(2)
Boggs v. Boggs	53	(6)
Notes and Questions	59	(4)
Problem	63	(1)
The Daily Management and Control of Marital Wealth	63	(1)
McGuire v. McGuire	63	(4)
Glendon, Power and Authority in the Family: New Legal Patterns as Reflections of Changing Ideologies	67	(1)
Teitelbaum, Family History and Family Law	68	(2)
Hafen, The Family as an Entity	70	(1)
Teitelbaum, The Family as a System: A Preliminary Sketch	70	(4)
Galbraith, Economics and the Public Purpose	74	(2)
Oldham, Management of the Community Estate During an Intact Marriage	76	(1)
Sharpe Furniture, Inc. v. Buckstaff	77	(4)
Notes and Questions	81	(1)
Note: ``Necessaries'' and ``New Property''	82	(3)
Notes and Questions	85	(1)
Constitutional Limits on Gender-Based Classifications	85	(1)
Problem	85	(1)
Relevant Statutes	86	(1)
Materials Regarding Domicile	87	(1)
Additional Materials Concerning Liability for Necessaries	87	(2)
Empirical Data	89	(1)
Constitutional Decisions	89	(9)
Spousal Contracts During Marriage	98	(1)
Borelli v. Brusseau	98	(5)
Notes and Questions	103	(3)
Problems	106	(1)
Pacelli v. Pacelli	107	(5)
Notes and Questions	112	(1)
Violence Between Spouses	113	(27)
Crimes Between Spouses	114	(1)
People v. Liberta	114	(3)
Notes and Questions	117	(1)
Police Response to Domestic Violence Calls	118	(1)
Problem	118	(1)
Constitutional Decisions	119	(3)
Fourth Amendment Limits	122	(1)
Historical and Social Background	123	(1)
Pleck, Domestic Tyranny: The Making of Social Policy Against Family Violence from Colonial Times to the Present	123	(1)
Fagan & Browne, Violence Between Spouses and Intimates: Physical Aggression Between Women and Men in Intimate Relationships	124	(2)
Gelles & Straus, Intimate Violence	126	(2)
Fagan & Browne, Violence Between Spouses and Intimates: Physical Aggression Between Women and Men in Intimate Relationships	128	(2)
Maxwell, Garner & Fagan, The Effects of Arrest on Intimate Partner Violence: New Evidence from the Spouse Assault Replication Program	130	(1)
Legal Alternatives: Criminal Prosecution and Protective Orders	131	(5)
Note: Federal Legislation	136	(1)
Spousal Tort Liability	137	(1)
Burns v. Burns	137	(1)
Hill v. Hill	138	(1)
Notes and Questions	139	(1)
Problems	140	(1)
Reproductive Choice Within the Family	140	(9)
Reproductive Rights and Interests	140	(3)
Reproductive Choice Within the Family	143	(1)
Planned Parenthood of Central Missouri v. Danforth	143	(2)
Notes and Questions	145	(1)
Planned Parenthood of Southeastern Pennsylvania v. Casey	145	(2)
Notes and Questions	147	(1)
Problem	148	(1)
Medical Decision Making About Family Members	149	(6)
Cruzan v. Director, Missouri Department of Health	149	(4)
Notes and Questions	153	(2)
Entering Ceremonial Marriage	155	(74)
Introduction	155	(1)
Formalities	156	(2)
Uniform Marriage and Divorce Act	156	(1)
Notes and Questions	156	(1)
Note: ``Void'' and ``Voidable'' Marriages	157	(1)
The Agreement to Marry	158	(18)
The Content of the Agreement	158	(1)
Lutwak v. United States	158	(4)
Notes and Questions	162	(2)
Problems	164	(1)
Capacity to Agree	165	(1)
Edmunds v. Edwards	165	(3)
Notes and Questions	168	(3)
Fraud and Duress	171	(1)
Wolfe v. Wolfe	171	(2)
Notes and Questions	173	(1)
Problems	174	(1)
Note: Names	175	(1)
Substantive Restrictions on Marrying	176	(42)
The Constitutional Framework	176	(1)
Zablocki v. Redhail	176	(6)
Notes and Questions	182	(2)
Problems	184	(1)
Particular Restrictions	184	(1)
Monogamy	184	(1)
Potter v. Murray City	184	(2)
Notes and Questions	186	(5)
Relationship	191	(1)
State v. Sharon H.	191	(1)
Notes and Questions	192	(2)
Problems	194	(1)
Different Sexes	195	(1)
Goodridge v. Department of Public Health	195	(10)
Opinions of the Justices to the Senate	205	(1)
Notes and Questions	206	(5)
Note: International Developments in Same-Sex Marriage	211	(3)
Note: Developments in Transsexual Marriage	214	(1)
Age	215	(1)
In re Barbara Haven	215	(2)
Notes and Questions	217	(1)
Conflict of Laws	218	(11)
In re May's Estate	218	(2)
Notes and Questions	220	(3)
The Defense of Marriage Act	223	(1)
Kramer, Same-Sex Marriage, Conflict of Laws, and the Unconstitutional Public Policy Exception	223	(2)
Notes and Questions	225	(2)
Problems	227	(2)
Alternatives to Ceremonial Marriage	229	(58)
Introduction	229	(3)
Forste, Prelude to Marriage or Alternative to Marriage?	229	(1)
Glendon, Marriage and the State: The Withering Away of Marriage	230	(1)
Common Law Marriage, Presumptions of Marriage, and Putative Spouses	231	(1)
Common Law Marriage	232	(14)
Grossberg, Governing the Hearth	232	(1)
In re Marriage of Winegard	233	(4)
Notes and Questions	237	(3)
Problems	240	(1)
Presumptions of Marriage and Putative Spouses	241	(1)
Spearman v. Spearman	241	(2)
Notes and Questions	243	(2)
Problems	245	(1)
Legal Alternatives to Marriage	246	(41)
Estin, Ordinary Cohabitation	246	(2)
Forste, Prelude to Marriage or Alternative to Marriage?	248	(1)
Judicially Created Solutions	249	(1)
Marvin v. Marvin	249	(2)
Notes and Questions	251	(2)
In the Matter of the Estate of Roccamonte	253	(5)
Notes and Questions	258	(2)
Connell v. Francisco	260	(3)
Notes and Questions	263	(2)
Wardle, Deconstructing Family: A Critique of the American Law Institute's ``Domestic Partners'' Proposal	265	(1)
Problems	266	(1)
Statutory Solutions: Domestic Partnerships, Civil Unions, Reciprocal Beneficiary Relationships, and More	267	(1)
Hawaii H.B. 118 (1997)	268	(1)
Vermont Legislature, Act No. 91 (H. 847) (1999)	269	(1)
Cal. Stats. 2003, C. 421 (A.B. 205)	270	(2)
New Jersey Domestic Partnership Act (2004)	272	(4)
Notes and Questions	276	(3)
Problem	279	(1)
Nonmarital Cohabitation in Other Western Countries	280	(7)
II FAMILY DISSOLUTION
Divorce Grounds and Procedures	287	(100)
Introduction	287	(6)
Schneider, Moral Discourse and the Transformation of Family Law	291	(2)
The Traditional Divorce System	293	(16)
Grounds for Divorce	293	(1)
New Hampshire Public Statutes Chapter 175, §5 (1901)	294	(1)
Kucera v. Kucera	295	(2)
Simpson v. Simpson	297	(4)
Notes and Questions	301	(4)
Problems	305	(1)
Divorce Procedure	306	(3)
The Adoption of No-Fault Divorce	309	(14)
Friedman, Rights of Passage: Divorce Law in Historical Perspective	309	(2)
Grounds for Divorce	311	(1)
Uniform Marriage and Divorce Act	311	(1)
Desrochers v. Desrochers	312	(2)
Notes and Questions	314	(2)
No-Default Divorce Procedure	316	(1)
Boddie v. Connecticut	316	(2)
Notes and Questions	318	(1)
Manion v. Manion	319	(1)
Notes and Questions	320	(2)
California Family Code---Summary Dissolution	322	(1)
Evaluating Divorce Reform	323	(22)
DeWitt, Breaking Up Is Hard to Do	324	(1)
Glenn, Is the Current Concern About American Marriage Warranted?	324	(3)
Ellman, The Misguided Movement to Revive Fault Divorce, and Why Reformers Should Look Instead to the American Law Institute	327	(1)
Weisbrod, On the Expressive Functions of Family Law	328	(1)
Notes and Questions	329	(1)
Shiono & Quinn, Epidemiology of Divorce	330	(2)
Spaht, Louisiana's Covenant Marriage: Social Analysis and Legal Implications	332	(1)
Nock, Sanchez, Wilson & Wright, Covenant Marriage Turns Five Years Old	333	(2)
Scott, Divorce, Children's Welfare, and the Culture Wars	335	(4)
Cahn, The Moral Complexities of Family Law	339	(1)
Notes and Questions	340	(5)
Lawyers and the Divorce Process	345	(42)
Creating the Lawyer-Client Relationship	345	(1)
Klemm v. Klemm	345	(4)
Notes and Questions	349	(3)
Problems	352	(1)
Note: Fee Arrangements	352	(3)
Problems	355	(1)
Counseling and Client Relations	356	(2)
Elkins, A Counseling Model for Lawyering in Divorce Cases	358	(1)
Sarat & Felstiner, Law and Strategy in the Divorce Lawyer's Office	359	(4)
Notes and Questions	363	(3)
Problems	366	(1)
Alternative Dispute Resolution	366	(1)
Pearson & Thoennes, Mediating and Litigating Custody Disputes: A Longitudinal Evaluation	366	(1)
Carbonneau, Alternative Dispute Resolution: Melting the Lances and Dismounting the Steeds	367	(1)
Negotiation	368	(1)
Melli, Erlanger & Chambliss, The Process of Negotiation: An Exploratory Investigation in the Context of No-Fault Divorce	368	(2)
Notes and Questions	370	(4)
Problems	374	(1)
Arbitration	374	(1)
Koritzinsky, Welch & Schlissel, The Benefits of Arbitration	375	(1)
Flaherty v. Flaherty	376	(2)
Notes and Questions	378	(1)
Problem	379	(1)
Mediation	379	(1)
Pearson & Thoennes, Mediating and Litigating Custody Disputes: A Longitudinal Evaluation	379	(1)
Notes and Questions	380	(4)
Fineman, Dominant Discourse, Professional Language, and Legal Change in Child Custody Decisionmaking	384	(1)
Problems	385	(2)
Property Division and Spousal Support	387	(114)
Overview	387	(11)
Historical Justifications of and Criteria for Economic Awards	388	(1)
Economic Orders in the No-Fault Era	389	(1)
Criticism of No-Fault Economics	390	(8)
Property Division at Divorce	398	(32)
Uniform Marriage and Divorce Act §307	399	(1)
Notes and Questions	400	(2)
Problem	402	(1)
The Meaning of ``Equitable Distribution''	402	(1)
In the Matter of the Marriage of Pierson	402	(3)
Notes and Questions	405	(6)
Problems	411	(1)
Characterization of Property as Separate or Marital	412	(1)
O'Brien v. O'Brien	412	(6)
Notes and Questions	418	(5)
Problems	423	(1)
Choice-of-Law Issues	424	(1)
Dividing Debts	425	(1)
Geldmeier v. Geldmeier	425	(3)
Notes and Questions	428	(1)
Problem	429	(1)
The Marital Home	429	(1)
Spousal Support at Divorce	430	(29)
Vernier & Hurlbut, The Historical Background of Alimony Law and Its Present Sructure	430	(2)
Peele, Social and Psychological Effects of the Availability and the Granting of Alimony on the Spouses	432	(1)
Changing Attitudes Toward Spousal Support in the No-Fault Era	433	(2)
Kay, Equality and Difference: A Perspective on No-Fault Divorce and Its Aftermath	435	(1)
England & Farkas, Households, Employment and Gender	435	(2)
Ellman, The Theory of Alimony	437	(1)
Oldham, Putting Asunder in the 1990s	437	(1)
Williams, Is Coverture Dead? Beyond a New Theory of Alimony	438	(1)
Applying the Changing Views	439	(1)
Uniform Marriage and Divorce Act §308	439	(1)
Notes and Questions	439	(1)
Problem	440	(1)
Turner v. Turner	440	(3)
In re Marriage of Larocque	443	(5)
Rogerson, Spousal Support After Moge	448	(2)
Notes and Questions	450	(3)
Carbone, The Futility of Coherence: The ALI's Principles of the Law of Family Dissolution, Compensatory Spousal Payments	453	(2)
Notes and Questions	455	(1)
Problems	456	(1)
Spousal Support for the Caregiving Parent?	457	(1)
Problem	457	(1)
Empirical Data on Working Parents	457	(1)
The General State of the Law	457	(1)
The Politics and Social Value of Caregiving	458	(1)
Divorce and New Property	459	(42)
Introduction	459	(1)
Note: Valuing Streams of Payments	460	(1)
Pensions and Other Employment-Related Benefits	461	(2)
Laing v. Laing	463	(3)
Notes and Questions	466	(4)
Problems	470	(1)
Note: Social Security, Military, and Other Pensions	470	(3)
Note: Assigning Present Values to and Dividing Pensions	473	(1)
Notes and Questions	474	(1)
Note: Qualified Domestic Relations Orders	474	(2)
Personal Injury Awards, Disability Pay, and Similar Interests	476	(1)
Notes and Questions	477	(1)
Problems	478	(1)
Professional Practices and Other Closely Held Businesses	479	(1)
May v. May	479	(10)
Notes and Questions	489	(2)
Problems	491	(1)
Degrees, Licenses, Jobs, and Earning Capacity	492	(1)
Problem	492	(1)
Case Law and Statutes	493	(1)
Mahoney v. Mahoney	493	(2)
O'Brien v. O'Brien	495	(2)
Notes and Questions	497	(1)
California Family Code §2641	498	(1)
Public Opinion	499	(1)
Empirical Information	500	(1)
Parent-Child Support Duties	501	(48)
Harris, Waldrop & Waldrop, Making and Breaking Connections Between Parents' Duty to Support and Right to Control Their Children	501	(3)
The Prevailing Child Support Model	504	(7)
Williams, Guidelines for Setting Levels of Child Support Orders	505	(3)
Notes and Questions	508	(2)
Thoennes et al., The Impact of Child Support Guidelines on Award Adequacy, Award Variability and Case Processing Efficiency	510	(1)
Challenges to the Prevailing Model	511	(8)
Harris, The Proposed ALI Child Support Principles	511	(4)
Beld & Biernat, Federal Intent for State Child Support Guidelines: Income Shares, Cost Shares, and the Realities of Shared Parenting	515	(2)
Notes and Questions	517	(2)
Particular Issues in Applying Child Support Formulas	519	(14)
Peterson v. Peterson	519	(3)
Notes and Questions	522	(2)
Note: Children's Medical Expenses	524	(1)
Problems	525	(1)
Melli, Guideline Review: Child Support and Time Sharing by Parents	526	(2)
Colonna v. Colonna	528	(3)
Notes and Questions	531	(1)
Note: Child Support Obligations of Low-Income Parents	532	(1)
Support for Older Children	533	(9)
Harris, Waldrop & Waldrop, Making and Breaking Connections Between Parents' Duty to Support and Right to Control Their Children	533	(1)
Childers v. Childers	534	(3)
Wallerstein & Blakeslee, Second Chances: Men, Women & Children a Decade After Divorce	537	(1)
Fabricius, Braver & Deneau, Divorced Parents' Financial Support of Their Children's College Expenses	538	(1)
Notes and Questions	539	(2)
Problems	541	(1)
Support for Parents	542	(7)
American Healthcare Center v. Randall	543	(2)
Swoap v. Superior Court	545	(2)
Notes and Questions	547	(2)
Modification, Termination, Enforcement, and Tax and Bankruptcy Treatment of Orders	549	(72)
Introduction	549	(1)
Modification and Termination of Support	549	(29)
``Foreseeable'' Changes in Circumstances	550	(1)
``Voluntary'' Versus ``Involuntary'' Decreases in the Payor's Income	551	(1)
Deegan v. Deegan	551	(3)
Notes and Questions	554	(2)
Problems	556	(1)
New Families---Spousal Support, Remarriage, and Cohabitation	557	(1)
Peterson v. Peterson	557	(2)
Notes and Questions	559	(2)
Problems	561	(1)
In re Marriage of Dwyer	561	(1)
Notes and Questions	562	(3)
Problem	565	(1)
New Families---Child Support	566	(1)
Ainsworth v. Ainsworth	566	(5)
Notes and Questions	571	(4)
Problems	575	(1)
A Comparison: Child Support Duties When the Family Receives Public Assistance	576	(1)
Problems	577	(1)
Enforcement	578	(24)
Grall, Custodial Mothers and Fathers and Their Child Support: 2001	578	(3)
Private Enforcement Mechanisms--Liens, Trusts, and Insurance	581	(1)
Jailing ``Deadbeat'' Parents	582	(1)
Moss v. Superior Court	582	(7)
Notes and Questions	589	(3)
Note: Civil or Criminal Contempt?	592	(2)
Problems	594	(1)
The State-Federal Child Support Enforcement Program	594	(2)
DHHS, Office of Child Support Enforcement, Child Support Enforcement FY 2003 Preliminary Data Report	596	(4)
The Continuing Challenge of Childhood Poverty	600	(1)
U.S. Commission on Interstate Child Support, Supporting Our Children: A Blueprint for Reform	600	(2)
Taxes	602	(9)
Taxation of the Ongoing Family	602	(3)
Taxation of the Family After Divorce	605	(1)
Property Division---IRC §1041	605	(2)
Spousal Support---IRC §71 and 215	607	(2)
Child Support	609	(1)
Dependency Exemptions, Child Tax Credits, Child Care Credits, Earned Income Credits, and Children's Medical Expenses	610	(1)
Problems	610	(1)
Bankruptcy	611	(10)
In re Huckfeldt	612	(2)
Notes and Questions	614	(2)
Sylvester v. Sylvester	616	(2)
Notes and Questions	618	(3)
Child Custody	621	(104)
Introduction	621	(1)
Grossberg, Governing the Hearth: Law and the Family in Nineteenth Century America	621	(1)
Standards for Custody Determination	622	(73)
An Introduction to the ``Best Interests'' Standard	622	(1)
Painter v. Bannister	623	(4)
Freud, Painter v. Bannister: Postscript by a Psychoanalyst	627	(4)
Notes and Questions	631	(1)
Wexler, Rethinking the Modification of Child Custody Decrees	632	(2)
The Primary Caretaker	634	(1)
Burchard v. Garay	635	(3)
Notes and Questions	638	(2)
American Law Institute, Principles of the Law of Family Dissolution §2.08 (2002)	640	(1)
Notes and Questions	641	(1)
Problems	642	(1)
Joint Custody	643	(1)
Taylor v. Taylor	644	(5)
Notes and Questions	649	(4)
Fineman, Dominant Discourse, Professional Language, and Legal Change in Child Custody Decisionmaking	653	(2)
Principles of the Law of Family Dissolution §2.05 (2002)	655	(1)
Notes and Questions	656	(1)
Lombardo v. Lombardo	657	(2)
Notes and Questions	659	(1)
Problems	660	(1)
Judging Parenthood: What Makes Parents Unfit?	660	(1)
Fineman, The Illusion of Equality: The Rhetoric and Reality of Divorce Reform	661	(1)
Sexual Activity	661	(1)
Taylor v. Taylor	661	(4)
Notes and Questions	665	(4)
Race	669	(1)
Palmore v. Sidoti	669	(2)
Notes and Questions	671	(1)
Problems	672	(1)
Religion	672	(1)
Shelley v. Westbrooke	673	(1)
In re Marriage of Hadeen	673	(3)
Notes and Questions	676	(3)
Wizner & Berkman, Being a Lawyer for a Child Too Young to Be a Client: A Clinical Study	679	(1)
Problems	680	(1)
Spouse Abuse	681	(1)
Opinion of the Justices to the Senate	681	(3)
Notes and Questions	684	(2)
Problems	686	(1)
Unfriendly Co-parenting	687	(1)
Renaud v. Renaud	687	(3)
Notes and Questions	690	(4)
Carbone, From Partners to Parents: The Second Revolution in Family Law	694	(1)
Visitation and Its Enforcement	695	(20)
Morgan v. Foretich	695	(2)
Notes and Questions	697	(3)
Burgess v. Burgess	700	(6)
Notes and Questions	706	(5)
Problems	711	(1)
Bersani v. Bersani	711	(3)
Notes and Questions	714	(1)
Problems	715	(1)
Modification of Custody and Visitation Orders	715	(10)
State ex rel. Johnson v. Bail	715	(4)
Notes and Questions	719	(3)
Problems	722	(3)
Family Contracts	725	(44)
Introduction: Status and Contract Revisited	725	(3)
Premarital Agreements	728	(26)
Sanders v. Sanders	728	(4)
Notes and Questions	732	(1)
Simeone v. Simeone	732	(6)
Notes and Questions	738	(3)
Brod, Premartial Agreements and Gender Justice	741	(1)
Weisbrod, Practical Polyphony: Theories of the State and Feminist Jurisprudence	742	(1)
Bix, Bargaining in the Shadow of Love: The Enforcement of Premarital Agreements and How We Think About Marriage	742	(3)
Uniform Premarital Agreements Act	745	(1)
Notes and Questions	746	(3)
Principles of the Law of Family Dissolution	749	(1)
Younger, A Minnesota Comparative Family Law Symposium: Antenuptial Agreements	750	(1)
Notes and Questions	751	(1)
Problems	752	(2)
Separation Agreements	754	(15)
The Permissible Scope of the Agreement	754	(1)
Sharp, Fairness Standards and Separation Agreements: A Word of Caution on Contractual Freedom	754	(1)
Uniform Marriage and Divorce Act §306	755	(1)
ALI Principles of the Law of Family Dissolution §7.09	756	(1)
Mnookin & Kornhauser, Bargaining in the Shadow of the Law: The Case of Divorce	756	(1)
Notes and Questions	757	(1)
Post-Decree Attacks on Agreements and Decrees Based on Them	758	(1)
Hresko v. Hresko	758	(3)
Notes and Questions	761	(1)
Problems	761	(1)
Modification of Agreements	762	(1)
In re Estate of Hereford	762	(4)
Notes and Questions	766	(1)
Problem	767	(2)
Jurisdiction	769	(70)
Introduction	769	(1)
Divorce Jurisdiction	770	(8)
Sherrer v. Sherrer	774	(2)
Notes and Questions	776	(2)
Problems	778	(1)
Divisible Divorce	778	(4)
Vanderbilt v. Vanderbilt	779	(1)
Notes and Questions	780	(1)
Note: Property Division---Jurisdiction and Full Faith and Credit	781	(1)
Problems	781	(1)
Jurisdiction and Full Faith and Credit for Support Duties	782	(19)
Long-Arm Jurisdiction in Support Cases	783	(1)
Kulko v. Superior Court	783	(3)
Notes and Questions	786	(1)
Problems	787	(1)
Interstate Modification and Enforcement of Support	787	(2)
Philipp v. Stahl	789	(7)
Notes and Questions	796	(3)
Problems	799	(1)
Note: International Support Enforcement	799	(2)
Child Custody Jurisdiction	801	(30)
Initial Jurisdiction	803	(1)
In re McCoy	803	(4)
Notes and Questions	807	(2)
Interstate Enforcement and Modification Jurisdiction	809	(1)
In re Forlenza	810	(4)
Notes and Questions	814	(4)
Note: Domestic Violence Cases and the UCCJEA	818	(1)
Problems	819	(1)
Adoption Jurisdiction	820	(2)
International Enforcement of Custodial Rights	822	(1)
Friedrich v. Friedrich	822	(4)
Notes and Questions	826	(5)
Federal Court Jurisdiction over Domestic Relations	831	(8)
Ankenbrandt v. Richards	831	(3)
Resnik, ``Naturally'' Without Gender: Women, Jurisdiction, and the Federal Courts	834	(2)
Notes and Questions	836	(3)
III CHILDREN, PARENTS, AND THE STATE
Determining Legal Parenthood: Marriage, Biology, and Function	839	(104)
Introduction	839	(28)
The Constitutional Rights of Parents	841	(1)
Troxel v. Granville	841	(7)
Notes and Questions	848	(2)
Problems	850	(1)
The Relationship Between Parenthood and Marriage	850	(1)
Blackstone, Commentaries on the Laws of England	850	(2)
Michael H. v. Gerald D.	852	(9)
Notes and Questions	861	(3)
Children's Emotional Needs	864	(1)
Bartlett, Rethinking Parenthood as an Exclusive Status: The Need for Legal Alternatives When the Premise of the Nuclear Family Has Failed	864	(2)
The Possibility of Multiple Parenthood	866	(1)
Problems	866	(1)
Unmarried Fathers	867	(44)
Child Support, Inheritance, and Public Benefits	868	(1)
Matter of L. Pamela P. v. Frank S.	869	(1)
Notes and Questions	870	(1)
Carbone, From Partners to Parents: The Second Revolution in Family Law	871	(1)
Problems	871	(1)
Bennemon v. Sullivan	872	(3)
Notes and Questions	875	(2)
Problems	877	(1)
Unmarried Fathers' Custodial Rights	877	(1)
Lehr v. Robertson	878	(7)
Notes and Questions	885	(3)
Problems	888	(1)
Adoption of Michael H.	888	(9)
Notes and Questions	897	(1)
Problems	898	(1)
Establishing Paternity	899	(1)
Plemel v. Walter	900	(7)
Notes and Questions	907	(3)
Problems	910	(1)
Legal Recognition of Functional Families	911	(32)
Stepparenthood	911	(1)
Chambers, Stepparents, Biologic Parents, and the Law's Perceptions of ``Family'' After Divorce	911	(3)
M. H. B. v. H. T. B.	914	(4)
Notes and Questions	918	(3)
Problem	921	(1)
In re Nelson	921	(4)
Notes and Questions	925	(2)
Problems	927	(1)
Second-Parent Adoption?	927	(1)
Sharon S. v. Superior Court	927	(13)
Notes and Questions	940	(1)
Problem	941	(2)
Adoption and Alternative Reproductive Technologies	943	(68)
Adoption	943	(38)
Sokoloff, Antecedents of American Adoption	943	(3)
Terminating the First Parent-Child Relationship	946	(1)
In re Petition of S. O.	947	(4)
Notes and Questions	951	(1)
Note: Parental Consent to Adoption	952	(1)
Note: Grounds for Dispensing with Parental Consent	953	(1)
Note: Open Adoption and Open Records	953	(3)
Problems	956	(1)
Establishing the New Parent-Child Relationship---Independent vs. Agency Adoption and Adoption of Special-Needs Children	957	(4)
Child Placement, Race, and Religion	961	(1)
Mississippi Band of Choctaw Indians v. Holyfield	962	(7)
Notes and Questions	969	(3)
Note: Transracial Placement	972	(2)
Perry, Transracial and International Adoption: Mothers, Hierarchy, Race and Feminist Legal Theory	974	(2)
Bartholet, International Adoption: Propriety, Prospects and Pragmatics	976	(2)
Notes and Questions	978	(1)
Note: Religious Matching	979	(1)
Problem	980	(1)
Alternative Reproductive Technologies	981	(30)
Artificial Insemination and In ``Vitro Fertilization	981	(1)
Uniform Parentage Act (2002)	981	(1)
Notes and Questions	982	(1)
Problems	983	(1)
Surrogate Motherhood	984	(1)
Johnson v. Calvert	984	(11)
Notes and Questions	995	(2)
Problems	997	(1)
J.F. v. D.B.	997	(11)
Notes and Questions	1008	(3)
Table of Cases	1011	(10)
Index	1021