Family Law in Perspective

by Wadlington, Walter; O'Brien, Raymond C.

• ISBN13: 9781609300456
• ISBN10: 1609300459
• Edition: 3rd
• Format: Paperback
• Copyright: 2012-02-06
• Publisher: Foundation Pr

Summary

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.

Author Biography

Walter Wadlington is James Madison Professor of Law Emeritus at the University of Virginia. He is co-author of Domestic Relations Cases and Materials (6th edition, with Raymond O'Brien); Children in the Legal System (4th edition with Samuel M. Davis, Elizabeth S. Scott and Charles H. Whitebread); and Family Law Statutes, International Conventions and Uniform Laws (4th edition) with Professor O'Brien. Raymond C. O'Brien is a Professor at Law at The Catholic University of America. He also holds a joint appointment at the Georgetown University Law Center. He teaches Family Law and Decedents' Estates, coauthoring casebooks and statutory supplements on Family Law topics with Professor Walter Wadlington. He is also a coauthor of two casebooks on Decedents' Estates.

Table of Contents

Introduction to the Third Edition	p. v
Note on Editing and Acknowledgment	p. vi
Conceptualizing Modern Family Law	p. 1
Defining Family Law	p. 1
Private Ordering	p. 4
Assisted Reproductive Technology	p. 5
The Best Interest of the Child	p. 6
Marital and Postmarital Contracting	p. 9
The Right to Contract	p. 9
Premarital Contracts	p. 12
Postmarital Agreements	p. 16
Separation Agreements	p. 18
Marriage	p. 20
Marriage as an Institution	p. 20
Limitations on Who Can Marry	p. 23
Void and Voidable	p. 23
Statutory Formalities Required to Enter into Marriage	p. 25
Intent to Enter into Marriage	p. 26
Confidential and Proxy Marriages	p. 27
Transgendered Persons	p. 28
Same-Sex Marriage	p. 29
Marital Status Alternatives	p. 33
Civil Unions	p. 33
Domestic Partnerships	p. 34
The Husband and Wife Relationship	p. 35
Choice of Names	p. 35
Management of Marital Property	p. 36
Support During Marriage	p. 38
Spousal Crimes of Assault, Crimes Against Property, and Testimonial Privilege	p. 39
Domestic Violence	p. 40
Marital Torts	p. 42
Medical Decision-Making	p. 43
Nonmarital Cohabitation	p. 45
The Issue	p. 45
Ascendency of the Status of Nonmarital Cohabitation	p. 49
Enforcement of Agreements	p. 55
Express Agreements	p. 55
Implied Agreements	p. 56
Dissolving a Marriage: Divorce	p. 58
Historical Context	p. 58
Divorce Jurisdiction and Full Faith and Credit	p. 63
Domicile	p. 63
Contesting Domicile	p. 64
Full Faith and Credit	p. 65
Comity for a Foreign Divorce	p. 66
Fault Grounds	p. 67
Adultery	p. 67
Cruelty	p. 68
Desertion	p. 69
Defenses to Fault Grounds	p. 70
Recrimination	p. 71
Connivance	p. 71
Condonation	p. 71
Collusion	p. 72
Insanity	p. 72
Laches and Statutes of Limitation	p. 73
No-Fault Divorce	p. 73
Living Separate and Apart	p. 74
Breakdown Grounds	p. 74
Divisible Divorce	p. 75
Spousal Support	p. 76
Child Support	p. 77
Child Custody	p. 78
Division of Marital Property at Dissolution	p. 80
Historical Perspective	p. 80
The Two Systems of Property Distribution	p. 83
Community Property States	p. 83
Common Law (Separate Property) States	p. 85
Classifications of Marital Property	p. 86
Marital Debt	p. 86
Marital Home	p. 87
Pension Benefits	p. 88
Social Security Benefits	p. 90
Military Retirement Benefits	p. 91
Income Enhancing Licenses and Degrees	p. 91
Goodwill	p. 92
Personal Injury Awards	p. 93
The Process of Division and Support	p. 94
The Marital Period	p. 94
Rehabilitation	p. 95
Reimbursement	p. 96
Indefinite	p. 97
Modification of Support	p. 97
Enforcement	p. 98
The Parameters of Procreation	p. 100
Constitutional Underpinnings	p. 100
Estabhshing Paternity and Maternity	p. 103
Presumptive Paternity and Maternity	p. 105
Rebutting the Presumptions	p. 107
Registering to Establish Paternity	p. 108
Children of Assisted Reproduction.	p. 109
Parental Status of Same-Sex Partners	p. 109
Cryopreservation Agreements	p. 111
Surrogacy	p. 112
Posthumous Conception	p. 113
Parental Duties Owed to Children	p. 117
The Best Interest of the Child	p. 117
Emancipation	p. 117
Children In Need of Supervision (CINS)	p. 119
Standby Guardianship	p. 119
Medical Decisions by and for Children	p. 120
Parental Financial Support	p. 122
Imputed Income	p. 124
Income Used for Calculation	p. 125
Modification of Award	p. 126
Termination of Financial Support	p. 128
Enforcement of Child Support Obligations	p. 129
Custody of Children	p. 132
Four Constructs for Evaluating Custody Determinations	p. 134
Parent Versus Parent	p. 134
Parent Versus Non-Parent	p. 138
Parent Versus State	p. 140
Non-Parent Versus State	p. 142
Considerations in the Child's Best Interest	p. 143
Racial Classifications	p. 143
Religion	p. 144
Sexual Conduct	p. 146
Visitation	p. 147
Relocation	p. 149
Termination of Parental Rights	p. 152
Constitutional Procedural Parameters	p. 153
Foster Care	p. 155
Reasonable Efforts	p. 156
Adoption and Safe Families act of 1997	p. 157
Criteria for Termination	p. 159
Abuse and Neglect	p. 159
Abandonment	p. 162
Disability, Unwillingness, or Incapacity to Perform Parental Duties	p. 164
Incarceration	p. 165
Adoption	p. 166
Historical Underpinnings	p. 166
Adoption of Minors	p. 167
Adoption Classifications	p. 167
Confidentiality	p. 168
Liability of Adoption Agencies.	p. 169
Genetic Parents: Notice and Consent	p. 171
Who Can Adopt?	p. 172
Racial and Religious Considerations	p. 172
Sexual Orientation	p. 173
Subsidized Adoptions	p. 174
Adoption of Adults	p. 175
Stepparent Adoption	p. 177
Equitable Adoption	p. 178
Open Adoption	p. 179
Intercountry Adoptions	p. 180
Table of Internet Citations	p. 183
Table of Cases	p. 185
Index	p. 191
Table of Contents provided by Ingram. All Rights Reserved.