Fundamental Principles of Family Law

by Wardle, Lynn D.; Nolan, Laurence C.

• ISBN13: 9780837738284
• ISBN10: 0837738288
• Format: Hardcover
• Copyright: 2002-08-01
• Publisher: William s Hein & Co

Summary

Fundamental Principles of Family Law has been prepared foruse by law students in the basic Family Law course taught inAmerican law schools. This casebook is designed especiallyfor use in national and regional law schools where thestudents come from and expect to be practicing in manydifferent states. This casebook emphasizes the basicgeneral principles of substantive and procedural law thatregulate family relations in most American states.

Table of Contents

Part I Introduction
Introduction: Definition, Organization, Importance and Sources of Family Law	3	(24)
Introduction to Family Law: Definition and Organization	3	(18)
The Importance of Family Law	21	(3)
Sources of Family Law	24	(3)
The Variety of American Family Laws and Courts; Federalism in Family Law; Constitutionalization; Family Autonomy	27	(28)
The Variety and Structure of American Family Laws and Courts	27	(2)
Federalism in Family Law and the Domestic Relations Exception to Diversity Jurisdiction	29	(9)
Constitutionalization of Family Law	38	(2)
Family Autonomy	40	(15)
Part II The Creation of Spousal Relations
Marriage Regulation in General; Constitutional Right to Marry; Marriage Essentials; Monogamy	55	(30)
Marriage Regulations in General	55	(2)
The Constitutional Right to Marry	57	(15)
Marriage Essentials - In General	72	(3)
Monogamy	75	(10)
Physical Requirements for Marriage -- Consanguinity; Physical Capacity; Same-Sex Marriage	85	(30)
Physical Requirements: Consanguinity and Affinity	85	(7)
Physical Capacity to Marry	92	(3)
Same-Sex Marriage	95	(20)
Marital Age; Mental Requirements; Agreement	115	(26)
Age of Marriage Requirements	115	(8)
Mental Competency	123	(5)
Agreement to Marry	128	(13)
Common Law Marriage; Marriage Formalities; Covenant Marriage	141	(24)
Common Law Marriage	141	(13)
Marriage Formalities	154	(6)
Covenant Marriage and the Marriage Reform Movement	160	(5)
Antenuptial Contracts and Failure of Marriage Expectations	165	(20)
Antenuptial Contracts	165	(11)
Failure of Marriage Expectations	176	(9)
Quasi-Marriage; Choice of Law; International and Comparative	185	(36)
Quasi-Marriage	185	(21)
Choice of Law	206	(9)
International & Comparative Marriage Regulation	215	(6)
Part III The Creation of Parent-Child Relations
Constitutional Rights Concerning Procreation and Parentage	221	(26)
Constitutional Rights Concerning Procreation And Parentage	221	(26)
Conventional Paternity and Legitimacy	247	(28)
Paternity	247	(15)
Legitimacy	262	(13)
New Reproductive Techniques and New Parentage Issues	275	(30)
New Reproductive Techniques in General	275	(30)
Adoption: History; First-Step: Terminating The Existing Parent-Child Relationship	305	(32)
Adoption: History and General Requirements	305	(32)
Adoption: Creation of New Parent-Child Relationship; Placement; Effects	337	(24)
Placement	337	(12)
Legal Consequences of Adoption	349	(12)
Adoption: International and Interstate Adoptions; Indian Child Welfare Act; Jurisdiction	361	(20)
International and Interstate Adoptions	361	(17)
Indian Child Welfare Act	378	(3)
Preventing Procreation: Contraception and Abortion	381	(22)
Contraception	381	(8)
Abortion	389	(14)
Part IV Ongoing Spousal Relations
Spousal Status and Economic Consequences of Marriage in General; Marital Property Regimes	403	(22)
Spousal Status and Economic Consequences of Marriage in General	403	(6)
Marital Property Regimes in General	409	(12)
Marital Discrimination	421	(4)
Economic Consequences: Necessaries, Family Support; Benefits and Tax Considerations	425	(22)
Necessaries, Family Support, Contract and Agency	425	(17)
Public & Private Benefits and Tax Considerations	442	(5)
Non-economic Consequences of Marriage in General; Consortium and Heartbalm Actions; Privileges and Immunities	447	(28)
Non-economic Consequences of Marriage in General	447	(12)
Consortium and ``Heartbalm'' Actions	459	(5)
Spousal Privileges and Immunities	464	(11)
Spouse Abuse; Consequences of Quasi-Marriage	475	(28)
Spouse Abuse	475	(14)
Economic Consequences of Nonmarital Cohabitation	489	(6)
Non-economic Consequences of Nonmarital Cohabitation	495	(8)
Part V Ongoing Parent-Child Relations
Minority Status: Emancipation; Parental Liability and Immunity; Support of Parents and Children; Property Ownership and the UTMA (UGMA)	503	(26)
Minority and Emancipation	503	(8)
Parental Liability	511	(6)
Economic Relations - Support of Children and Parents	517	(7)
Property Ownership - the UTMA / the UGMA	524	(5)
Noneconomic Relations Between Parent and Child: Childrearing in General	529	(26)
Noneconomic Relations Between Parent and Child in General	529	(26)
Noneconomic Relations: Medical Treatment; Discipline	555	(24)
Medical Treatment	555	(16)
Discipline	571	(8)
Quasi-Parental Relations: Grandparents; Stepparents; Foster Families	579	(24)
Quasi-Parental Relations	579	(24)
Overview of the Juvenile Court System: Abuse; Neglect; Dependency; Delinquency; Status Crimes	603	(36)
Overview of the Juvenile Court System: Abuse, Neglect, & Dependency; Delinquency; Status Crimes	603	(28)
Overview of the Juvenile Court System: Delinquency; Status Crimes	631	(8)
Part VI The Termination of Spousal Relations
Divorce Jurisdiction and Procedures	639	(32)
Jurisdiction for Divorce	639	(25)
Divorce Procedures	664	(7)
Grounds; Consequences; Reform Movement	671	(26)
Grounds	671	(14)
Consequences of Divorce	685	(4)
Divorce Reform	689	(8)
Property Division	697	(30)
Basic Property Division Upon Divorce	697	(8)
Complex Property Division Issues	705	(22)
Alimony and Other Income Redistribution Schemes	727	(24)
Alimony	727	(24)
Tax and Bankruptcy Considerations; Interjurisdictional and Comparative Divorce Law	751	(24)
Tax Consequences of Divorce	751	(10)
Bankruptcy Consequences of Divorce	761	(9)
International and Comparative Divorce Law	770	(5)
Separation Agreements; ADR; Professional Responsibilities and Realities in Divorce Practice; Protective Orders	775	(28)
Separation Agreements	775	(9)
ADR	784	(8)
Professional Responsibilities and Realities in Divorce Practice	792	(7)
Protective Orders	799	(4)
Termination of Quasi-Spousal Relations and Palimony	803	(26)
Termination of Quasi-Spousal Relations and Palimony	803	(26)
Part VII Termination and Post-Dissolution Parents - Child Relations
Custody and Visitation Jurisdiction and Procedure; International Custody Jurisdiction and Procedure	829	(20)
Custody and Visitation Jurisdiction and Procedure	829	(12)
International Custody Jurisdiction	841	(8)
The Consequences of Divorce for Children; Historical Child Custody Standards	849	(14)
Consequences of Divorce for Children	849	(9)
Historical Child Custody Standards	858	(5)
Contemporary Child Custody and Visitation Standards	863	(36)
Contemporary Custody Standards	863	(29)
Visitation Standards	892	(7)
Custody and Visitation Modification and Enforcement	899	(18)
Custody and Visitation Modification	899	(10)
Custody and Visitation Enforcement	909	(8)
Child Support: Jurisdiction; Procedures; Guidelines; Factors	917	(26)
Jurisdiction and Procedures	917	(7)
Child Support Guidelines and Factors	924	(19)
Child Support: Modification; Enforcement; Tax Considerations	943	(20)
Child Support Modification	943	(7)
Child Support Enforcement	950	(13)
Tax Considerations	963