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Family Law in America 1st Edition by Sanford Katz 9780199795369 0199795363

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Family Law in America Sanford N. Katz Digital Instant Download

Author(s): Sanford N. Katz
ISBN(s): 9780199795369, 0199795363
Edition: Reprint
File Details: PDF, 1.04 MB
Year: 2011
Language: english
SKU: EB-2395094 Category: Tag:

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ISBN 10: 0199795363

ISBN 13: 9780199795369

Author: Sanford N. Katz

For many years family law was viewed as a study of the regulation of relationships of husband and wife and parent and child. Both relationships were clearly defined. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. By the close of the twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were either being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed.

In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes. It demonstrates how the definition of marriage as a partnership in which the individual spouse’s rights are recognized has resulted in protection of the vulnerable spouse and examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how additional models are being developed to take into account new family forms.

Table of contents:

  1. Introduction to the Paperback Edition

  2. Introduction

  3. Contract Cohabitation

  4. Registered Domestic Partnership

  5. Common Law Marriage and De Facto Marriage

  6. Procedural Marriage and Other Informal Marriages for Limited Purposes

  7. Putative Marriage and Marriage by Estoppel

  8. Prenuptial Agreements

  9. The State’s Role in Establishing the Marriage Relationship

  10. Freedom to Marry as a Fundamental Human Right

  11. The State’s Efforts to Limit Marriage

  12. Annulment

  13. Age

  14. Prisoner’s Marriage

  15. Mental Competence

  16. Incestuous Marriage

  17. Sex

  18. Number (Bigamy)

  19. Maintaining the Marriage Relationship: From Inequality to Equality in Marriage

  20. Property Ownership and Control

  21. Interspousal Immunity

  22. Personal Safety

  23. Privacy, Equality, and Autonomy: Sexual Intimacy in Marriage

  24. Sexual Intimacy Outside of Marriage

  25. Individual Rights and Equality in Marriage

  26. Fault

  27. Residency

  28. No-Fault Divorce

  29. Distribution of Economic Resources

  30. Property Distribution

  31. Alimony

  32. Child Support

  33. Judicial Discretion and Codification

  34. The Primary Caretaker Preference

  35. The Best Interests of the Child

  36. The Lawyer for the Child and the Guardian ad Litem

  37. A Child-Focused Inquiry

  38. Joint or Shared Custody

  39. Continuity of a Relationship with Both Parents: Relocation

  40. Unilateral Removal of the Child from the Jurisdiction

  41. Continuity of a Relationship with Others

  42. Summary Dissolution

  43. Summary Process and Divorce by Registration

  44. Mediation

  45. The Future of Divorce

  46. The Concept of Punishment

  47. The Definition of Child Abuse

  48. The Role of the Federal Government

  49. Model Mandatory Child Abuse Reporting Statute

  50. Other Model Acts

  51. Child Abuse Prevention and Treatment Act of 1974

  52. The Adoption Assistance and Child Welfare Act of 1980

  53. Adoption and Safe Families Act of 1997

  54. Child Protection Process

  55. DeShaney v. Winnebago County Department of Social Services

  56. Following DeShaney

  57. The Role of Personal Autonomy

  58. Independent and Agency Adoptions

  59. Surrogacy

  60. Open Adoption: Visitation Rights for Birth Parents

  61. Open Adoption: Access to Adoption Records

  62. Placement

  63. Step-parent and Second Parent Adoptions

  64. The Role of the Federal Government and the Absence of Personal Autonomy

  65. Placement (lặp lại)

  66. Open Adoption (lặp lại)

  67. The Future of Adoption

  68. Appendix

  69. Uniform Marriage and Divorce Act

  70. Uniform Pre-Marital Agreement Act

  71. Uniform Parentage Act

  72. Uniform Putative and Unknown Fathers Act

  73. Uniform Child Custody Jurisdiction Act

  74. Uniform Child Custody Jurisdiction and Enforcement Act

  75. Parental Kidnapping Prevention Act

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Tags: Sanford Katz, Family, Law, America