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Family Law in America, 2nd Edition

Family Law in America, 2nd Edition

Author: Sanford N. Katz
Publisher: Oxford University Press USA
ISBN: 9780199759224
Published In: January 2016
Format: Paperback , 344 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Discusses the evolution of same-sex marriage rights and the way these rights affect family law
Considers definitions of formal and informal marriage, analyzing the extent to which relationships established before marriage are regulated
Describes legislative and judicial responses to evolving family forms
Examines fault and no-fault divorce procedures, alimony, assignment of property upon divorce
Defines what is marital property and what is separate property
Combines legal analysis with social science research

For many years family law was viewed as a study of the regulation of clearly defined relationships of husband and wife and parent and child. 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. However, 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, and the legal recognition of same-sex marriage in some jurisdictions. 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. It also 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 new assisted reproductive technologies are having an impact on family formation, particularly adoption, to take into account new family forms. This second edition captures recent developments affecting family law in America, including the transformation of the institution of marriage from being a relationship between a man and a woman to encompassing same-sex marriage. Also, this new edition features timely material with insights into adoption that take into account developments in assisted reproduction technologies and the discussion of sexual abuse of children by clergy.

Readership: Law students and professors interested in an in-depth examination of many aspects of family law to be used as a text in family law courses; lawyers; judges.

Introduction
1. Friendship, Marriage-Like Relationships, and Informal Marriage
2. Marriage
3. Divorce
4. Child Protection
5. Adoption
Appendices
Uniform Marriage and Divorce Act
Uniform Pre-Marital Agreement Act
Uniform Parentage Act
Uniform Putative and Unknown Fathers Act
Uniform Child Custody Jurisdiction Act
Uniform Child Custody Jurisdiction and Enforcement Act
Parental Kidnapping Prevention Act
Bibliography
Index

Professor Sanford N. Katz is the Darald and Juliet Libby Chaired Professor Emeritus and Professor of Law at Boston College Law School. Professor Katz served as Chairman of the Family Law Section of the American Bar Association, President of the International Society of Family Law, and Editor-in-Chief of the Family Law Quarterly. He was a Visiting Fellow at All Souls College, and Pembroke College, Oxford.