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Family Law in America (2nd edn)

Online ISBN:
9780199364800
Print ISBN:
9780199759224
Publisher:
Oxford University Press
Book

Family Law in America (2nd edn)

Sanford N. Katz
Sanford N. Katz

Darald and Juliet Libby Professor of Law

Boston College Law School
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Published online:
23 October 2014
Published in print:
10 October 2014
Online ISBN:
9780199364800
Print ISBN:
9780199759224
Publisher:
Oxford University Press

Abstract

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 were being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed. This book examines family law in America and the tension between individual autonomy and governmental regulation. The book analyzes the definitions of formal marriage and informal marriage, the extent to which relationships established before marriage are regulated, and how marriage is being redefined to take into account equality of the sexes. Also examined are divorce procedures, alimony, assignment of property upon divorce, determining what is marital property and what is separate property, child custody, and how additional models are being developed to take into account new family forms. This second edition captures recent developments affecting family law in America, including same-sex marriage and features new insights into adoption, assisted reproduction technologies, and sexual abuse of children by clergy.

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