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Principles of U.S. Family Law Vivian E
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2006 Principles of U.S. Family Law Vivian E. Hamilton William & Mary Law School, [email protected] Repository Citation Hamilton, Vivian E., "Principles of U.S. Family Law" (2006). Faculty Publications. 184. https://scholarship.law.wm.edu/facpubs/184 Copyright c 2006 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs ARTICLE PRINCIPLES OF U.S. FAMILY LAW Vivian Hamilton* What explains US. family law? What are the orzgms of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis ofthe legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes US. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it demonstrates that these rules reflect or embody four important concepts conjugality, privacy (familial as well as individual), contract, and parens patriae. Third, it shows that the concepts offamily law in turn embody two distinct underlying principles-Biblical traditionalism and liberal individualism. From these powerful principles, we can derive modern U.S. family law: They explain what our family law is. With this deepened understanding offamily law's structure, the Article next evaluates these principles, and family law as the expression ofthem. -
Understanding Marriage and Families Across Time and Place M01 ESHL8740 12 SE C01.QXD 9/14/09 5:28 PM Page 3
M01_ESHL8740_12_SE_C01.QXD 9/14/09 5:28 PM Page 2 part I Understanding Marriage and Families across Time and Place M01_ESHL8740_12_SE_C01.QXD 9/14/09 5:28 PM Page 3 chapter 1 Defining the Family Institutional and Disciplinary Concerns Case Example What Is a Family? Is There a Universal Standard? What Do Contemporary Families Look Like? Ross and Janet have been married more than forty-seven years. They have two chil- dren, a daughter-in-law and a son-in-law, and four grandsons. Few would dispute the notion that all these members are part of a common kinship group because all are related by birth or marriage. The three couples involved each got engaged, made a public announcement of their wedding plans, got married in a religious ceremony, and moved to separate residences, and each female accepted her husband’s last name. Few would question that each of these groups of couples with their children constitutes a family, although a question remains as to whether they are a single family unit or multiple family units. More difficult to classify are the families of Vernon and Jeanne and their chil- dren. Married for more than twenty years, Vernon and Jeanne had four children whom have had vastly different family experiences. Their oldest son, John, moved into a new addition to his parents’ house when he was married and continues to live there with his wife and three children. Are John, his wife, and his children a separate family unit, or are they part of Vernon and Jeanne’s family unit? The second child, Sonia, pursued a career in marketing and never married. -
Children and Stepfamilies: a Snapshot
Children and Stepfamilies: A Snapshot by Chandler Arnold November, 1998 A Substantial Percentage of Children live in Stepfamilies. · More than half the Americans alive today have been, are now, or eventually will be in one or more stepfamily situations during their lives. One third of all children alive today are expected to become stepchildren before they reach the age of 18. One out of every three Americans is currently a stepparent, stepchild, or stepsibling or some other member of a stepfamily. · Between 1980 and 1990 the number of stepfamilies increased 36%, to 5.3 million. · By the year 2000 more Americans will be living in stepfamilies than in nuclear families. · African-American children are most likely to live in stepfamilies. 32.3% of black children under 18 residing in married-couple families do so with a stepparent, compared with 16.1% of Hispanic origin children and 14.6% of white children. Stepfamily Situations in America Of the custodial parents who have chosen to remarry we know the following: · 86% of stepfamilies are composed of biological mother and stepfather. · The dramatic upsurge of people living in stepfamilies is largely do to America’s increasing divorce rate, which has grown by 70%. As two-thirds of the divorced and widowed choose to remarry the number of stepfamilies is growing proportionately. The other major factor influencing the number of people living in stepfamilies is the fact that a substantial number of children entering stepfamilies are born out of wedlock. A third of children entering stepfamilies do so after birth to an unmarried mother, a situation that is four times more common in black stepfamilies than white stepfamilies.1 Finally, the mode of entry into stepfamilies also varies drastically with the age of children: while a majority of preschoolers entering stepfamilies do so after nonmarital birth, the least frequent mode of entry for these young children (16%) fits the traditional conception of a stepfamily as formed 1 This calculation includes children born to cohabiting (but unmarried) parents. -
The Steps to Adoption We Hope This Information Will Make Your Experience a Little Easier
HOW LONG DOES ADOPTING TAKE? Adopting a child always requires a waiting period of some “Thank you for asking duration. When home studies are presented, the custodial agency for the child must assess the strengths of all the about adoption!” interested families and decide which family can best meet the needs of a specific child. The time frame is not predictable and it can be frustrating for families who are ready and prepared to adopt. A prospective parent who has abilities/strengths to meet the needs for a waiting child with special needs may wait 9 months or more. If you have more questions WHAT KIND OF CHILDREN ARE WAITING? or need additional information: Most of the children who wait are: Please call: • Age six years old or older and have been in foster 1-800-DO-ADOPT care for eighteen (18) months or longer; OR • Have a close relationship with brothers or sisters your local department of social services and are placed with their sibling(s); www.dss.virginia.gov/localagency • Are a minority, based on racial, multi-racial, or ethnic heritage; • Have physical, mental, or emotional condition; or • Have a hereditary tendency, congenital problem, or birth injury leading to substantial risk of future disability. HOW MUCH DOES IT COST TO ADOPT? There is no charge when you adopt a special needs child in the custody of a local department of social services. FINANCIAL ASSISTANCE AVAILABLE? Adoption assistance, also called subsidized adoption is a means of providing a money payment and/or services to adoptive parent(s) on behalf of a child with special Facebook: Virginia Adopts needs. -
Marriage and the Family in the United States: Resources for Society a Review of Research on the Benefits Generated from Families Rooted in Marriage
Marriage and the Family in the United States: Resources for Society A review of research on the benefits generated from families rooted in marriage. 2012 Prepared by Theresa Notare, PhD Assistant Director, Natural Family Planning Program and H. Richard McCord, EdD Former Executive Director Secretariat of Laity, Marriage, Family Life and Youth, United States Conference of Catholic Bishops Washington, DC United States of America Marriage and the Family in the United States: Resources for Society A review of research on the benefits generated from families rooted in marriage. Contents Introduction .………………………..…………………………...… p. 1 Psychological Development and Emotional Well-Being .………… p. 3 Physical Health of Family Members ………….…………………. p. 11 Economic Benefits ......……………………….………………….. p. 16 Conclusion—Marriage is a Good for Society .….……………….. p. 23 The Family in the United States: A Resource for Society Review of the Research Introduction The family generates important social virtues and many benefits for individuals and society. The following is a review of the research that shows the married family’s positive influence on individual and societal well-being. Also briefly discussed are some of the negative outcomes generated by non-married families. Research on marriage and the family in the United States demonstrates that many individual and social benefits are rooted in the permanent union of one man with one woman.1 Studies consistently show what Catholic Church teaching has always affirmed, namely, that The well-being of the individual -
Couples Considering a Blended Family1 Kate Fogarty, Millie Ferrer, and Sara Mccrea2
FCS2148 Couples Considering a Blended Family1 Kate Fogarty, Millie Ferrer, and Sara McCrea2 A Life-Changing Step! family arrangement. Having realistic expectations makes the difference. Making sure all stepfamily members know Congratulations, you have decided to embark on a life one another well is crucial before you remarry. change and challenge—blending families! Family therapists find that forming a healthy stepfamily is a challenging task. This process can take anywhere from four to seven years of adjustment. Trying to merge two families too quickly may lead to disappointment as some family members may resist bonding. Work on the couple relationship as the first step to forming a healthy blended family. It is important to spend quality “alone” time together and nurture one another through positive communication. This is especially important because the relationships you and/or your spouse have with your biological children started way before (and may be stronger than) your couple relationship. Every relationship requires work and no two relationships are alike. Part of that work involves dealing with loss, pain, and bitterness from a previous relationship so that it does You have likely learned through experience that building a not undermine your current relationship. In fact, rejection, good relationship does not happen instantly. It takes time, loss, and guilt from past relationships can emerge in ways effort, commitment, and lots of patience. As a new couple that neither partner expects or understands. It is unhealthy with children from a previous relationship, you face special for couples to ignore differences and past issues that need challenges. You need to work on building a solid and to be resolved. -
(2020 Revision) Part One – Florida Healthy Marriage
Family Law Handbook1 Created by the Family Law Section of the Florida Bar (2020 Revision) Part One – Florida Healthy Marriage Information (The Family Law Section thanks the Florida Legislature, and especially Representative Clay Yarborough and Senator Dennis Baxley, for their authorship of this Part One) Introduction Congratulations on your decision to marry! This information is intended to help marriage license applicants have successful marriages. It includes topics such as learning to communicate effectively, building the team, solving problems collaboratively, and resolving conflicts. The information also provides general guidance on economic issues, raising a family, and the consequences that occur when marriages fail. Building a Marriage As you and your spouse begin your journey together, the first thing you will need to know is where you are going. Your shared destination is determined by your personal and shared values. By understanding your mutual values, you are on the same road, going the same direction, using the same mode of transportation. The marriage journey will require lots of decisions from both of you. Through mutual respect, trust, honesty, and love, you will have a rewarding trip. Understanding Your Values Your values are the foundation for all of your thinking and decision-making. Every decision you make is an effort to align your actions to your values. When you marry, you will be sharing your life with another person. It is so important that you know your own values and the values of your intended spouse. Your values and beliefs need to be compatible. Think about the values you consider sacred in your life and share this information with your partner. -
Kinship Care Resource Kit Cash Assistance
Table of Contents Cash Assistance . 2 Child Care and Early Education . 5 Child Support . 10 Child Welfare and Kinship Foster Care. 13 Children with Physical and Mental Disabilities . 17 Domestic Violence . 22 Education . 24 Food and Nutrition . 26 Health Care . 28 HIV/AIDS . 30 Housing . 34 Incarcerated Parents . 39 Juvenile Justice. 42 Legal Options . 44 National Family Caregiver Support Program . 47 Senior Resources . 49 Substance Abuse . 51 Children’s Defense Fund • Kinship Care Resource Kit Cash Assistance any grandparents and other relative care- their own homes or in the homes of relatives.” As a givers already are living on limited incomes. result, all states have cash assistance programs to help MThe added expense of raising a child may children and their families. Each state has a different make it even more difficult to make ends meet. name for its TANF program, such as Colorado Works Your community or faith-based organization can or Arkansas’ Transitional Employment Assistance help by letting kinship caregivers know that they can (TEA) program. Each state also offers a different apply to their state for cash benefits on behalf of the monthly payment. For a list of the names of the children under their care. While the amount of the TANF programs in each state, log on to www.acf.hhs. monthly benefit varies by state, the extra income gov//programs/ofa/tnfnames.htm, or call 1-800- may be just what the caregiver needs to take the best 333-4636. You can also link directly to your state’s possible care of his or her child. -
Family, Patient in the Context of Family. Family - Centered Services
Family, patient in the context of family. Family - centered services Dr Ivan Puiu, Associate professor STATE MEDICAL AND PHARMACEUTICAL UNIVERSITY NICOLAE TESTEMITANU DEPARTMENT OF FAMILY MEDICINE 2015 Subjects of discussion • Family, summary, definitions • Evolution of family – historical perspectives • Variety of families • Types of family and family style intercommunication • Family′ s functions • Family life cycle theory, stages of family life • Marriage, present time. Divorce, consequences. • Beyond the ”family life cycle” approach • Family and disease, disease and family, interaction, steps of coping with stress • Team work and family, multi-, inter-, transdisciplinary models. The collective empowering model. • Family-oriented, family-centered services. Family, summary • The institutional concept of the family is central to all societies to their biological and social reproduction • As the fundamental tool for the socialization and education of children, stable familial structures contribute to the stability of the wider society of which they are part. • One of the most important functions of family medicine is a family assistance. • Anyone is born, grow, live, gets sick, heal or dies in family, his health is greatly influenced by family factors. While the idea of the nuclear family remain pervasive (universal), important sociological changes in the late twentieth century have challenged this model (the rights now afforded women, gay couples (in some countries), and single parents, the increasing acceptability of divorce and remarriage, -
The African Family: Hindrance Or a Blessing for Development
AFRICAN FAMILY IN CULTURE & Development Lecture 5 African Family & Related Issues AK Awedoba: July 2016 Content of Lecture • African Family Structures and kinship • Types of family • The African Family: Hindrance or a Blessing for Development • Family Ideology and Business management • Property Devolution & laws of intestate succession, etc. • Other related matters Some Readings on the Family Fortes M.‘The Family: Bane or Blessing?’ Azu, Diana G. The Ga family and Social Change Nukunya G. K. Kinship and Marriage Among the Anlo Ewe Awedoba A. K. Culture & Development Visit Sakai LMS on UG webpage under Quick links Defining the African Family Group of people related through perceived ‘blood’ ties, marriage or by adoption. Members identify with each other and may or may not live together, . May cooperate on regular/irregular basis, . Could share collective interests & sentiments Characteristics The morality of family imposes reciprocity - sharing and caring for one another; - loyalty & commitment to members; The closer the kinship bond, the greater the commitment and the higher the degree of reciprocity is expected to be. In Africa people tend to boast about their family Remarks The family is foundation of society & culture. • Individuals are born into a family, grow up within a family and are socialized to become responsible members of society. Though less significant than in the past, Africans still value their family. – Newspaper obituaries celebrate kinship and family; – Corpses are transported hundreds of miles for burial in family burial grounds; – Attachment to the family accounts for many societal and individual behaviours and attitudes. Perceptions of the African Family Today, we tend to compare African & European notions of family; some see the African family as a bane (hindrance ) to development while for others it is a blessing and asset. -
Mitochondrial Replacement Therapy: Let the Science Decide
Michigan Technology Law Review Article 5 2021 Mitochondrial Replacement Therapy: Let the Science Decide Sabrina K. Glavota University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mtlr Part of the Health Law and Policy Commons, Legislation Commons, and the Science and Technology Law Commons Recommended Citation Sabrina K. Glavota, Mitochondrial Replacement Therapy: Let the Science Decide, 27 MICH. TECH. L. REV. 345 (2021). Available at: https://repository.law.umich.edu/mtlr/vol27/iss2/5 This Note is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Technology Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. MITOCHONDRIAL REPLACEMENT THERAPY: LET THE SCIENCE DECIDE Sabrina K. Glavota* Abstract Mitochondrial replacement therapy (MRT) is an in vitro fertilization technique designed to prevent women who are carriers of mitochondrial diseases from passing on these heritable genetic diseases to their children. It is an innovative assisted reproductive technology that is only legal in a small number of countries. The United States has essentially stagnated all opportunities for research and clinical trials on MRT through a rider in H.R.2029 – Consolidated Appropriations Act, 2016. The rider bans clinical trials on all therapies in which a human embryo is intentionally altered to include a heritable genetic modification. This note argues that the rider should be amended to permit therapies such as MRT, which do not create artificial DNA sequences, while continuing to prohibit clinical trials on germline therapies that modify the sequence of a gene. -
The Transformation of American Family Structure
The Transformation of American Family Structure STEVEN RUGGLES "EXPLODED-'MYTH' OF THE VICTORIAN FAMILY," screamed the two-inch head- line in the tabloid Daily Mail on April 5, 1990. The subheadline read, "People Today Care Far More, Historian Claims." The historian referred to was Richard Wall, one of the foremost scholars of historical family structure, and the occasion for the article was a paper he presented to the British SociologicalAssociation on the history of living arrangements among the elderly. The newspaper quoted Wall: "The image of a golden age in the past when granny sat beside the fire knitting, while helping to look after the children, is a popular myth ... if anything, family ties were less strong in past centuries."' Wall was not the first to explode this particular myth. In fact, his paper falls squarely within a prominent historiographical tradition. For more than thirty years, sociologists and historians have been combating the theory that there was a transition from extended to nuclear family structure. Instead, the revisionists argue, family structure has remained unchanged and overwhelmingly nuclear in northwestern Europe and North America for centuries. Recounting this revision- ist interpretation has become obligatory in writing on historical family structure.2 Funding for data preparation was provided by the National Science Foundation (SES-9118299, 1991-93, and SES-9210903, 1992-95); the National Institute of Child Health and Human Devel- opment (HD 25839, 1989-93); and the Graduate School of the University of Minnesota (1985-93). The research was carried out under a Bush Sabbatical fellowship from the University of Minnesota (1992-93).