Domestic Relations: Cases and Materials

Part of the University Casebook Series®, reflects a changing society's legal needs. It discusses a number of provisions from the California Family Code and new statutes. The book's notes include San Francisco's domestic partnership agreement and Hawaii's current approach(es) to same-sex marriage. Other topics and cases include informal marriage, grandparent visitation rights, international custody disputes, ERISA preemption (Boggs v. Boggs), property settlement agreements, and policy on posthumous use of frozen semen.

Preface

v

Note on Editing

ix

Acknowledgment

ix

Table of Web Sites

xi

Table of Cases

xxxv

Changing Concepts of Marriage and Family

1

(122)

Function Versus Form in ``Family'' Relationships

1

(13)

Making Your Own Deal: Contractual: Arrangements

14

(36)

Marriage: The Religious Heritage

50

(2)

Marriage: The State's Interest

52

(9)

Regulating Marriage and Other Intimate Relationships: Some Constitutional Dimensions

61

(62)

Getting Married

123

(96)

Introduction

123

(1)

Courtship and the Marriage Promise

123

(14)

Marriage Procedures, Formal and Inform

137

(18)

Annulment and its Effects

155

(8)

Determining Legal Eligibility

163

(46)

Was There Valid Agreement to Marry?

209

(10)

Husband and Wife: Changing Roles, Rights and Duties

219

(72)

Two Persons, Not One

219

(3)

Names in the Family

222

(16)

Transactions Between Spouses

238

(4)

Support During Marriage

242

(10)

Testimonial Privilege, Torts and Crimes Between Spouses

252

(35)

Third Party Interference with the Relationship

287

(2)

Medical Care

289

(2)

Matrimonial Breakdown: Grounds and Jurisdiction for Dissolution of Marriage

291

(77)

The Perspective of History

291

(3)

Grounds and Defenses

294

(26)

The Jurisdictional Jumble

320

(37)

Special Problems of Service of Process

357

(8)

Can the Process be Simplified?

365

(3)

Marital Breakdown: Resolving the Financial Concerns

368

(261)

Alimony and Property Distribution: The Basic Frameworks

368

(26)

Temporary Alimony and Separate Maintenance

394

(2)

Permanent Alimony and Maintenance

396

(27)

Dividing Property Upon Divorce

423

(52)

Support for children

475

(45)

The Scope of Antenuptial contracting

520

(27)

Postnuptial Support Contracts and Separation Agreements

547

(26)

Tax Issues and Incidents

573

(6)

Discharge in Bankruptcy

579

(9)

Special Problems of Enforcement

588

(41)

Wellington V. Wellington: Negotiating A Settlement Agreement

629

(1)

Parent and Child: Legal and Biological Relationships

629

(174)

Legitimate and Illegitimate Statuts

629

(21)

Establishing Legal Parentage

650

(42)

Procreative Decision Making: Special Issues of the New and Old Technologies

692

(111)

Raising children: Competing Interests of Parent, Child and State

803

(180)

Introduction

803

(1)

The Interest in Assuring an Education

804

(27)

Children Beyond Parental control

831

(14)

Neglect (Endangerment) and Dependency

845

(13)

Responding to child abuse

858

(49)

Medical Decision Making for and by Children

907

(67)

A Tort Action for Failure to Perform Parental Duties?

974

(5)

Emancipation: ``Divorcing'' Parent and Child?

979

(4)

Vying for Custody

983

(192)

Parent Versus Parent

984

(40)

Parent Versus Third Party

1024

(29)

Parent Versus State

1053

(16)

The Visitation Dilemma

1069

(32)

Contending with the Adversary Process

1101

(7)

Problems of Enforcement

1108

(67)

Parental Rights Termination and Adoption

1175

(162)

Severing Parental Rights Involuntarily

1175

(44)

Adoption

1219

(118)

Index

1337

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Domestic Relations: Cases and Materials

Summary

Table of Contents

Supplemental Materials