Family Law in Perspective

Law school casebook intended as an introduction to the field of family law, both at the abstract level of theory and at the concrete level of doctrine. It is an introduction as much for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers.

The Framework of Family Law Regulation

1

(6)

What Is Family Law?

1

(1)

A Step Back In Time

1

(2)

Continuing Lack of Uniformity

3

(2)

The Expanding Federal Role

5

(1)

The Ongoing Increase in Private Ordering

6

(1)

Courtship and Premarital Contracting

7

(6)

Breach of a Promise to Marry

7

(1)

Third Party Interference

8

(1)

Gifts in Contemplation of Marriage

9

(1)

Premarital Contracts

9

(4)

Marriage

13

(29)

A Changing Institution?

13

(1)

Limitations on Who Can Marry

14

(9)

Achieving Marital Status

23

(6)

Void or Voidable Marriages

29

(2)

The Husband-Wife Relationship

31

(11)

Contractual Alternatives To Marriage

42

(17)

Looking Backward

42

(1)

The Role of Marvin v. Marvin

43

(2)

Problems of Enforcement

45

(3)

Characterizing Assets

48

(3)

Some Progeny of the Contractual Alternative to Marriage

51

(8)

Dissolving A Marriage

59

(23)

A Historical Perspective

59

(6)

State Divorce Jurisdiction and Full Faith and Credit

65

(5)

Grounds for Divorce or Dissolution

70

(12)

Financial Considerations in Dissolution and Divorce

82

(28)

In Focus

82

(2)

Lessons From History

84

(4)

Current Matrimonial Property Regimes

88

(2)

Alimony or Maintenance Today

90

(5)

Increased Recognition and Use of Contract

95

(2)

Division of Property Under State Schemes

97

(10)

The Importance of Tax Planning

107

(3)

The Parent--Child Relationship

110

(18)

Decisions About Procreation

110

(5)

Legitimacy and Illegitimacy

115

(1)

Legally Establishing Paternity and Maternity

116

(4)

The New Reproductive Technology: Assisted Conception

120

(3)

Surrogate Parentage: Contracting to Bear a Child

123

(4)

Some Conclusions

127

(1)

Rearing Children

128

(23)

Non-Economic Rights and Duties of Parents

128

(8)

Abuse, Endangerment and Neglect

136

(1)

Financial Support

137

(14)

Custody of Children

151

(30)

Four Constructs for Evaluating Custody Determinations

153

(21)

Visitation

174

(4)

Steps Toward Uniformity

178

(3)

Termination of Parental Rights

181

(17)

Constitutional Parameters

181

(6)

Causes and Criteria for Termination

187

(10)

Some Conclusions and Speculation

197

(1)

Adoption

198

(17)

Historical Background

198

(1)

Adoption of Minors

199

(12)

Adoption of Adults

211

(4)

Table of Cases

215

(8)

Index

223

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Family Law in Perspective

Summary

Table of Contents

Supplemental Materials