The Basis For Legal Parentage And The Clash Between Custody And Child Support PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Basis For Legal Parentage And The Clash Between Custody And Child Support PDF full book. Access full book title The Basis For Legal Parentage And The Clash Between Custody And Child Support.

The Basis for Legal Parentage and the Clash Between Custody and Child Support

The Basis for Legal Parentage and the Clash Between Custody and Child Support
Author: Leslie J. Harris
Publisher:
Total Pages: 0
Release: 2009
Genre:
ISBN:

Download The Basis for Legal Parentage and the Clash Between Custody and Child Support Book in PDF, ePub and Kindle

In the United States today, we have two legal bases for parentage, biology and function. Biological parenthood is usually controlling when the issue is liability for child support, and functioning as a parent is considered, if at all, only when the primary issue is custody or access to a child. These two strands of parentage law derive from what Jacobus tenBroek called the dual system of family law. While the divided law that ten Broek describes is centuries old, until fairly recently, the two strands ran in parallel and did not have much impact on each other. However, in the last several decades they have evolved and, as a result, are today on a collision course when the identity of a child's legal parents must be determined. Child support law has come to be predominantly welfare-driven; in tenBroek's terminology, it has taken on characteristics of "public law," regardless of whether it applies to the poor or to the upper classes.The law that governs private disputes over custody, visitation and the like continues to have the characteristics of "private law." The difference in these approaches is especially apparent in the law of parentage. If child support is the ultimate question, parentage will likely be determined according to biology, the principle favored by the "public law approach." If custody or access is the main issue, private law principles, which tend to respect functional parenthood, are more likely to be invoked. And yet, once legal parentage is determined, it applies to determine the rights and duties of the involved adults vis-a-vis the child, regardless of context. The article argues that as biology-based parentage becomes more pervasive, it threatens to displace rules based on functional parent-child relationships, which would be harmful to many children and their families. To avoid this result, I argue that we need a substantive law of parentage that recognizes the importance of biology while preserving a realm in which functional relationships are protected. To make this law politically viable, we also should reject some child support rules and practices that treat men unfairly and, in so doing, suggest that biology is the only thing that matters for determining legal parentage.


Dividing the Child

Dividing the Child
Author: Eleanor E. Maccoby
Publisher: Harvard University Press
Total Pages: 392
Release: 1992
Genre: Family & Relationships
ISBN: 9780674212947

Download Dividing the Child Book in PDF, ePub and Kindle

Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this landmark work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin consider these questions and their ramifications for society. The first book to examine the social and legal realities of how divorcing parents make arrangements for their children, Dividing the Child is based on a large, representative study of families from a wide range of socioeconomic levels. Maccoby and Mnookin followed a group of more than one thousand families for three years after the parents filed for divorce. Their findings show how different divorce agreements are reached, from uncontested dealings to formal judicial rulings, and how various custody arrangements fare as time passes and family circumstances change. Numerous examples of joint custody and father custody are considered in this account, along with the mother-custody families more commonly studied; and in most cases the point of view of both parents is presented. Among families in which children spend time in both parental households, the authors identify three different patterns of co-parenting: cooperative, conflicted, and disengaged. They find that although divorcing parents seldom engage in formal legal disputes, they are generally unable to cooperate effectively in raising their children. Full of interesting findings with far-reaching implications, this book will be invaluable to the lawyers, judges, social workers, and parents who, more and more often, must make wise and informed decisions concerning the welfare and care of children of divorce.


Child Custody Made Simple

Child Custody Made Simple
Author: Webster Watnik
Publisher:
Total Pages: 584
Release: 2003
Genre: Family & Relationships
ISBN: 0964940434

Download Child Custody Made Simple Book in PDF, ePub and Kindle

Discusses a variety of issues concerning child custody, including court structures, living arrangements, recommendations on avoiding court battles, and advice on working with lawyers.


Fundamentals of Family Law

Fundamentals of Family Law
Author: J. Shoshanna Ehrlich
Publisher: Aspen Publishing
Total Pages: 680
Release: 2019-09-13
Genre: Law
ISBN: 1543815987

Download Fundamentals of Family Law Book in PDF, ePub and Kindle

J. Shoshanna Ehrlich’s Fundamentals of Family Law, Second Edition is a concise version of Ehrlich’s Family Law for Paralegals, developed for use in shorter paralegal courses. The Fundamentals version provides students with the knowledge and skills they will need to be effective paralegals in a busy family law practice. Without sacrificing intellectual integrity and depth of topical coverage, the text is streamlined in order to emphasize the material that is essential for the transition from classroom to office. New to the Second Edition: Marriage (Ch. 1) includes new sections on: The retroactive application of Obergefell v. Hodges to backdate marriages of same-sex couple to when they would have married had it been allowed The debate over whether merchants can refuse to provide wedding-related services and goods to same-sex couples based on religious objections Whether the marriage consent age should be raised to protect minors from being forced into marriage against their will. Domestic Violence (Ch. 3) now covers: The use of electronic monitoring in domestic violence cases The possibility of allowing minors who are being forced into marriage to obtain civil orders of protection. Children coverage expanded to include: In Chapter 5, new sections on the appointment of attorneys to represent children in contested custody disputes and considerations of parental disability in best interest determinations In Chapter 11, new section on same-sex couples and the establishment of legal parenthood In Chapter 12, consideration of the emergence of medical child abuse and forced marriage as new categories of harm; expanded definitions of abuse and neglect, including medical child abuse and forced child marriage; and new section on “legal orphans” and the reinstatement of parental rights. Economic Issues updated with: New section in Chapter 6 on the due process rights of low-income parents in civil contempt cases for non-payment of child support. Chapter 7 expanded to include the backlash against “permanent” spousal support awards and the tax treatment of spousal support payments. Coverage of virtual assets in Chapter 8 Professors and students will benefit from: The full range of family law topics in a more concise format—including marriage and divorce, non-marital families, child abuse and neglect, and same sex marriage Practice-based assignments, real-life examples and sample forms Clear pedagogy--including chapter summaries, key terms defined in the margins, and review and discussion questions--helps students better understand the material and develop their critical thinking and writing skills. Up-to-date coverage of all the key topics in family law, with a consistent focus on the work of the paralegal


Child Support Guidelines

Child Support Guidelines
Author: Laura W. Morgan
Publisher: Wolters Kluwer
Total Pages: 1082
Release: 2011-09-28
Genre: Law
ISBN: 1454801131

Download Child Support Guidelines Book in PDF, ePub and Kindle

Child Support Guidelines, Second Edition is the only comprehensive guidebook for determining child support awards that takes practitioners step-by-step through the interpretation and application of the guidelines and their worksheets in both the normal and exceptional child support case. This unique publication thoroughly covers each state's version of one of the three basic models for determining child support: the percentage of income model, the income shares model, and the Melson formula. Important issues affecting calculations are clearly explained, including: Definition of andquot;incomeandquot; under the guidelines The impact of divided custody, shared custody, split custody, and extended visitation Second household expenses, other dependents, subsequent children, and stepchildren Impact of a private contract on the court's decision to apply the guideline amount Deviation from the guidelines for a high income parent Deviation from the guidelines to pay for medical expenses, private school, and child care expenses Imputed income Modification of prior awards And more.


The Scientific Basis of Child Custody Decisions

The Scientific Basis of Child Custody Decisions
Author: Robert M. Galatzer-Levy
Publisher: John Wiley & Sons
Total Pages: 735
Release: 2009-03-23
Genre: Psychology
ISBN: 0470459336

Download The Scientific Basis of Child Custody Decisions Book in PDF, ePub and Kindle

The legal system requires mental health professionals to provide research summaries to support their evaluations in child custody cases. Contributions from leading developmental researchers, legal professionals, and clinicians describe how scientific evidence is properly used in court. Timely and current, this book helps evaluators access the best information to fulfill their obligations to their clients and the court. The Second Edition adds chapters on family observation, parental alienation, and sexual abuse. Forensic psychologists, family lawyers, and judges will be equipped with the most current information to aid in custody decisions.


Civil War

Civil War
Author: Joseph E. Cordell
Publisher: IFP Enterprises, LLC
Total Pages: 260
Release: 2005
Genre: Custody of children
ISBN: 9780967949918

Download Civil War Book in PDF, ePub and Kindle


Family Law for Paralegals

Family Law for Paralegals
Author: J. Shoshanna Ehrlich
Publisher: Aspen Publishing
Total Pages: 881
Release: 2019-09-13
Genre: Law
ISBN: 1543815952

Download Family Law for Paralegals Book in PDF, ePub and Kindle

The Eighth Edition of Family Law for Paralegals continues to provide complete coverage of traditional family law topics with historical context and dynamic cutting-edge issues—such as non-marital families, child abuse and neglect, and same-sex marriage. J. Shoshanna Ehrlich’s balanced approach prepares students to handle the work of a paralegal through examples, assignments, and sample forms that mirror legal practice. New to the Eighth Edition: Meticulously updated with new cases and developments in the law throughout the book, including new material on: Marriage (Ch. 1) includes new sections on: The retroactive application of Obergefell v. Hodges to backdate marriages of same-sex couple to when they would have married had it been allowed The debate over whether merchants can refuse to provide wedding-related services and goods to same-sex couples based on religious objections Whether the marriage consent age should be raised to protect minors from being forced into marriage against their will. Domestic Violence (Ch. 3) now covers: The use of electronic monitoring in domestic violence cases The possibility of allowing minors who are being forced into marriage to obtain civil orders of protection. Employer-initiated restraining orders Children coverage expanded to include: In Chapter 5, new sections on the appointment of attorneys to represent children in contested custody disputes and considerations of parental disability in best interest determinations In Chapter 11, new section on same-sex couples and the establishment of legal parenthood In Chapter 12, consideration of the emergence of medical child abuse and forced marriage as new categories of harm; expanded definitions of abuse and neglect, including medical child abuse and forced child marriage; and new section on “legal orphans” and the reinstatement of parental rights. Economic Issues updated with: New section in Chapter 6 on the due process rights of low-income parents in civil contempt cases for non-payment of child support. Chapter 7 expanded to include the backlash against “permanent” spousal support awards and the tax treatment of spousal support payments. Coverage of virtual assets in Chapter 8 Professors and students will benefit from: Helpful real-life examples and sample forms Clear pedagogy—including summaries, key terms, and review and discussion questions—helps students better understand the material and develop their critical thinking and writing skills. Included cases edited for analysis at the end of each chapter. Classroom-tested, successful text that is authoritative and well-structured. A variety of assignments for practicing lawyering skills, such as research, analysis, memo writing, and argumentation Up-to-date coverage of all the key topics in family law.