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Author: Yehezkel Margalit
Publisher: Cambridge University Press
ISBN: 1108422721
Category : Law
Languages : en
Pages : 335
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Book Description
Offering intentional parenthood as the most appropriate, flexible and just normative doctrine for resolving the various dilemmas that have surfaced in the modern era.
Author: Yehezkel Margalit
Publisher: Cambridge University Press
ISBN: 1108422721
Category : Law
Languages : en
Pages : 335
Get Book Here
Book Description
Offering intentional parenthood as the most appropriate, flexible and just normative doctrine for resolving the various dilemmas that have surfaced in the modern era.
Author: Yehezkel Margalit
Publisher: Cambridge University Press
ISBN: 1108529984
Category : Law
Languages : en
Pages : 335
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Book Description
The last few decades have witnessed dramatic changes affecting the institutions of family and parenthood. If, in the past, the classic family was defined sociologically as a pair of heterosexual parents living together under one roof along with their children, different sociological changes have led to a rapid and extreme transformation in the definitions of family, marital relations, parenthood, and the relationship between parents and children. Dr Yehezkel Margalit explores whether and to what extent there is room, legally and ethically, for the use of modern contractual devices and doctrines to privately regulate the establishment of legal parentage. This book offers intentional parenthood as the most appropriate and flexible normative doctrine for resolving the dilemmas which have surfaced in the field of determining legal parentage. By using the certainty of contract law, determining the legal status of parenthood will be seen as the best method to sort out ambiguities and assure both parental and children rights.
Author: Leslie J. Harris
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
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.
Author: Laurene T. McKillop
Publisher:
ISBN:
Category : Paternity
Languages : en
Pages : 64
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Book Description
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Subhash Chandra Singh
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Traditionally, the law recognizes the birth mother and her husband as the legal parents. A child, a married woman gives birth to, is presumed to be a child from her marriage. However, due to advances in Assisted Reproductive Technologies (ART), an automatic presumption in favor of the birth parents is no longer appropriate. It can be shown that 'intent to parent' is the emerging legal trend for determining parentage of children born as a result of Artificial Insemination by Donor (AID) or In Vitro Fertilization (IVF) technology. Medical advances in reproductive technologies have made policymakers and legislators reconsider traditional definition of 'mother', 'father' and 'child'. Legislative lags and gaps in laws have apparently led to litigation from people who are performing the role of parents, but who are not legally recognized as such. To accommodate advances in ART, the law must be prepared to keep pace with science and look at intent to parent to determine the legal parentage rather than who gave birth to or is genetically related to the child. This paper critically examines all these issues in depth.
Author: James Gross
Publisher: Sourcebooks, Inc.
ISBN: 1572488026
Category : Family & Relationships
Languages : en
Pages : 306
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Book Description
Millions of fathers are currently fighting for custody of their children. Many wonder if they will ever again be an important part of their children's lives. Fathers' Rights covers every aspect of the custody process, including protecting the parent/child relationship as a break-up occurs, determining when to settle and when to litigate and explanations concerning the court's determination of a fair level of child support. This new edition updates the ever-changing laws in this area and expands into additional topics of importance concerning paternity issues and fathers serving in the armed forces. Numerous court cases are used as examples to illustrate relevant situations. An extensive list of resources including agencies, organizations and websites is included as easy reference for the reader.
Author: June Carbone
Publisher: Oxford University Press
ISBN: 0199916594
Category : Law
Languages : en
Pages : 267
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Book Description
There was a time when the phrase "American family" conjured up a single, specific image: a breadwinner dad, a homemaker mom, and their 2.5 kids living comfortable lives in a middle-class suburb. Today, that image has been shattered, due in part to skyrocketing divorce rates, single parenthood, and increased out-of-wedlock births. But whether it is conservatives bewailing the wages of moral decline and women's liberation, or progressives celebrating the result of women's greater freedom and changing sexual mores, most Americans fail to identify the root factor driving the changes: economic inequality that is remaking the American family along class lines. In Marriage Markets, June Carbone and Naomi Cahn examine how macroeconomic forces are transforming our most intimate and important spheres, and how working class and lower income families have paid the highest price. Just like health, education, and seemingly every other advantage in life, a stable two-parent home has become a luxury that only the well-off can afford. The best educated and most prosperous have the most stable families, while working class families have seen the greatest increase in relationship instability. Why is this so? The book provides the answer: greater economic inequality has profoundly changed marriage markets, the way men and women match up when they search for a life partner. It has produced a larger group of high-income men than women; written off the men at the bottom because of chronic unemployment, incarceration, and substance abuse; and left a larger group of women with a smaller group of comparable men in the middle. The failure to see marriage as a market affected by supply and demand has obscured any meaningful analysis of the way that societal changes influence culture. Only policies that redress the balance between men and women through greater access to education, stable employment, and opportunities for social mobility can produce a culture that encourages commitment and investment in family life. A rigorous and enlightening account of why American families have changed so much in recent decades, Marriage Markets cuts through the ideological and moralistic rhetoric that drives our current debate. It offers critically needed solutions for a problem that will haunt America for generations to come.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 24
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Book Description
Author: Molly B. Kenny
Publisher:
ISBN: 9781595717177
Category : Divorce
Languages : en
Pages : 0
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Book Description
"The Savvy Woman s Guide to Divorce in Washington can help anyone anywhere understand the basic truths about divorce that will keep you from making common but often tragic and costly mistakes. How do I get my spouse out of the house? How much child support will I have to pay or how much will I receive? What financial records should I collect? What about the children? Molly B. Kenny, Esq. has written a definitive guide that will get you to a clear, concise, and enforceable divorce that will help you get on with your life."--Amazon.com viewed August 10, 2020
