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What are family FUnction?
What we thinkgs fcaimly should be doing: care& support / Rely on each other/ Shared values
Why do we care about how we define a family? As a matter of law
- 1. once family legal tie certnaain rights and obligations follow
- 2. Ascribring parental obligation (child support) on a father who has been taking care of a child who isn't his
What is Family Form?
- Shape of what a family looks like. (structure of family)
- 1. Blood ties (consanguiel)
- 2. Marriage & Adoption
- 3.Unipy or people
Advantage When a family?
tax / immigration / property / inheritance / insurance
What are four types of Family Issues?
- 1. Traditional Marriage
- 2. Cohabitating
- 3. Same Sex becoming Parents
- 4. High Conflict
Doctrine of Coverture (unity doctrine)
notion that when married (W&H) merged in husband's name. Wife's legal identity was suspended and required husbands consent fo rmany things.
Comes from Blackstone's incidents of marriage
Blackstone's Incidence of marriage involved
- 1. No contracts b/w H&W
- 2. Doctrine of Necessaries: H must provide for wife (alimony derived from here)
- 3.No Torts; Interspousal Immunity: husband could not be sued for beating wife.
- 4. Moder Correction: H was responsible for wife tort or debt therefore he could discipline her
Married Women Act 1900
Demolished the doctrine of coverture. was initiated to protect women from there drinking gambling husbands.
State and Federal Sources of Family Law
- 1. No national unified set of family law principles.
- 2. Recent US Supreme Court decisions have begun to encroach (abortion, marriage, living arrangements, contraceptives)
- 3. Congress has also begun passing Acts
State Control of Family Law
E.g. Jackson v. Jackson (P obtained a divorce in Vermont while an inhabitant and actual resident of NY and continued domiciled in NY) (“In fraud of the law”)
Since Doctrine of Coverture was in effect wife could not get the alimony enforced because NY had no jurisdiction since W domicile was that of H. And the jurisidiction H was in did not allow divorce for violence only for adultery.
Protection of Marriage; Breach of Promise to Marry
- Wrightman v. Coates:
- Common law made it difficult to divorce
- Once “Promise” of marriage was made, law provided a remedy (“Breach of Promise”)
- 1. Contract law
- 2. “Marriage was a property transaction” (intended to protect innocent women)
- Damages: If husband breached, women humiliated, stigmatized b/c possible loss of virginity, and difficult to find other husband
- 3. Traditional courts allowed recovery for anguish, humiliation, injury to health and psyche, expenditures in prep for marriage, and punitive by several courts
- 4. “Heartbalm action” -- broken heart
- 5. Father of daughter could receive damages for seduction
- 6. Public policy -- Deter
the Basis of State Power to Regulate Marriage and Divorce
1. just and reasonable regulations for marriage and divorce is imperative for the sake of morality and decency as matters of public concern and for the safety of those more immediately affected (State v. Snyder)
2. Government are attentive to preserve and safeguard the sanctity of marriage
3. Knowledge or ignorance of parties of intended legislation does not affect is validity, if within the competency of the legislature (Maynard v. Hill)
4. Divorce ends all rights not previously vested (Maynard v. Hill)
McGuire v. McGuire 1953 Nebraska
CL Doctrine of Family Privacy
- - courts will not intervene with ongoing marriages. Prevents the enforcement fo the doctrine of necessaries while parties are still living together.
- Different from the Con Law Privacy.
State V. Snider
Bann of remarriage focused on the faulting party. Law penalized D, by no remarriage for 5 yr sentence.
were colonial times. ex Maynard v Hill: children denied inheritance of estate because father and mother had been legislatively divorced.
Eccestiastical type of divorce
Divorce from bed and board; could not divorce could only give legal separation.