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Family law is an interdisciplinary area, and the materials in this newest edition of Family Law: Cases, Text, Problems reflect the numerous components, influences and issues under the family law umbrella. This book is policy-oriented, with non-legal social science featured in the extensive note materials to provide a rich and varied learning experience and a practice resource tool. Notes do more than call attention to difficult questions of legal doctrine and policy; they illuminate them.

The authors use a problem approach throughout, in addition to comprehensive case law sources. Problems provide an ideal mechanism for students to acquire the ability to apply legal rules to concrete fact patterns. The Revised Fifth Edition features:
• More concise treatment of property and alimony
• Expanded coverage of same-sex couples, including Lawrence v. Texas and several recent state court decisions
• Substantially updated treatment of premarital agreements, featuring both the latest decisions construing the Uniform Premarital Agreement Act, including the California Supreme Court’s decision in the Barry Bonds case, and coverage of the alternative approach favored by the American Law Institute.

A Teacher’s Manual is available to professors. Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Authors / Contributors

Table of Contents

Preface

Acknowledgments

Summary Table of Contents


PART I INTRODUCTION



CHAPTER 1 INTRODUCTION

A. The Themes of Family and Family Law

B. The "Family" as a Regulatory Classification

C. Family, Work, and Gender

PART II MARRIAGE AND DIVORCE



CHAPTER 2 MARRIAGE

A. Entering Marriage

B. Law of the Intact Marriage

C. Consequences of Marital Status



CHAPTER 3 DISSOLVING THE MARITAL STATUS

A. The Origins and History of American Divorce Law

B. The Modern Law in Action

C. Reprise: Re-Evaluating No-Fault, Fault, and the Law's Role in Promoting Marital Stability



CHAPTER 4 PROPERTY DIVISION AND ALIMONY UPON DIVORCE

A. Property Division: General Principles

B. Property Division: Problems in Classifying Property as Marital or Separate

C. Should Earning Capacity, Professional Credentials, or Good Will be Treated as Marital Property?

D. Alimony

E. Rescission After the Short-Term Marriage

F. Modification of Awards: Some Special Problems

G. Should Courts Consider Claims of Marital Misconduct?



CHAPTER 5 CHILD SUPPORT

A. Duty of Support

B. Establishing the Amount of Support: From Discretion to Guidelines to a Support Order

C. Enforcement of Support Orders

D. Interstate Support Litigation



CHAPTER 6 CHILD CUSTODY

A. Introduction

B. The Best Interest of the Child Standard

C. Alternative Custody Decision Rules

D. Rights of the Noncustodial Parent

E. Modification of Custody

F. Parent Non-Parent Disputes

G. The Role of the Attorney in Custody Cases



CHAPTER 7 DIVORCE JURISDICTION

A. Termination of Marital Status

B. Jurisdiction to Issue Support Orders and Divide Property

C. Jurisdiction to Adjudicate Custody Disputes



CHAPTER 8 FIXING THE CONSEQUENCES OF DIVORCE BY AGREEMENT OF THE PARTIES

A. Premarital Agreements

B. Separation Agreements

PART III NONTRADITIONAL FAMILIES



CHAPTER 9 NONTRADITIONAL FAMILIES

A. Constitutional Protection of Nontraditional Families

B. Nonmarital Cohabitation

C. Unmarried Parents and Their Children

PART IV PARENT AND CHILD



CHAPTER 10 STATE REGULATION OF THE PARENT-CHILD RELATIONSHIP

A. The Nature of the Relationship

B. Overriding Parental Authority in Order to Protect Endangered Children



CHAPTER 11 ADOPTION

A. Consent to Adoption

B. The Role of the Adoption Agency

C. Regulation of Independent Adoptions

D. The Legal Effect of Adoption

E. Adoption Alternatives: Gestational Mothers and the New Biology

Table of Cases

Index