NCJ Number
127722
Date Published
1990
Length
1429 pages
Annotation
The number of cases decided by the U.S. Supreme Court demonstrates the ongoing "constitutionalization" of the domestic relations field, and this book of cases illustrates evolving law and some of the problems faced by attorneys and law reformers in handling domestic relations cases.
Abstract
The author notes that, despite many changes, anachronistic provisions remain in domestic relations law. While States have widely changed their laws, for example, to recognize that divorce can be a valid social tool, problems of child custody and visitation have been created by an increase in divorce followed by the formation of new families. Increased understanding of biology and genetics and the array of new reproductive techniques seem to be forcing society to rethink some long-held views about the legal dominance of biological parentage in crafting legal rules. The book examines these shifting notions of marriage and the family, courtship, and getting married, as well as changing roles, rights, and duties of husbands and wives. Consideration is also given to legal and biological relationships between parents and children, decisions about procreation in the context of private beliefs and individual rights, increasing State involvement in childrearing, child custody, involuntary termination of parental rights, abortion, and adoption. Finally, the book discusses matrimonial breakdown in relation to grounds and jurisdiction for divorce and the resolution of economic issues such as alimony, child support, and property settlement. A table of cases and an index are included.