Unit V – Family Law Individual & the Law

Law & the American Family Chapter 29

Law From Birth To Death The law is involved every time a birth, death, marriage, or divorce takes place. At birth, children receive a birth certificate and a Social Security Number Children must receive an education and immunizations Parents get tax deductions per child Parent can take sick leave to care for newborns or sick relatives according to the Family Medical Leave Act

Teens must pass two tests to be able to drive legally Males must register for the draft at age 18 Alcohol is forbidden to those under the age of 21 There are laws regarding marriages o Age needing parent consent and not requiring parent consent

Parents must provide o Food o Clothing o Shelter o Medical care Some states require a will be prepared in the event of someone’s death. o A will legally lists what is to be done with the dead person’s money and belongings o If you die without a will, the state has laws regarding who gets what in your family

What is a Family? Family is a tough term to define o Parents & kids o Other relatives o Those sharing a living space o Etc.

Marriage Chapter 30

Getting Married The most common steps involved in legal marriages o Blood tests – not required in all states o Marriage License – required in all states o Waiting period – this helps ensure that people are serious about marriage o Wedding Ceremony

Legal Aspects of Marriage Marriage is a contract between tow people who agree to live together as husband and wife Most states have the following requirements for marriage: o Age (depends on the state – GA 16 & 17 require parental consent; 18 does not) o Relationship – can’t marry kin, close cousins count too o Two people only – no polygamy o Man & Woman – some states have legalized same-sex marriages o Consent – both people have to agree to the marriage (shot gun weddings don’t need consent – jk)

What happens if the legal requirements aren’t met? o An Annulment can be granted if one of the following reasons exists: The couple lied about their age One spouse was already married – bigamy One spouse lied to the other about an important matter – i.e. the desire to have children Lack of consent o Force to marry o Too drunk to know better o Insanity

Common Law Marriage Two people begin living together and presenting themselves as husband and wife publically o No blood test, no license, no wedding ceremony o D.C. and 14 states, including GA recognize common law marriages Depending on the state, there may be a time period required before they are considered to be married by common law o In GA, it used to be 7 years o If a couple are common law married, they must get a legal divorce to end the union

Financial Responsibilities Old School view o Husband supports the wife and kids Today o Both husband and wife are required to support each other What about property? o Whoever owned it before marriage still owns it after the marriage o Purchased together during the marriage means it belongs to both of them o Separate Property system – whoever earned the money to buy it and bought it owns it o Community Property system – what ever is purchased belongs to both no matter who actually earned the money and bought it. o Gifts given to each other are owned by the one who received the gift

Decisions in Marriage Think ahead… o How will the housework be divided? o Who will handle the money? o Are children desired? o How will the children be raised? In what faith? To spank or not to spank? Will they be allowed to believe in fantasies when they are younger, i.e. Santa Clause?

Prenuptial Agreement – what ever is yours before the marriage is still yours if the marriage ends in divorce (to stop gold diggers) Legal rules to know o Name change Women typically take their husband’s last name but they are not LEGALLY required to do so. o Support – they now have to agree to support each other financially o Privileged communications – attorneys and doctors do not HAVE to reveal private matters of one to the other o Inheritance – if one dies, the other typically gets all of it unless the will of the deceased specifies differently

Spouse Abuse Spousal abuse knows no economic, social, ethnic, or religious boundaries. It occurs in all classes of people Abuse can be psychological as well as physical Both men and women can suffer abuse but 95 percent of the abuse recipients are women Police are usually very willing to help, but get frustrated when charges are dropped by the spouse who has been abused

Abusers frequently have addictions that contribute to the abuse Men can now be prosecuted for raping their wives

Legal rights of single people who live together Chapter 31

Palimony Single people living together sometimes develop a cohabitation agreement that outlines how they will deal with o Money o Property o Responsibilities Courts typically do not recognize these agreements because the ‘living together’ arrangement is still viewed as immoral and a contract cannot be based on immorality o Some states will now recognize the cohabitation agreements and order palimony payments

Paternity The Family Support Act of 1988 requires all states to help women and children be able to obtain paternity tests until the child is 18 years old. o DNA testing is accurate and easily performed o The father will be legally required to help support the child until the age of 18

Same-sex Partners Marriage laws are set by each state Full Faith and Credit is ordered by the U.S. Constitution requiring states to honor each others public documents and records i.e. marriage licenses o Several states now allow for legal same-sex marriages causing an uproar from those that do not due to Full Faith and Credit o The U.S. Congress passed the Defense of Marriage Act (DOMA) stating a marriage can only be between a man and a woman. The constitutionality of DOMA is now being pondered by the U.S. Supreme Court