1. Civil Law: Family Law Unit 5

2. Changes in American Families

3. General Topics in Family Law Adoption Child Abuse Divorce Domestic Violence Elder Law Guardianship & Conservatorship Marriage Power of Attorney

4. What is a family?

5. Marriage Steps for getting married: –Blood test –Marriage license –Waiting period –Wedding ceremony

6. Legal Aspects of Marriage Age Relationship -- Marriage between close relatives is prohibited (incestuous) Two people (bigamy-married to more than one person at a time) A man and a woman (being challenged) What states have marriage/civil unions for same-gender couples? Consent

7. Exceptions to legal marriage Annulment –Age (too young) –Bigamy (one is already married) Reynolds v. United States (polygamy) –Fraud (lying about an important aspect of marriage) –Lack of consent (forced to be married, or incapable of giving consent) –Case, p. 378 Loving v Virginia: Problem 31.2 with a partner; due today!

8. Common-Law Marriage By definition: marriage without a blood test, a license or a ceremony Created when two people agree to be “married”; define themselves in public as husband and wife; live together as if married Legal in 14 states Requires a divorce before another marriage can take place Children in a common-law marriage are legitimate Problem 31.3 p. 380 The Common-Law Marriage: Partner Response

9. Financial Responsibilities New laws recognize marriage as a partnership between equals Financial responsibilities –Most states require both spouses to pay for necessary family items –Necessities—some states still hold a husband legally responsible for providing a wife with food, clothing, shelter, medical care, etc.

10. Property Ownership 1887—property rights given to married women Separate property Joint property Community property—9 states –Spouses divide all property 50-50

11. Decisions in a Marriage Prenuptial agreement Name change –Children’s names Support Privileged communications –Talk about: prob 31.7 p 386 –debrief Inheritance : 1/3 to 1/2 automatically goes to spouse

12. Spouse Abuse Occurs in all cultures, races, religions, economic strata Repetitive act “Domestic” Spousal rape Dating violence What are some barriers for victims getting help? –Minnesota facts OH

13. What to do if spousal abuse occurs Call the police Seek counseling Obtain a protective order Find information about a shelter for abused spouses Move out Obtain a divorce

14. Legal Rights of Single People in Nontraditional Relationships Palimony Cohabitation Agreement Case: Marvin v Marvin—1976 –Michelle “Marvin –Lee Marvin (actor) Paternity suit

15. Parents and Children: Responsibilities between parents and children Parents must provide –Support Food Clothing Shelter Education Medical care –Guidance for moral and social development –Control and supervise children’s behavior

16. Responsibilities (cont.) Emancipation of a child Emancipation –Children/child set free from the legal control and custody of parents –Emancipation happens naturally or by court order

17. Responsibilities (cont.) Family Responsibility Laws –Laws that require adult children to care for elderly parents some states have these, some have abolished these laws almost all states limit the support obligation to what a relative can fairly afford

18. Responsibilities (cont.) Education Education –Truancy –Parents’ responsibility –Post-emancipation responsibilities Case, page 401 32.6

19. Protect and supervise children’s health Parental permission needed to obtain medical care Neglect –P 402 prob 32.7 Responsibilities (cont.) Medical Care

20. Responsibilities (cont.) Care and Supervision Discipline No minimum number of hours to spend with kids Laws governing the age at which a child may be left alone at home Expectations of kids and parents Disobedient kids Runaways Status offenders CHINS, PINS, or MINS

21. Responsibilities (cont.) Parental Responsibility for Children's Acts Parents who fail to exercise proper supervision and control over their children may be held legally responsible for their children’s acts. Contributing to the delinquency of a minor

22. Responsibilities (cont.) Cars All states make parents legally responsible for harm caused by their children “Family car doctrine”

23. Responsibilities (cont.) Earnings and Employment Parents have the legal right to take the earnings of their minor children Parents have NO right to inheritances or lawsuit damages awarded to a minor child –T–These are held in trust until the child reaches the age of majority

24. Responsibility (cont.) Child Abuse and Neglect Child Abuse occurs –When an adult or other care provider inflicts or threatens to inflict intentional physical, emotional, or sexual harm on a child Child Neglect occurs –Failure to properly feed, clothe, shelter, educate, or tend to the medical needs of a child –Do: Prob 32.8, p 404

25. Foster Care and Adoption Foster Parents Adoption Surrogate mother

26. Family Problems: Marriage Problems Marriage counselor –C–Clergy –P–Professional psychologist psychiatrist –F–Family therapist

27. Family Problems: Separation and Divorce Informal separation Legal separation –Separation agreement No Fault Divorce –Irreconcilable differences Divorce –Pro se divorce Grounds for divorce –Adultery –Desertion –Mental Cruelty –Physical Cruelty –Insanity

28. Family Problems: Child Custody Why is custody so important? Joint custody –Both parents have full responsibility for the child’s supervision and both have an equal say in important issues Tender years doctrine –Courts assumed kids were better off with mothers—now not used in ANY state

29. Family Problems: Alimony, Property Division, and Child Support Alimony Property Division Custody –An agreement –A court order for child support 49% of children actually receive full child support from the non-custodial parent

30. Government Support for Needy Families and Others Social Insurance Programs –Social Security Retirement benefits Disability benefits Survivor’s benefits –Medicare Hospitalization insurance for retired folks

31. Gov’t programs (cont) Programs to aid the poor Supplemental Security Income (SSI) AFDC—Aid to families with dependent children –“–“Welfare” Medicaid Food Stamps Housing Assistance and Employment Training

32. Wills and Inheritance Will Estate Forced share Disinherited Executor/executrix Probate Heirs