Paternity And American Law

A father's role in the family has been defined in various ways throughout the history of the United States. The English heritage of the first settlers encouraged patriarchal rule in the family. As changing technology spurred the Industrial Revolution, the father was propelled out of the home and into the workplace, and his role became that of breadwinner. Consequently, mothers soon found their authority in the home heightened. Both parents left the home when the World War II effort urged citizens into the factories and offices to serve the United States in a time of crisis. This again led to a more aggressive female presence in society as well as the family. As the father's role in the family changed, so did the laws reflecting the father's rights. Today the line is skewed, as more often the establishment of paternity becomes a difficult process no longer defined by the old standards of marriage or adoption. This text discusses the changes in paternity laws over time and the ways in which each era's societal norms have been reflected in those laws. Custody, legitimacy, adoption and paternity are examined from a legal standpoint. Child support, visitation scheduling and third party parenting and visitation rights are also discussed. Finally, current trends that affect paternity laws are examined. Major cases, statutes and model acts that exemplify changes in paternity laws are listed in three appendices.

For many years family law was viewed as a study of the regulation of relationships of husband and wife and parent and child. Both relationships were clearly defined. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. By the close of the twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were either being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed. In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse and examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how additional models are being developed to take into account new family forms.

Presents the full text of "America's Fathers and Public Policy: Report of a Workshop," edited by Nancy A. Crowell and Ethel M. Leeper. Lists committee members and workshop participants and notes acknowledgments. Remarks that the Board on Children and Families convened the workshop, "America's Fathers: Abiding and Emerging Roles in Family and Economic Support Policies," held in Washington, D.C., on September 26-28, 1993. Notes that the main topics of discussion centered around child support, teenage fathers, fathers of disabled children, and inner-city poor fathers. The Report from the workshop examines such topics as economic support, barriers and incentives to involvement, and public policy regarding fathers' rights. Contains a bibliography, a list of references and suggested directions for research, and the workshop's agenda. Links to the home pages of the National Academy of Sciences (NAS) and the National Academy Press (NAP), as well as to other reports.

"Casebook for law students studying Family Law"--

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in the USA covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with the USA. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law. The Authors List of Abbreviations Preface: 2018 Preface: 1997 General Introduction Part I. Persons Chapter 1. The Status of a Person Chapter 2. Registration of Civil Status Chapter 3. Personality Rights Chapter 4. Names Chapter 5. Nationality Chapter 6. Domicile and Residence Part II. Family Law Chapter 1. Marriage Chapter 2. Divorce Chapter 3. Cohabitation Without Marriage Chapter 4. Filiation Chapter 5. Adoption Chapter 6. Parental Authority