Law and Justice

1. Law and Justice CJUS/POLS 110 Chapter 13: Family Law

2. Family = basic social unit - since colonial times - central to society - greater rights / protections / support - family law = domestic law - protects basic social unit - primarily children a. What is family? - traditional concept = husband / wife / children - today = parent / child / surrogate parenting / palimony / same-sex marriages

3. (1) Historically = husband worked - wife = homemaker - children = school (a) Greater opportunities - preferred family man - more benefits than single (2) Family law - regulates legal relationship - legally recognized

4. (3) Encompasses broad spectrum of issues - rise among individuals - joined by genetics / marriage - other recognized means (adoption) (4) Throughout most of our history - women: not enjoy same rights (a) English Common Law / traditional law - treated as subordinates - property of fathers - property of husbands

5. (b) American colonies - somewhat better off - still = substantial disadvantage (c) Could not: - own property / enter into a contract - file a lawsuit / work certain jobs - could not vote (d) Suffragist movement - early 1900s = right to vote - little else changed = late 1960s

6. b. Women’s first: (1) 1849 – medical degree (2) 1853 – ordained minister (3) 1866 – dentist (4) 1869 – lawyer (5) 1872 – ran for president - National Radical Reformers

7. (6) 1879 – practice before US Supreme Court (7) 1887 – mayor, Angona, KS (8) 1901 – Niagara Falls in a barrel (9) 1916 – conduct symphony orchestra - Bellingham, WA (10) 1916 – US House of Representatives (11) 1925 – governor, Wyoming

8. (12) 1932 – US Senate (13) 1970 – jockey, Kentucky Derby (14) 1981 – US Supreme Court (Sandra Day O’Connor) (15) 1983 – into space (Sally Ride) (16) 1995 – US Attorney General (17) 2009 – US president?

9. c. Family law encompasses: - marriage / parenthood / divorce - state governments = primary - federal = protect weaker spouse / children (1) Aids for Dependent Children Act – 1935 - protect / care for dependent children - other family matters = state issues (2) Family Support Act – 1974 - established child support amendments - obligation of parents

10. (3) Office of Child Support Enforcement – 1984 - child support amendments (a) Required: - employers: hold support payments - delinquent parents (one month) (b) Imposition of liens on property - defaulting obligators (c) Deduct from federal / state tax returns - unpaid support obligations

11. (4) Child Abuse Prevention / Treatment – 1984 - encouraged states to adopt basic laws (5) Parental Kidnapping Act – 1984 - federal penalties for “child snatching” (6) Family Support Act – 1988 - states must implement by 1994 - presumptive rather than advisory - guidelines for child support (7) Defense of Marriage Act – 1988

12. - granted authority to states - grant / deny same-sex marriage recognition - valid in another state (8) Uniform Interstate Family Support Act – 1992 - non-payment of child support - one state (mother) can bring lawsuit - other state (father) (a) Elian Gonzales - State of Florida vs. Cuba - Florida = allow to stay

13. - mother died - live with relatives (b) US Government - parental rights - best interest of child - father in Cuba - wanted son back d. Washington state law - family matters - areas to be discussed

14. (1) Premarital agreements (prenuptial) - contracts entered into - before marriage (a) Address property issues - divorce / death of spouse (b) Protect children of previous marriage - bring greater assets (2) Marriage - legal status between man / woman (?)

15. - union of husband / wife - based on state law (a) Common law marriage - live together - period of time (5 years) (b) Some states - consider married - family laws apply (3) Paternity

16. - legal action / lawsuit (a) Determine father of child - impose support obligation (b) Establish certain rights - inheritance - secure consent = adoption - gain / prohibit custody - establish visitation rights (4) Adoption

17. - legally recognized method - forming a family - different ways to adopt (5) Children’s rights - afforded all US citizens - also: due to status as children (6) Divorce / dissolution - legal process - marriage terminated - legally ended / related issues resolved

18. (7) Alimony / spousal support - legal term - income provided by former spouse (a) Alimony - awarded to either spouse - need financial assistance - able to provide (b) Usually temporary - becomes self-supporting - children leave home

19. (8) Custody / visitation - parents divorce / separate - never been married (a) Surrogate mother issues - put up for adoption - agree to have baby (b) Court = best interest of child - determining child custody (9) Child support

20. - ordered by court (a) Child lives with one - but not both (b) Non-custodial parent - responsible for contributing - portion of income • Premarital agreements - contract between two people - who intend to marry each other

21. a. Issues addressed - property / income - during marriage - after ends in divorce - death of one / both spouses (1) Address non-financial issues - religious upbringing = children - who children live with (2) Child support - cannot be resolved in premarital contract

22. b. Most often used: - marrying for second / more times (1) One partner - significantly greater assets - ensure children from previous marriage (2) Unenforceable / voidable - withheld important information - coerced other party to sign - terms so unfair - left with very little

23. (3) Uniform Marital Agreement Act - many states - agreement in compliance - court = refuse to enforce • Marriage - relationship based on state law - recognized by all states - contract = enforceable by the courts a. Washington state - civil contract = male and female

24. - attained age of 18 - otherwise capable (no mental deficiency) (1) Contract to share liabilities - home maintenance - debts - care of children - unless = prenuptial agreement (2) 17 years of age - with parents permission - otherwise = void

25. (a) 16 years or younger - waived by superior court judge - county of residence (b) Showing of necessity (3) Adopted “Defense of Marriage Act” - authority to states to grant / deny - recognition of same sex marriages - considered valid in other states (a) Act defines marriage

26. - purposes of federal law - a legal union (b) Between one man / one woman - as husband / wife b. Legal contract - two consenting adults - bond of matrimony (1) Based on state law - regulate who can marry: sex /relation /age

27. - grants rights: financial /insurance - require obligation: expense /maintenance (a) License - state must issue (b) Judge / minister - perform ceremony - solemnized (2) Common law marriage - live together for period of time

28. - married in eyes of law - 14 states have - Washington state does not (a) Article IV, Section 1, US Constitution - states that do not permit - must recognize marriages - common law states (b) Cohabited 5 years in Colorado - considered husband / wife - Washington state must recognize

29. (3) Domestic partnerships - man / woman living together - share love / expenses - do not profess marriage (a) Many states do not provide - benefits married couples receive - SSI / health insurance / pensions - file taxes separately (b) Some cities / counties do recognize - Olympia: provides benefits

30. c. Legal consequences - requires obligation - mutual obligation of support - support children (1) Property rights - marital property / separate property - Uniform Marriage / Divorce Act (a) Marital - property acquired during marriage - no matter who acquired it

31. (b) Separate - property acquired before marriage - during marriage = gift / inheritance - prenuptial agreement (2) Community property jurisdiction - Washington state = community property - win $10 million lotto = half to spouse (a) Unless otherwise agreed on - earnings are owned equally - dissolution of marriage = 50/50 split

32. (b) Commingling - mix separate property = community - primarily = money / property (c) Separate property - immune from debts of spouse - husband sued civilly - can attach community property - husband’s separate property - not wife’s separate property (d) Doctrine of Spousal Immunity

33. - for years = unable to sue each other - now allowed = “outrageous actions” - assault / child molestation / stress - lawsuits for infidelity • Parenthood - joy of marriage - basic social unit = fulfillment - provides rights / obligations a. Roe v. Wade

34. - right to an abortion - what conditions (1) Legitimacy - child = birth mother / birth father - all rights entitled - inheritance / support - carries father’s name (a) Does not want husband - wants child - rights of child

35. (b) Later determine who father is - demand support (c) Birth father - gain father-ship of child (?) (d) One birth parent - put up for adoption (2) Surrogate mother contracts - used in many states - valid agreements

36. (a) Unless mother - files for possession (b) Most states - side with birth mother - protects best interests of child (c) Determined by the courts (3) Parenting by same sex couples - courts = adoption is allowed - de facto parent = obligations

37. Adoption - two-step legal process - birth parents legal rights = terminated - new rights / obligations created = adoptive parents a. Through adoption - same rights / privileges / duties - biological child - inheritance / support (1) Adoptive parents - same rights / privileges / duties

38. - as birth parents (2) State regulations - specific requirements (a) Detailed application - work / family / educational history - criminal history (b) Approval process - adoptive agency / attorney - follow state guidelines

39. (3) Factors considered (a) Economic status / home environment - age / health (b) Child’s best interests - paramount concern - deciding adoption (c) Adopted by: - married couple / single person - member of a married couple

40. (4) Adoption eligibility - variety of circumstances (a) Birth parents living - voluntarily relinquish rights (b) Parents rights legally terminated - involuntarily through court process (c) Birth parents deceased (5) All states’ adoption acts

41. - require living parents’ consent (a) Birth father consent - not always required - never married - best to obtain (b) Consent provisions do not apply - terminated by a court b. Several types of adoptions

42. (1) International adoption - increasingly popular - due to high demand / long wait (a) Orphaned / abandoned - in foreign country (b) Foreign travel required - most instances (c) Appear in foreign court - follow country’s regulations

43. (d) Return home - appear in state court - legalize adoption (2) Agency placement - another form (a) Match child with family - intermediaries - birth / adoptive parents (b) Responsible for investigation

44. - minimize risks = unhealthy children (c) Protects anonymity - birth / adoptive parents (d) Major disadvantage - long, detailed process - many months of waiting (3) Other types: - stepparent / blood relatives / surrogate - open / closed adoptions

45. (a) Open adoption - birth / adoptive parents - ongoing contact = child’s life - may develop relationship (b) Close adoption - all records kept private - no contact = birth parents / child • Divorce / dissolution - family = basic social unit - broken apart by divorce = 2010 same number

46. a. Since 1970s - family laws = changed dramatically - divorce = no longer fault based - easier to obtain - prior to 1970 = some grave misdeed (1) Divorce - marriage of parties terminated - related issues decided - child custody / child support / visitation - spousal support = alimony - property / debt division

47. (a) Very contentious / acrimonious process - other times = voluntary / mediator - reach mutually agreeable decisions (b) Can be with / without lawyers (2) During earlier times - courts would not grant divorces - unless “sufficient grounds” established - by one spouse (a) Most common traditional grounds:

48. - cruelty / desertion / adultery (b) Could also be based on: - nonsupport / neglect / insanity / alcoholism / drug addiction / crime conviction c. Today = “no fault” divorce - marriage terminated on grounds: - incompatibility / irreconcilable differences - irretrievable breakdown of marriage relationship - “just can’t seem to get along”

49. (1) Concept of “fault” - survived in some aspect (a) Still relevant in some states - determining issue (b) Court would consider for: - custody / visitation - child support / spousal maintenance - property distribution (2) Property distribution

50. - ‘hotly’ contested in divorce actions (a) Commonly distributed property - real estate / personal property - cash / bank accounts / stocks / bonds - ownership interest = family business - retirement benefits d. Two main methods for property distribution - based on statutes of states = divorce occurs - equitable distribution - community-property states