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- Family Law 1 Flashcards
the honorable profession of practicing law does not want...
- Family Law 1 Flashcards
the honorable profession of practicing law does not want even the appearance of impropriety. Attorney may reject the case if: 1.) the belief that the prospective client does not have a meritorious claim 2.) the presence of a conflict of interest 3.) the office does not have expertise needed to take the case 4.) the likelihood that the office would not be able to collect its fees and costs of ...
Functions of Family Law. Protective: state interest in protecting the family unit and its members from abuse and fostering children's best interests (protects from physical, emotional, and economic harm) Facilitative: Family law helps people arrange and live their lives the way they choose by enforcing certain types of contracts (entering into ...
- Overview
- Family groups
- The two-parent family
- The one-parent family
- Legal consequences of marriage
family law, body of law regulating family relationships, including marriage and divorce, the treatment of children, and related economic matters.
In the past, family law was closely connected with the law of property and succession (see property law), and, judging from the records available, it must have originated principally in the economic and property questions created by the transfer of a female from her father’s family to the power and guardianship of her husband. Even with regard to the relationship between parent and child, legal concepts such as guardianship, custody, and legitimacy were associated with family power structures and family economic interests. Family law also traditionally has to do with matters of personal status—for example, the question of whether a person is to be considered married or single, legitimate or illegitimate—though the incidents and importance of these distinctions often derive from the law of property.
Family law shares an interest in certain social issues with other areas of law, including criminal law. For example, one issue that has received considerable attention since the late 20th century is the very difficult problem of violence within the family, which may take the form of physical violence by one adult member on another or by an adult on a child or some other violent or abusive conduct within a family circle. In serious cases the only real solution may be to terminate cohabitation or to remove an abused child from the family unit into some form of public or foster custody.
This article is not a treatise on the family laws of the world (which would require at least a volume) but a general survey of the common legal problems associated with the family.
A family group has a certain internal structure as well as relationships between itself and third parties. Family groups in some societies have tended to be complex, as, for example, the Roman paterfamilial group, the Chinese upper-class family, the Indian joint family, the samurai family in Japan, and many customary family structures in Africa. Th...
At present the dominant form of the family group consists of two spouses and the children they have produced or adopted. The law, therefore, is concerned mainly with the rights of the couple and their children and the duties of the couple to the children and to each other. In a strictly monogamous society, for example, the law will forbid a person to be married to more than one other person at the same time, while in other societies it will regulate the number of wives a man may simultaneously have (as Islamic law [Sharīʾah] does).
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Traditionally, family law has not concerned itself much with unions that are not commenced by legal marriage, though some systems of law have permitted the recognition of a “natural” child by a father for purposes such as inheritance and support. More recently, the family law of several European countries and of some jurisdictions in the United States was amended to recognize civil unions or domestic partnerships, which created many of the legal incidents of marriage for same-sex couples (see also same-sex marriage).
Since the 1970s, one-parent families have acquired an importance not adequately reflected in traditional law. It may be necessary to adapt the law to a greater extent to the needs of one-parent families in areas such as the organization of family and child-welfare services and the legal and administrative machinery for family support, employment as...
Two persons might produce the economic incidents of marriage by executing appropriate contracts or settlements. In some legal systems, a contract in conventional form is the core of the constitution of marriage. The contract may be complex, with a variety of clauses, as in Islamic law. In most countries today, however, the legal documentation of a marriage is mainly a registration of the event. Basically, then, marriage in the legal sense is the implied creation of certain rights or obligations such as maintenance, marital property and succession rights, and the custody of minor children.
In modern systems, the parties to a marriage can usually create the economic incidents of the marriage by a separate agreement. In some early legal systems and in present systems in which customary family law pertains, there is little choice as to the economic incidents of marriage because these are fixed by custom. In legal systems that allow substantial scope for personal independence, the spouses can take up a position of their own as to the economic basis of their family group by means of a marriage contract or a will.
An increasing proportion of children lives in lone-parent households. In 2007, 20% of. households with dependent children were headed by a single parent. 50 In 2009 only 63% of children lived with a married couple. 51. The average size of households is in decline (in 2009 it was 2.4 people) 52 and there is a.
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Apr 7, 2022 · Family law is a branch of the legal field that deals with issues relating to familial relationships. Divorce, child custody, and child support are the most well-known subjects of family law, though several other issues fall under the umbrella of family law. Paternity, adoption, emancipation, and other matters are also heard in family court.
