Unmarried Couples Law and Public Policy

Author: Cynthia Grant Bowman
Publisher: Oxford University Press
ISBN: 0199707146
Format: PDF, ePub, Mobi
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In Unmarried Couples, Law, and Public Policy, Cynthia Grant Bowman explores legal recognition of opposite-sex cohabiting couples in the United States. Unmarried cohabitation has increased at a phenomenal rate in the U.S. over the last few decades, but the law has not responded to the legal issues raised by this new family form. Although a majority of cohabiting unions dissolve within the first two years, many are longer in term and function like other families; a large number of children also reside in these households. If one partner dies, is injured, or leaves the family, the remaining family members are left in an extremely vulnerable position in almost every state without any type of survivors' benefits, compensation for loss of a wage-earning partner, or remedies similar to those available upon dissolution of a marriage. The author argues that the many benefits attendant upon formal marriage should be extended to cohabitants who have lived together for more than two years or give birth to a child. In order to avoid these consequences, a couple would need to opt out of them by contract. Professor Bowman reaches this conclusion after a thorough review of the history of the legal treatment of cohabitation in the United States, the inadequacy of the legal remedies available to cohabitants in most states, the now-voluminous social science literature about cohabitation, and the experience of six other countries (England, Canada, Australia, France, The Netherlands, and Sweden) that have attempted a variety of legal reforms to address the problems of cohabitants.

Unmarried Couples Law and Public Policy

Author: James Stark
Publisher: Createspace Independent Publishing Platform
ISBN: 9781986830690
Format: PDF, Docs
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Although a majority of cohabiting unions dissolve within the first two years, many are longer in term and function like other families; a large number of children also reside in these households. If one partner dies, is injured, or leaves the family, the remaining family members are left in an extremely vulnerable position in almost every state without any type of survivors' benefits, compensation for loss of a wage-earning partner, or remedies similar to those available upon dissolution of a marriage. The author argues that the many benefits attendant upon formal marriage should be extended to cohabitants who have lived together for more than two years or give birth to a child. In order to avoid these consequences, a couple would need to opt out of them by contract.

Living Together

Author: Frederick Hertz
Publisher: Nolo
ISBN: 1413323790
Format: PDF, ePub, Docs
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Find all the information and forms unmarried couples need to define and protect their relationship in the eyes of the law. An essential resource for any unmarried couple, Living Together explains: the legality of living together having and raising children the many types of ownership agreements Includes all the legal forms you need!

Unmarried Couples with Children

Author: Paula England
Publisher: Russell Sage Foundation
ISBN: 1610441869
Format: PDF, Kindle
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Today, a third of American children are born outside of marriage, up from one child in twenty in the 1950s, and rates are even higher among low-income Americans. Many herald this trend as one of the most troubling of our time. But the decline in marriage does not necessarily signal the demise of the two parent family—over 80 percent of unmarried couples are still romantically involved when their child is born and nearly half are living together. Most claim they plan to marry eventually. Yet half have broken up by their child's third birthday. What keeps some couples together and what tears others apart? After a breakup, how do fathers so often disappear from their children's lives? An intimate portrait of the challenges of partnering and parenting in these families, Unmarried Couples with Children presents a variety of unique findings. Most of the pregnancies were not explicitly planned, but some couples feel having a child is the natural course of a serious relationship. Many of the parents are living with their child plus the mother’s child from a previous relationship. When the father also has children from a previous relationship, his visits to see them at their mother’s house often cause his current partner to be jealous. Breakups are more often driven by sexual infidelity or conflict than economic problems. After couples break up, many fathers complain they are shut out, especially when the mother has a new partner. For their part, mothers claim to limit dads’ access to their children because of their involvement with crime, drugs, or other dangers. For couples living together with their child several years after the birth, marriage remains an aspiration, but something couples are resolutely unwilling to enter without the financial stability they see as a sine qua non of marriage. They also hold marriage to a high relational standard, and not enough emotional attention from their partners is women’s number one complaint. Unmarried Couples with Children is a landmark study of the family lives of nearly fifty American children born outside of a marital union at the dawn of the twenty-first century. Based on personal narratives gathered from both mothers and fathers over the first four years of their children’s lives, and told partly in the couples' own words, the story begins before the child is conceived, takes the reader through the tumultuous months of pregnancy to the moment of birth, and on through the child's fourth birthday. It captures in rich detail the complex relationship dynamics and powerful social forces that derail the plans of so many unmarried parents. The volume injects some much-needed reality into the national discussion about family values, and reveals that the issues are more complex than our political discourse suggests.

Same Sex Marriage and Children

Author: Carlos A. Ball
Publisher: Oxford University Press
ISBN: 0199977895
Format: PDF
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Same-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called "responsible procreation" and child welfare. Carlos A. Ball places the current marriage debates within a broader historical context by exploring how the procreative and child welfare claims used to try to deny same-sex couples the opportunity to marry are similar to earlier arguments used to defend interracial marriage bans, laws prohibiting disabled individuals from marrying, and the differential treatment of children born out of wedlock. Ball also draws a link between welfare reform and same-sex marriage bans by explaining how conservative proponents have defended both based on the need for the government to promote responsible procreation among heterosexuals. In addition, Ball examines the social science studies relied on by opponents of same-sex marriage and explains in a highly engaging and accessible way why they do not support the contention that biological status and parental gender matter when it comes to parenting. He also explores the relevance of the social science studies on the children of lesbians and gay men to the question of whether same-sex couples have a constitutional right to marry. In doing so, the book looks closely at the gay marriage cases that reached the Supreme Court and explains why the constitutionality of same-sex marriage bans could not be defended on the basis that maintaining marriage as an exclusively heterosexual institution promoted the best interests of children. Same-Sex Marriage and Children will help lawyers, law professors, judges, legislators, social and political scientists, historians, and child welfare officials-as well as general readers interested in matters related to marriage and families-understand the empirical and legal issues behind the intersection of same-sex marriage and children's welfare.

Sexual Minorities and Politics

Author: Jason Pierceson
Publisher: Rowman & Littlefield
ISBN: 1442227702
Format: PDF
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Sexual Minorities and Politics is the first textbook to provide students with an up-to-date, thorough, and comprehensive overview of the historical, political, and legal status of sexual and gender minorities. The text provides lists of key terms and discussion questions in each chapter to aid in student comprehension and fuel classroom debate.

Unmarried to Each Other

Author: Dorian Solot
Publisher: Da Capo Lifelong Books
ISBN: 9781569245668
Format: PDF, Mobi
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Unmarried to Each Other is a smart, practical guide for unmarried couples, based on the more than 100 stories and real-life experiences of unmarried partners around the country. This book was written by a couple who, themselves, are in a committed nine-year unmarried relationship. For people who are unmarried now or forever, the book is filled with information about the joys and the common challenges to love without wedding rings, including answers to questions like: Is living together right for us? How can we explain our relationship to our grandmothers? How can I get my workplace to provide health benefits to my domestic partner? Are there problems for couples who have kids without being married? How can we plan a wedding or ceremony without getting legally married? Filled with dozens of funny, real-life stories and savvy insights, Unmarried to Each Other is the definitive resource for couples bound by love, if not by marriage, for one of the fastest-growing household types in the U.S. today.

Constitutionalization of European Private Law

Author: Hans Micklitz
Publisher: OUP Oxford
ISBN: 0191020087
Format: PDF, Kindle
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In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

Family Law A Very Short Introduction

Author: Jonathan Herring
Publisher: OUP Oxford
ISBN: 0191645605
Format: PDF, ePub, Mobi
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What is a family? What makes someone a parent? What rights should children have? Family Law: A Very Short Introduction gives the reader an insight not only into what the law is, but why it is the way it is. It examines how laws have had to respond to social changes in family life, from rapidly rising divorce rates to surrogate mothers, and gives insight into family courts which are required to deal with the chaos of family life and often struggle to keep up-to-date with the social and scientific changes which affect it. It also looks to the future: what will families look like in the years ahead? What new dilemmas will the courts face? ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Q A Revision Guide Family Law 2013 and 2014

Author: Ruth Gaffney-Rhys
Publisher: Oxford University Press
ISBN: 0199661944
Format: PDF, Docs
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Q&A Family Law offers a lifeline to students revising for exams. It provides clear guidance from experienced examiners on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.