e. The mother is verbally abusive or is lying). This is problematic, because it means that the children could be given custody to a dysfunctional parent without the court knowing what is happening. (Weiner, 2003, pg. 183)
In the case of the father, the advantages of these legal standards are that the court is looking at what is most stable for the child. As, the mother will have a special bond with them and could be more stable in looking out for their best interests. However, the disadvantage with this approach is that the father may be more emotionally and financially stable. The fact that the court is making this kind of assumption means that they could be automatically assuming that the mother is the best parent to raise the child. However, when you look beneath the surface the father could be more stable and capable of providing the best guidance.…...
mlaBibliography
Kay, H. (1972). Making Marriage and Divorce Safe for Women. California Law Review, 60 (6), 1683 -- 1700.
Weiner, I. (2003). The Handbook of Psychology. Hoboken, NJ: Wiley.
Wilcox, B. (2009). The Evolution of Divorce. National Affairs, 1, 81 -- 94.
Case # 2 -- Sperm Donation Bans
The State Y law is likely to be adjudicated unconstitutional because it infringes on fundamental rights without sufficient justification to satisfy the appropriate level of judicial scrutiny (Friedman, 2005). It can be argued that the statute infringes on and burdens a fundamental right (i.e. The right to start a family); therefore, the statute would have to satisfy the highest level of strict scrutiny to overcome a 14th Amendment constitutional challenge (Friedman, 2005). Since the aims of the state would have to be compelling and the methods imposed narrowly tailored to serve that purpose in the least burdensome manner, the statute would be overturned.
Even if the court applied only the intermediate level of scrutiny, such as that typically applied to issues of illegitimacy, the statute would probably be struck down because its purpose is not sufficiently important and the specific measures are not substantially related…...
mlaReferences
Friedman, L. (2005). A History of American Law. New York: Simon & Schuster.
Mr. Smith deserves custody of Samantha Smith
In the hypothetical custodial and child support-related case of Smith v. Smith, Mr. Smith is suing for child support payments for Samantha Smith, a child whom is not biologically the natural child of either Mr. Or Mrs. Smith. However, as a result of in vitro parentage and surrogate pregnancy, Samantha became the child of both parents, to be raised as if she were biologically their child, according to an agreement both of them signed. During the first year of her life Samantha lived with both Mr. And Mrs. Smith. During the second two years of Samantha Smith's life she lived solely with Mr. Smith. These two years were marked by at first frequent and then sporadic visitation by Mrs. Smith.
Of course, the issue of child custody is a difficult one even in cases where reproductive technology is not involved. But in the case…...
mlaWorks Cited
Areen, Judith. (1999) Family Law: Cases and Materials. Fourth Edition. New York: Foundation Press.
Family Law, Part Two
The following is an overview of the various topics covered in Family Law, Part Two. The pertinent areas of discussion will be defined, explained, described, compared and contrasted in order to illustrate the information garnered from this segment of Family Law. Included is a description of the impact of the Child Support Enforcement and Establishment of Paternity Act of 1974 on state requirements in the area of child support. Also offered, in a section on spousal support, is a comparison and contrast of permanent alimony, lump-sum support, and rehabilitative support. Then, an explanation is presented regarding the significance of timing in the classification of property in the division of marital property. Additionally, a description of how the 1968 case of Levy vs. Louisiana significantly changed the legal status of children of unwed parents. Finally, the pros and cons of using a sperm bank for artificial insemination…...
mlaReferences
CSEA legislation annual report (2009, March 25). Retrieved December 12, 2012 from http://csea.cuyahogacounty.us/pdf_CSEA/en-U.S./CSEA-legislationHistory032509.pdf
Kitzman, J. (no date). Classification of Property in Divorce: A Step-by-Step Guide with Cases.
Retrieved December 12, 2012 from http://www.dklawyers.com/pubs/Classification.Manuscript.pdf
Laws.com (2013). Children Laws. Retrieved December 12, 2012 from Laws.com website:
Family Law Act a court must take into Account ' the best interest of the child'. What does this mean? What are the factors the court is to consider in determining the best interests of the child and how do these operate? (200-500 words)
In short, the best interest of the child as defined by most courts is what will serve the child's interests best, at least in the short-term, and whether the child's current domicile and situation is the best fit involved. If the current parent(s) or guardian situation is not the best available option and/or the parent/guardian is obviously or even ostensibly unwilling or unable to provide the needed care that the child needs. his need can be borne of neglect or it can be based on outright abuse on the part of the parent or guardian. his situation can also arise if there are people or situations…...
mlaThe FLA is older and much more involved because it pertains not only to children but also involves matters pertaining mainly or only to the couple themselves such as property division, financial maintenance, and so forth. Even with its age, the law was updated much more recently than the 1998 act due to its amendments that were added in 2006.
4. Summarise the section of the Act that sets out provisions with regard to the penalties which might be imposed on children. How do general principles of the legislation relate to these.
The sixth chapter relates to children's court. There is also division 4 in chapter 5 that relates to when a child is discharged from care. This includes inclusion or exclusion from proceedings, subpoenas, warrants, compelling attendance, and commitment.
Orthodox Jewish family consists of the mother, father, and four daughters whose home was raided by law enforcement officers on suspicion that the family was engaged in child pornography. Following the raid, naked pictures of young girls was found on one of the cell phones of the parents. Pursuant to a search warrant, the officers recovered computers, cameras, and cell phones and later called a case into ACS child protective services. The ACS caseworker obtained several photographs of the children while naked including one in which a 5-year-old girl sleeping in her bed with her underwear removed and legs spread apart. While the mother admitted to the ACS caseworker that she took that photograph, the case was referred to Kings County Family Court for legal direction and intervention.
Family Law Legal Issues in the Case
As evident in the case, this is an example of a situation involving family law because of…...
mlaReferences
Bloomberg, M.R. & Bell, W.C. (2003, July). Parents' Guide to New York State Child Abuse and Neglect Laws. Retrieved from New York State Government website: https://www1.nyc.gov/assets/acs/pdf/stateguide_english.pdf
Gilmer, G.M. (2014, February 18). Corporal Punishment in New York City: Discipline vs. Abuse. Retrieved December 20, 2016, from http://gilmerlegal.com/lawyer/2014/02/18/ACS-Cases/Corporal-Punishment-in-New-York-City-Discipline-vs.-Abuse_bl11810.htm
HG Experts. (n.d.). Child Pornography Law. Retrieved December 20, 2016, from https://www.hg.org/child-pornography.html
Schechter, S.P. (2013). New York family law (3rd ed.). Clifton Park, NY: Delmar, Cengage Learning.
Child Support
The complex dynamics of any individual family creates certain problems for legislative processes and all-encompassing rules. The relative factors that determine any single individual's family status is often outside of that individual's control and presents multiple avenues of responsibility, and at the same time creating multiple avenues of means of success. Unfortunately, marriage in today's society is consistently threatened by the complex and varying forces that influence relationships. In some instances where marriages produce children, outside powers step in to ensure that equal protection is guaranteed for all involved in this problem. The purpose of this essay is to examine certain situations where child support obligations are in question. I'll examine the biological, legal and socioeconomic relationships that help contribute to determining what fairness is in terms of child support payments.
According to the U.S. Census ureau, "in the spring of 2000, an estimated 13.5 million parents had custody of…...
mlaBibliography
Case, A. et al. (2003). " Explaining trends in child support: economic, demographic, and policy effects." Demography, Vol 40, 1 Feb 2003: 171-189. Retrieved from nomic_Demographic_and_Policy_Effects.pdfhttp://www.princeton.edu/~accase/downloads/Explaining_Trends_in_Child_Support_Eco
Meyer, D. et al. ( 2005). " Multiple-partner fertility: incidence and implications for child support policy." The Social Service Review, Dec 2005, 79, 4. Retrieved from http://www.lafollette.wisc.edu/Courses/PA882/Meyer.Cancian.Cook.05.pdf
US Census Bureau (1999). "Custodial mothers and fathers and their child support." Current Population Reports issued Oct 2002. Retrieved at http://ncfm.org/libraryfiles/Children/child%20support/censuschildsup.pdf
Child Custody and Family Law
Considering the rate of divorce in the United States, child custody and family laws are of immense importance and well deserving of scrutiny. As such, this sort of litigation and the processes by which arbitration is made are thoroughly examined within obert Emery et al.'s "Limited science and a flawed system." This document examines a number of research studies that indicate that there is a considerable degree of dubiousness entrenched within the methodology used to determine child custody in cases of divorce and otherwise. Many of the studies examined within strongly suggest that there are severe circumscriptions in the science used for child custody cases, with the implication being that many such cases are ultimately decided with dangerous amounts of autonomy in a highly arbitrary fashion.
An analysis of the research methods of several different studies proves this point. One of the factors that is routinely utilized…...
mlaReferences
Emery, R.E., Otto R.K., O'Donohue, W.T. (2005). "A critical assessment of custody evaluations." American Psychological Society. 6:1.
Family Law Court Observation
Rachel Faybyshev
Family Law
Ally, Esq.
Family Law Court Observation
I visited the NYC Family courthouse that is located in 60 Lafayette St. on October 13, 2016. I thought I had a pretty good idea of what it was going to be like. Since I've watched a lot of crime related and legal drama television shows, I already had a picture painted in my head of what to expect. When I first arrived I had to walk through a metal detector and clear security like at the airport, but that was something I was prepared for. When advising a client on how to dress I would definitely tell them to dress professional, but comfortable and leave as much jewelry as possible at home. I then proceeded to the fourth floor to observe the first proceeding. There were some aspects of the courthouse that were exactly like how I thought they would…...
Family Discrimination Laws
States like Connecticut, New Jersey, and Alaska are taking the lead when it comes to passing laws protecting employees from discrimination based on family responsibility. These anti-family responsibilities discrimination (FD) laws are designed to protect workers, but whether they are a good idea is a matter of opinion. There are concerns that these laws may be abused, and that employers may end up bearing the brunt of missed days and dissatisfied customers because employees are missing too much work time to be with their families (Pynes, 2013). Personally, I do support the idea of anti-family responsibilities discrimination laws. I think that work is very important, but there should be a good work-life balance. Most people do not have that anymore, because they know they will likely risk being fired if they want or need to miss any work time to spend with their family. People should not have…...
mlaReferences
Pynes, J.E.(2013). Human resources management for public and nonprofit organizations: A strategic approach (4th ed.). CA: Jossey-Bass.
Reeves, T.Z. (2006) Cases in public human resource management. NY: Thomson/Wadsworth.
Less dramatically, in my own personal experience I have known people who have engaged in minor acts of delinquent behavior, for no apparent reason, and I have (successfully, I believe) had to deal with peer pressure to engage in antisocial acts.
In this course I would like to learn more about the juvenile justice, theories of why young people commit crimes, and how someone's family influences the likelihood that they will commit a crime. On a persona level, I am interested in family law in general, since so many of my friends come from divorced homes and have had to deal with the family court system. I think the course would prove useful in many fields I might choose to enter, including education, social work, the law, or law enforcement....
Family Law eform
Briefly describe major features of women's roles and positions in Confucian patriarchal and patrilineal family.
The Confucian patriarchal and patrilineal family had very limited roles for women. This occurred with them serving as second class citizens when it comes to their inheritance and overall place in the family. In other words, the male family members were first in line for power, authority, influence and assets. If something happened to them, is the when women would receive property and play a greater role. In many cases, they were less influential in their ritual responsibilities when it comes to their ancestors. Inside the kin group, they were subservient to males. This meant that they were not educated and served as the nurturer for raising the lineal heirs. While at the same time, they were expected to remain silent in public and perform various duties around the house. (Shin, 2006) This is…...
mlaReferences
Shin, K. (2006). The Politics of Family Law Reform Movement. Journal of Korean Studies, 11 (9), 93-125.
As one commentator notes; "What this adds up to is, in my view, a significant shift in the balance of work and family life. oles are changing, the nature of care is changing, and the stress related to juggling the balance is increasing (Edgar, 1997, p. 149)
A number of statistics also help to outline the nature of the family structure in a developed economy like Australia. In terms of workforce participation, the figures are as follows: "….86% for fathers and 56% for mothers in two-parent families, and 65% for male and 43% for female sole parents"(Edgar, 1997, p.151). This is also indicative of a shift in the role of the female as solely a homemaker. "In 1993, 53% of couples with dependent children were both employed & #8230;" (Edgar, 1997, p. 151). Therefore, there are still imbalances and disparities in terms of the family structure and this is a…...
mlaReferences
Anderson, G.L. (Ed.). (1997). The Family in Global Transition. St. Paul, MN: Professors
World Peace Academy. Retrieved October 1, 2009, from Questia database: http://www.questia.com/PM.qst?a=o&d=59215755
Baile, S. (1990). Women and Health in Developing Countries. OECD Observer, a (161),
18-20. Retrieved October 1, 2009, from Questia database: http://www.questia.com/PM.qst?a=o&d=98938035
d., pg. 67). Thus, the definition of the British family is almost wholly contained within a woman's decision. Women who have children and enter the workforce create new trends in British family life, such as the fact that children are cared for primarily by professionals working in the home, at nursery schools, or grandparents (Kathleen, n.d., "Family Life," 2009). The redefining of family relationships to give equality to both the husband and wife and the problem of finding childcare while both parents work is a result of women's entry into the workforce and modern conceptions of family life.
While these characteristics apply to the primary types of families in the United Kingdom, it is important to recognize that this state is diverse in terms of ethnicity, culture, sexual orientation, religion, etc. Cloud (2008) discusses the difficulties in conducting research for one often not-discussed portion of society -- homosexuals. Cloud (2008) writes…...
mlaReferences
Cline, A. (2009). Sudan: Women and Family. Retrieved July, 18, 2009, from http://atheism.about.com/library/FAQs/islam/countries/bl_SudanWomen.htm
Cloud, J. (2008, January 17). Are Gay Relationships Different? Retrieved July 18, 2009,
from http://www.time.com/time/magazine/article/0,9171,1704660-2,00.html
"Family Life in the United States and United Kingdom." Retrieved July 18, 2009, from http://articles.famouswhy.com/family_life_in_united_states_and_united_kingdom
Families, Delinquency & Crime
The fundamental changes occurring to families in the 2st century can be classified into two different categories, depending on the internal or the external perspective that is used in the analysis. The external perspective proposes an analysis of the sociodemographic changes that have occurred to families under the impact of the external factors of the 2st century. The sociodemographic changes are characterized both by the numbers, by a quantitative reflection of families, and by the relationships that are formed within each family.
From the first perspective, the 2st century has imposed both changes in the number of families (some cultures, notably the Western ones, have encountered decreases in size because of an increased reluctance of individuals to get married) and in the formation of these family groups. As such, in many of these family groups, the norm has translated from a man-woman marriage as the basis of family…...
mla1. Roopnarine, Jaipaul; Gielen, Uwe. 2005. Families in Global Perspective. Pearson Education.
2. Vaskovics, L.A. 1994. Family and household structures in the former GDR and the Federal Republic of Germany from 1980 to 1989 -- a comparison. Wiesbaden.
3. Aly, A.M.Y. 1999. Lectures on population, family and childhood issues. Alexandria: The Modern University Office.
1. The Intersection of Law and Social Stratification
Examine how laws and legal systems perpetuate or challenge social inequalities based on race, class, gender, or other social factors.
Analyze the role of law in shaping the distribution of wealth, power, and resources within society.
Discuss the impact of discriminatory laws or policies on marginalized groups and their access to justice.
2. The Role of Law in Social Control
Explore the various ways in which law is used to regulate and control social behavior, from criminal justice to family law and education.
Analyze the effectiveness of different legal strategies in achieving social....
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