A Parent-Partner Status for American Family Law

This book proposes a new 'parent-partner' legal status emphasizing obligations of parents to each other and to their children.

Merle H. Weiner (Author)

9781107088085, Cambridge University Press

Hardback, published 17 September 2015

660 pages
23.6 x 16 x 4.3 cm, 1.03 kg

'This work presents a thorough discussion of shortcomings in the law's current treatment of parenting relationships, potential positive outcomes for which the law should aim, and a host of ways the legal system could get us there.' Harvard Law Review

Despite the fact that becoming a parent is a pivotal event, the birth or adoption of a child has little significance for parents' legal relationship to each other. Instead, the law relies upon marriage, domestic partnerships, and contracts to set the parameters of parents' legal relationship. With over forty percent of American children born to unwed mothers and consistently high rates of divorce, this book argues that the law's current approach to regulating parental relationships is outdated. A new legal and social structure is needed to guide parents so they act as supportive partners and to deter uncommitted couples from having children. This book is the first of its kind to propose a new 'parent-partner' status within family law. Included are a detailed discussion of the benefits of the status as well as specific recommendations for legal obligations.

1. The disconnect between the facts and the law
2. The absence of the 'parent-partner' status
3. The inadequacy of existing constructs
4. Reform efforts: slowly moving forward
5. The new status in theoretical perspective
6. The benefits of the new status for children
7. The benefits of the new status for the community
8. Ambitions for the new status
9. New non-monetary obligations
10. A new relationship work obligation
11. New obligations with financial implications
12. Possible concerns about the status.

Subject Areas: Family law: children [LNMK], Family law: cohabitation [LNMC], Family law: marriage & divorce [LNMB], Family law [LNM], Law & society [LAQ], Law [L], Politics & government [JP]