Family Law" by Melanie Home Gun
Children born under wedlock same sex marriages were not prevalent nor were birthrights or abortion issues 40 years ago. Family law has changed dramatically in the past forty years. Cases concerned in divorce adoption birthrights the validity of marriage are the origins of family law. Originally family law began as separate articles on decisional law. The priority of family law is concerned with issues that affect families daily such as child support alimony child abuse custody rights divorce property division adoption birth marriage so forth Elrod Spector 2008 .
The meaning of what constitutes a family in the 21st century the decisions directed by the Supreme Court rulings are what have changed family law the most since the laws began. Family law is more about function than form AN33218450 . The Law in the 50 States Article 40 years ago concentrated on the main issues of the time being divorce validity of marriage adoption. The United States Supreme Court was not making decisions on the rights for children born outside of marriage same sex marriages unwed fathers alimony for husbands the constitutional rights of children involved in juvenile cases as it making at present Elrod Spector 2008 .
Cohabitation was a crhyme in most states 40 years ago premarital contracts gave property upon death not in divorce. In addition same sex marriages were unheard of. The complexities of family that have risen in 40 years are enormous issues leave many lawmakers judges professionals perplexed in administering the morally correct decision for difficult issues involving the well being of others Elrod Spector 2008 .
Today six million people cohabitate few people marry same sex couples enter the decree of marriage in several states. State legislatures need federal guidance to change existing laws that do not reflect the change of times. In 40 years family law has moved more towards federalization through the decisions made by the Supreme Court the ever changing family structure. Today more cases are brought to the federal court systems involving family law Elrod Spector 2008 .
In the year 2000 a Nebraska law prohibited partial birth abortions even with the exception of a womans health at risk. The United States Supreme Court changed the Nebraska law. The Partial Birth Abortion Ban Act 3 was passed by Congress in 2003 prohibits physicians to perform the procedure of intact dilation extraction Elrod Spector 2008 .
The Deadbeats Parents Punishment Act was found to be constitutional over the years by the Third Circuit. Through the Child Support Recovery Act the Eleventh Circuits decision that a parent must be aware of where his or her child is living affected child support rights. For example a father cannot stop child support when the mother moves to another state does not tell the father where the child she are living Elrod Spector 2008 .
One of the most widespread international family law conventions is the Hague Abduction Convention. Today international family law is wider issue. For example cases show more abduction exists annually by mothers whom are the childs primary caregiver than in past years. The federal courts handled most of the Hague cases in 2008. The Hague Convention is used by nearly 80 countries successfully in resolving international family problems involving the United States. The United States approved the acquisitions of Lithuania Peru the Dominican Republic Estonia Latvia El Salvador Costa Rica Elrod Spector 2008 .
Family law has influenced custody rights in the past 40 years. Habitual residence determines persons rights of custody. For example a family who moves from one country to another losing his or her former country as home is considered a habitual resident of the new country. The settled intent approach is used by the courts in rulings made concerning custody rights of children Elrod Spector 2008 .
In 2008 family law involved debates concerning the war in Iraq health care immigration concerns the financial crisis of a subprhyme mortgage market the weakening dollar. Family law brought state legislatures courts into a continuing struggle of daily issues that affect the well being of families such as divorce division of property custody rights abortion adoption child support the right to be married. On both state national levels family law is most concerned with the physical mental psychological well being of all persons within a family unit. Over time new issues have become known in the complexities of societal changes in morality ethical decision making. Nevertheless the premises of family law is in keeping a balance a strong code of ethics in the ongoing relationships of the family form Elrod Spector 2008 .
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