This volume examines the state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships.

"This book is about shifting the focus of family law assessments and interventions and legal representation from the individual to relationships"--

This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.

Family law draws from constitutional law as well as from criminal law, conflict laws, and the laws of contracts, torts, property, inheritance, and even taxation. This comprehensive review inspects the creation of marriage relationships, spousal rights and obligations, parent and child relationships, marriage termination, and the economic consequences of divorce.

Comprehensive coverage of every phase of the child custody evaluation process Does a clinician hired by a parent’s attorney bear the same responsibilities as a court-appointed psychologist? What are the most effective techniques for determining whether an alleged abuse has actually occurred? Which factors should be considered when determining whether a parent should be granted custody? Clinician’s Guide to Child Custody Evaluations, Second Edition answers these questions and hundreds more as it provides step-by-step guidance through every aspect of this sensitive and profoundly important process. Employing riveting case studies drawn from the more than 1,800 custody evaluations he has performed, Dr. Marc Ackerman provides authoritative guidelines for: Conducting interviews, observing behavior, and collecting collateral information Psychological testing and administering ASPECT and other custody instruments Evaluating parental behavior Reporting evaluation results Testifying in court This remarkably thorough resource offers completely up-to-date coverage of recent legal decisions affecting child custody, new surveys on what judges and attorneys want from evaluations, and new chapters on placement schedules and second-opinion evaluations. Clinician’s Guide to Child Custody Evaluations, Second Edition is must reading for every mental health professional who is–or would like to be–involved in child custody evaluations.

Prenuptial agreements have exploded over the past 20 years, not only among celebrities, but also for all types of people who desire to protect, manage, or enhance their personal, family, or business assets against foreseen and unforeseen circumstances. Attorneys have been assigned the task of cutting through a morass of issues to create agreements that achieve the goals of their clients while meeting complex, and often subtle, legal requirements. Drafting Prenuptial Agreements is the first guidebook ever to cover this growing area of family law. Written by Gary N. Skoloff and Richard H. Singer, Jr., Skoloff and& Wolfe, Livingston NJ, and Ronald L. Brown, Editor, American Journal of Family Law, Aspen Publishers, Drafting Prenuptial Agreements presents a pragmatic approach to preparing successful agreements quickly and effectively in any situation by grouping together and identifying the common areas that need to be addressed. The authors guide you through planning the agreement and the types of issues to discuss with different clients. This thoughtful organization gives you easy access to the tools you need to clearly present the range of choices to be addressed in each type of agreement and situation. Five sample agreements create broad groupings of issues which let you quickly zero in on the concerns parties at specific stages of life and affluence are most likely to want covered by their prenuptial agreement: YOUNG-YOUNG, EQUAL ASSETSand—For young people in the early stages of promising careers, where each has some assets and wants to protect these, as well as their careers, as separate property. YOUNG-YOUNG, DISPROPORTIONATE ASSETSand—For people of middle age or younger, where one already has, or is likely to acquire, substantial assets, and wants to protect these assets as separate property, while reasonably providing for the needs of the marriage, as well as the spouse and any children upon divorce. YOUNG-OLD, DISPROPORTIONATE ASSETSand—For a couple with a large age disparity, where the older party has substantial wealth which he or she wants to preserve for his or her estate, and also wants to provide for disability or incapacity. OLD-OLD, DISPROPORTIONATE ASSETSand—For an elderly couple, where one party has substantially fewer assets than the other, yet is comfortable, and where both want to protect their separate property, provide for a comfortable lifestyle during the marriage and reasonably provide for the spouse with fewer assets upon death or divorce. OLD-OLD, EQUAL ASSETSand—For older parties with similar assets who want to protect their property as separate, yet provide an arrangement by which they can live commensurate with their resources. Drafting Prenuptial Agreements includes a CD-ROM with sample agreements and hundreds of time-saving clauses!

Find out how evaluators, mediators, and judges deal with the issues of relocation in divorced families In the past, the relocation of a parent or child in custody cases was rarely a problem for divorced families—there was little conflict and little need for court intervention. But with the growth of shared custody, more fathers involved in parenting after divorce, and an increase in litigation between conflicted parents, relocation has become a complex issue that’s difficult for evaluators, judges, and public policymakers to resolve. Relocation Issues in Child Custody Cases offers a firsthand look at how evaluators investigate, predict, and make recommendations; how judges reach decisions based on those recommendations; and how individual states deal with relocation cases. Relocation Issues in Child Custody Cases examines how evaluators, mediators, and judges can best facilitate an environment where a child has an ongoing relationship with two parents, regardless of where each parent lives. This unique book looks at how the landscape in relocation cases has changed since the California Supreme Court’s landmark 2004 ruling in the LaMusga move-away case, examining relevant topics, including individual state statutes on relocation; a survey of courts in the United States; the functions of an evaluator; how a judge analyzes data before reaching a decision; parental conflict; domestic violence; change of circumstances; primary residence; and the process of developing parenting plans. Relocation Issues in Child Custody Cases examines: whether negative outcomes of parental relocation after divorce were a result of pre-existing conflict and domestic violence whether the “best interests of the child” is an acceptable standard in relocation cases investigative models for evaluators “for the move” and “against the move” biases—and how to reduce them a format for analyzing evidence in relocation cases the risks and benefits of presumptions in family law matters and much more Relocation Issues in Child Custody Cases is an essential resource for evaluators, mediators, judges, caseworkers, child psychologists, family therapists, and child advocates.