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Family Law-MOR - FAMILY LAW Fr Coughlin Spring 2001 Family...

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FAMILY LAW Fr. Coughlin Spring 2001
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Family Law Fr. Coughlin TABLE OF CONTENTS I. THE NATURE OF MARRIAGE AND FAMILY A. HISTORICAL BACKGROUND 4 1. Roman Law 2. Early Christian Literature 3. Augustine to Aquinas 4. Reform and the Common Law, Note (30-31) B. K AND/OR STATUS? 4 C. GOVERNMENT REGULATION OF MARRIAGE AND OTHER INTIMATE RELATIONSHIPS? 4 1. General Theory of Government Regulation 2. Capacity to Marry D. VOID/VOIDABLE DISTINCTION 4 1. The Distinction, NYDRL §§ 5, 6, & 7 2. Rule of Gaines v. Joacobsen E. PROMISES, GIFTS, LICENSE AND CEREMONY 4 1. Promise to Marry 2. Gifts in Contemplation of Marriage 3. License and Ceremony, NYDRL §§ 11, 12, & 13 F. COMMON LAW MARRIAGE 4 1. Curative Device or State Imposition? 2. Conflict of Laws G. CONTEMPORATY TENDENCIES 4 1. Making Your Own Deal 2. Western Marital Trends H. RIGHTS AND DUTIES IN THE FAMILY 4 1. Names 2. Support 3. Testimonial Privilege 4. Tort Immunity I. CRIMES BETWEEN SPOUSES 4 1. Marital Rape and Sexual Assault 2. Spousal Property 3. N.Y. Family Offenses Proceedings: Art. 8, FCA 2
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Family Law Fr. Coughlin II. MARRIAGE DISSOLUTION AND ITS FINANCIAL CONSEQUENCES A. DIVORCE, NYDRL §§ 170, 173 1. Cruel and Inhuman Treatment 2. Abandonment 3. Adultery 4. “No Fault” Concept B. SEPARATION, NYDRL § 200 C. JURISDICTION 1. Full Faith and Credit 2. In Personam Jurisdiction 3. Comity 4. Child Support D. PERMANENT AND REHABILITATIVE ALIMONY E. E.D. 1. Marital Property 2. Five Steps Following NYDRL § 236, Part B 3. Child Support 4. Ante-Nuptial and Post-Nuptial Agreements III. PARENT, CHILD AND THE STATE 17 A. ESTABLISHING PARENTAGE 1. Legitimate and Illegitimate Status 2. Putative Parent 3. Artificial Insemination, In Vitro Fertilization and Surrogacy 4. N.Y. Paternity Proceedings, Art. 5 FCA B. PARENTAL RIGHTS AND RESPONSIBILITIES 1. Educating Children 2. Children and Parental Control 3. Medical Treatment C. CUSTODY 1. Best Interest of the Child 2. Foster Care 3. Jurisdiction D. TERMINATION OF PARENTAL RIGHTS 1. Process 3
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Family Law Fr. Coughlin 2. Relation to Art. 10 Proceedings, NYFCA 3. Abused and Neglected Children 4. Abandonment 5. Mental Illness and Mental Retardation 6. Permanent Neglect 7. Severe or Repeated Abuse, SSL § 384-b (8)(a) & (b)\ E. ADOPTION 1. Effects of Adoption, NYDRL § 117, p. 1246 2. Who May Adopt? 3. Consent 4. Agency Adoption 5. Private Placement Adoption 6. Adult Adoption 7. Equitable Adoption 4
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Family Law Fr. Coughlin I. The Nature of Marriage and Family A. Historical Background 1) Roman Law When lose memory disadvantageous (metaphor) know history – tradition; Western tradtition…Roman Empire 2 Primary Concepts operative in Roman Law: a) Patria Potestas – Rome was a patriarchal society; man theoretically and legally had complete power over all others in family unit (even of life and death) only person legally recognized at law [Extended Family – large unit] complex process as to how it was decided when the Patria Potestas changed radically in last century over empire in conflict w/Christianity Patria Potestas was however no where near a correct expression or reflection of the social fabric of Roman Empire
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