Author : Margaret M. Mahoney
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Book Synopsis Stepfamilies and the Law by : Margaret M. Mahoney
Download or read book Stepfamilies and the Law written by Margaret M. Mahoney and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of nontraditional families is, and continues to be, an important social and legal issue on the national agenda. For those researching and interested in one particular type of nontraditional family - stepfamilies - Mahoney's book, Stepfamilies and the Law (University of Michigan Press, 1994), continues to be an invaluable resource. Mahoney's work provides in-depth details and analysis of the state of family law in the United States and she addresses the problems of the existing family law system and the need for legislators to take action to improve it. The traditional system of family law is premised on the important assumption that the biologic mother and father have exclusive relationships with their children. Within this framework, the legal recognition of stepparent-child relationships calls into question established social and legal assumptions about the family. Stepfamily members and others seeking a broader legal definition of the family have frequently encountered stiff resistance, because their position is viewed as a threat to traditional family values. Each time the question of legal status for stepparents and stepchildren is raised, the particular lawmakers appear to balance anew all of the interests regarding stability and protection for stepfamily members, on the one hand, against reluctance to complicate the system by moving away from the preference for the nuclear family. Different weight has been assigned to these competing values, depending upon the particular legal context and the philosophical disposition of the decision-maker. The overall result of this process is an unsettling lack of consistency from issue to issue and from state to state in the legal definition of the stepfamily. Still, it is fair to summarize the current law as denying legal recognition to stepfamilies, subject to a number of specific judicial and legislative exceptions in the laws of each state. The increasing number of individuals who are living in nontraditional families, especially stepfamilies, is necessarily changing the way in which Americans think about the family. For lawmakers, the task of translating these social realities into a responsive system of family laws in the future is a challenging one. Only when this challenge has been met will the basic goals of the family law system be realized for the families of the twenty-first century.