Adoption.
Adoption law is
largely state law. The parent-child relationship established by adoption,
however, may have direct consequences in areas of Federal law affected by family
status such as Social Security. All 50 states have statutes governing adoption
as defined under the Uniform Adoption Act (http://www.law.cornell.edu/uniform/vol9.html#adopt). The code
defines the process by which a legal parent-child relationship is created
between individuals without biological relation. In some states, doctrines of
"equitable adoption" allow courts to recognize adoptions when not all statutory
procedures have been carried out.
Divorce Law
There are two types of divorce-- absolute
and limited. An absolute divorce, (also called a "divorce a vinculo matrimonii"
is a judicial termination of a marriage based on marital misconduct or other
statutory cause arising after the marriage ceremony. As a result of an absolute
divorce both parties' status becomes single again.
Several jurisdictions' statutes authorize limited divorces, or "divorce a
mensa et thoro." The consequences of limited divorces vary from state to state.
Typically, a limited divorce is commonly referred to as a separation decree; the
right to cohabitation is terminated but the marriage is undissolved and the
status of the parties is not altered.
Many states have enacted what is called no-fault divorce statutes. This is a
response to outdated common law divorce which required proof in a court of law
by the divorcing party that the divorcee had done one of several enumerated
things as sufficient grounds for the divorce. This entailed proving that the
spouse had committed adultery, or some other unsavory act. No-fault divorce
eliminates this potentially embarrassing and undesirable requirement by
providing for the dissolution of a marriage on a finding that the relationship
is no longer viable. It is hard to tell whether no-fault divorce statutes are
the cause or an effect of the rising national divorce rate in America. Look to
various state laws (http://www.law.cornell.edu/topics/Table_Divorce.htm) for
divorce law information.
Child Custody
In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who shall have custody of children from the marriage. (The authority to do so is considered part of the original jurisdiction of the court, and not as a new authority being conferred upon them.) Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate.
Like other aspects of family law, most law in this field is state rather than federal.
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