The Psychology of Family Law最新文献

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Parenthood and Other Caregiving 父母和其他照顾
The Psychology of Family Law Pub Date : 2019-04-09 DOI: 10.18574/nyu/9781479865413.003.0006
Eve M. Brank
{"title":"Parenthood and Other Caregiving","authors":"Eve M. Brank","doi":"10.18574/nyu/9781479865413.003.0006","DOIUrl":"https://doi.org/10.18574/nyu/9781479865413.003.0006","url":null,"abstract":"Despite how difficult it is to be a parent, people still chose to take on the task of parenting. Beyond the general evolutionary and biological reasons to bear children, cognitive biases could be at play and serving as encouragement for entering into parenthood. Such cognitive biases include affective forecasting, cognitive dissonance, and the burden of choice. All parenting is difficult, but modern parenting comes with special difficulties such as the financial burdens and conflicting research and public opinion concerning parenting styles. Additionally, parenting brings about a unique legal status that has implications for employment, criminal and civil parental responsibility, other caregiving involvement, and educational requirements.","PeriodicalId":171083,"journal":{"name":"The Psychology of Family Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127702789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Becoming a Parent and “Making” a Family 成为父母和“组建”一个家庭
The Psychology of Family Law Pub Date : 2019-04-09 DOI: 10.18574/nyu/9781479865413.003.0005
Eve M. Brank
{"title":"Becoming a Parent and “Making” a Family","authors":"Eve M. Brank","doi":"10.18574/nyu/9781479865413.003.0005","DOIUrl":"https://doi.org/10.18574/nyu/9781479865413.003.0005","url":null,"abstract":"How we define who are the members of our family is evolving. With the medical advancements of assisted reproductive technology there are now more avenues for someone to become a parent. In contrast, adoption has deep roots in history, but there are new issues. For example, we know more about the stigma of adoption and racial, or cultural, issues related to adoption. Case law on wrongful adoption also raises important issues about the mental and physical health of a child. We also have more ways to avoid or control reproduction with contraception and greater access to abortions. With each of these constants, or advancements, there are important psychological and legal antecedents and consequences to consider.","PeriodicalId":171083,"journal":{"name":"The Psychology of Family Law","volume":"288 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124849343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Barriers to Marriage 婚姻的障碍
The Psychology of Family Law Pub Date : 2019-04-09 DOI: 10.18574/nyu/9781479865413.003.0002
Eve M. Brank
{"title":"Barriers to Marriage","authors":"Eve M. Brank","doi":"10.18574/nyu/9781479865413.003.0002","DOIUrl":"https://doi.org/10.18574/nyu/9781479865413.003.0002","url":null,"abstract":"In the U.S., individual states hold the power of marriage regulation and decide who can and cannot get married. As such, a number of barriers to marriage either are, or historically have been, in place throughout the states. Past barriers are those like physical and mental conditions the states once viewed as risky for reproductive purposes. Barriers also included race and sexual orientation with some states throughout different periods of history restricting interracial and same-sex marriages. Today, barriers are still in place for young age, incest, polygamy/bigamy, fraud, and duress. Personal attitudes and public opinions seem to be the main driving forces behind the changing landscape of past marital barriers. Psychological research has also played a role by informing public opinion.","PeriodicalId":171083,"journal":{"name":"The Psychology of Family Law","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122511757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Dissolution of Marriage 解除婚姻关系
The Psychology of Family Law Pub Date : 2019-04-09 DOI: 10.18574/nyu/9781479865413.003.0007
Eve M. Brank
{"title":"Dissolution of Marriage","authors":"Eve M. Brank","doi":"10.18574/nyu/9781479865413.003.0007","DOIUrl":"https://doi.org/10.18574/nyu/9781479865413.003.0007","url":null,"abstract":"Not all marriages last and unlike other personal relationships, the dissolution of a marriage requires legal involvement to end the relationship. A divorce not only severs a marriage, but it also introduces legal involvement. That legal involvement is in the form of state laws that define how divorces are granted, whether the couple needs to have a formal separation before a divorce can be granted, how property should be divided upon dissolution, and whether formalized spousal financial support should commence. Although the law is involved in each of these issues, there are now more opportunities for the use of alternative dispute resolution options rather than traditional court settings that attempt to give more of the decision making back to the couple.","PeriodicalId":171083,"journal":{"name":"The Psychology of Family Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125639477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Child Custody, Visitation, and Support 儿童监护,探视和赡养
The Psychology of Family Law Pub Date : 2019-04-09 DOI: 10.18574/nyu/9781479865413.003.0008
Eve M. Brank
{"title":"Child Custody, Visitation, and Support","authors":"Eve M. Brank","doi":"10.18574/nyu/9781479865413.003.0008","DOIUrl":"https://doi.org/10.18574/nyu/9781479865413.003.0008","url":null,"abstract":"One of the most contentious, and recently evolving, components of a divorce agreement involves custody of the children. And, this area of family law has been particularly influenced by psychology and other social science research. The guiding principle is that of the best interest standard, which requires an inquiry that goes beyond concrete legal rules that relies on psychological principles and often introduces psychological experts into the legal setting. Those experts can aid with custody arrangements and understanding the potential impact of the divorce on the children. Legal rules define and provide guidelines for financial child support. Finally, newer areas within the law of custody focus on grandparent involvement in their grandchildren’s lives and the newer area within family law of pet custody.","PeriodicalId":171083,"journal":{"name":"The Psychology of Family Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131939533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Getting, Being, and Staying Married 结婚,结婚,保持婚姻
The Psychology of Family Law Pub Date : 2019-04-09 DOI: 10.18574/nyu/9781479865413.003.0004
Eve M. Brank
{"title":"Getting, Being, and Staying Married","authors":"Eve M. Brank","doi":"10.18574/nyu/9781479865413.003.0004","DOIUrl":"https://doi.org/10.18574/nyu/9781479865413.003.0004","url":null,"abstract":"Marriage changes the legal status of a relationship in a unique way. Individuals’ adjusting to such a changes can be supported by active premarital education or counselling. Additionally, there are legal requirements to effect the status change of going from nonmarried to married. Those requirements are rather simple and generally only require a license and solemnization. One exception is that of the narrowly defined common law marriage. Being married brings with it a number of legal privileges and protections, and also responsibilities and liabilities. For example, there are marital privileges related to property, taxes, medical decisions, torts, and evidence. In the instance of spousal rape, there is a marital privilege for the perpetrator but not the victim.","PeriodicalId":171083,"journal":{"name":"The Psychology of Family Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122630816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Intimate Partner Violence, Child Maltreatment, and Elder Maltreatment 亲密伴侣暴力、虐待儿童和虐待老人
The Psychology of Family Law Pub Date : 2019-04-09 DOI: 10.18574/nyu/9781479865413.003.0009
Eve M. Brank
{"title":"Intimate Partner Violence, Child Maltreatment, and Elder Maltreatment","authors":"Eve M. Brank","doi":"10.18574/nyu/9781479865413.003.0009","DOIUrl":"https://doi.org/10.18574/nyu/9781479865413.003.0009","url":null,"abstract":"Despite the general principles of parental autonomy and privacy, domestic violence and child maltreatment invite police, lawyers, social workers, and judges into the most intimate spaces within a family. Domestic violence is described in terms of intimate partner violence, child maltreatment, and elder maltreatment. Because these topics would be sufficient for an entire separate book, this chapter focuses on the following specific issues related to these forms of domestic violence: domestic violence courts, corporal punishment, obesity as neglect, termination of parental rights, informal caregiving for elders, and mandatory reporting laws for elder maltreatment.","PeriodicalId":171083,"journal":{"name":"The Psychology of Family Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122312708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Leading Up to Marriage and Family 通向婚姻和家庭
The Psychology of Family Law Pub Date : 2019-04-09 DOI: 10.18574/nyu/9781479865413.003.0003
Eve M. Brank
{"title":"Leading Up to Marriage and Family","authors":"Eve M. Brank","doi":"10.18574/nyu/9781479865413.003.0003","DOIUrl":"https://doi.org/10.18574/nyu/9781479865413.003.0003","url":null,"abstract":"Being married and having children brings certain legal responsibilities and privileges. The current chapter addresses dating and other activities that occur prior to marriage or are related to getting married. In U.S. culture, dating is an important step before marriage and has undergone extreme changes throughout the past century. Once there is a promise to marry other issues are important to consider such as prenuptial agreements, breaches of promise to marry, and the choice of surname for one or both members of the marrying couple. Of course, not all individuals or romantic couples choose marriage. Rates of nonmartial cohabitation rates have continued to rise. These generational changes in premarital and nonmartial behaviors have important implications for contextualizing the current status of marriage.","PeriodicalId":171083,"journal":{"name":"The Psychology of Family Law","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115615966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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