Family law is an area of the law that deals with family matters and domestic relations.
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
Paternity law refers to body of law underlying legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other as well as to others. A child's paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father's title or surname, as well as the biological father's rights to child custody in the case of separation or divorce and obligations for child support.
Parental alienation is a theorized process through which a child becomes estranged from one parent as the result of the psychological manipulation of another parent. The child's estrangement may manifest itself as fear, disrespect or hostility toward the distant parent, and may extend to additional relatives or parties. The child's estrangement is disproportionate to any acts or conduct attributable to the alienated parent. Parental alienation can occur in any family unit, but is claimed to occur most often within the context of family separation, particularly when legal proceedings are involved, although the participation of professionals such as lawyers, judges and psychologists may also contribute to conflict.
Parental alienation syndrome (PAS) is a term introduced by child psychiatrist Richard Gardner in 1985 to describe signs and symptoms he believed to be exhibited by children who have been alienated from one parent through manipulation by the other parent. Proposed symptoms included extreme but unwarranted fear, and disrespect or hostility towards a parent. Gardner believed that a set of behaviors that he observed in some families involved in child custody litigation could be used to diagnose psychological manipulation or undue influence of a child by a parent, typically by the other parent who may be attempting to prevent an ongoing relationship between a child and other family members after family separation or divorce. Use of the term "syndrome" has not been accepted by either the medical or legal communities and Gardner's research has been broadly criticized by legal and mental health scholars for lacking scientific validity and reliability.
Richard Alan Gardner was an American child psychiatrist known for his work in psychotherapy with children, parental alienation and child custody evaluations. Based on his clinical work with children and families, Gardner introduced the term parental alienation syndrome (PAS), which is now "largely rejected by most credible professionals". He wrote 41 books and more than 200 journal articles and book chapters. He developed child play therapy and test materials that he published through his company Creative Therapeutics. Gardner was an expert witness in child custody cases.
Joint custody is a court order whereby custody of a child is awarded to both parties. In the United States, there are two forms of joint custody, joint physical custody and joint legal custody. In joint physical custody, the lodging and care of the child is shared according to a court-ordered parenting schedule with equal or close to equal parenting time. In joint legal custody, both parents share the ability to make decisions about the child, regarding e.g. education, medical care and religion, and both can access their children's educational and health records.
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.
Richard A. Warshak is an American clinical and research psychologist and author. He is best known for his research and advocacy in the areas of child custody, shared parenting, and claims of parental alienation in the context of divorce. Warshak has written two books, The Custody Revolution, and Divorce Poison: Protecting the Parent-Child Bond From a Vindictive Ex, and the updated edition, Divorce Poison: How to Protect Your Family from Bad-mouthing and Brainwashing.
Carol Ann Corrigan is an associate justice of the California Supreme Court. She is a former prosecutor.
The fathers' rights movement has simultaneously evolved in many countries, advocating for shared parenting after divorce or separation, and the right of children and fathers to have close and meaningful relationships. This article provides details about the fathers' rights movement in specific countries.
A noncustodial parent is a parent who does not have physical custody of his or her minor child as the result of a court order. When the child lives with only one parent, in a sole custody arrangement, then the parent with which the child lives is the custodial parent while the other parent is the non-custodial parent. The non-custodial parent may have contact or visitation rights. In a shared parenting arrangement, where the child lives an equal or approximately equal amount of time with the mother and father, both are custodial parents and neither is a non-custodial parent.
Child abduction or child theft is the unauthorized removal of a minor from the custody of the child's natural parents or legally appointed guardians.
A gatekeeper parent, in legal setting, is a parent who appoints themself the power to decide what relationship is acceptable between the other parent and the child(ren). The term is broad and may include power dynamics within a marriage or may describe the behaviors of divorced or never married parents.
Landeros v. Flood was a 1976 court case in the state of California involving child abuse and alleged medical malpractice.
The term international child abduction is generally synonymous with international parental kidnapping,child snatching, and child stealing.
International child abduction in Brazil comprises cases in which the removal of a child by one of the joint holders of custody or non-custodial or contested parents to Brazil in contravention of other laws of other countries and/or the desires of other custody claimants. The phenomenon of international child abduction is defined in international law and legislated on by the Hague Convention on the Civil Aspects of International Child Abduction, which entered into force in Brazil on January 1, 2000, and aims to trace abducted children, secure their prompt return to the country of habitual residence and organize or secure effective rights of access. In 2010 Brazil was accused by the US State Department of being non-compliant with the Hague Convention.
Bina Deneen (1868–1950), born Bina Maloney, was the first two-term first lady of Illinois, and the first to give birth in the Illinois Executive Mansion. She was the wife of Charles S. Deneen. Known at the time as "the ideal wife for a governor" for her calm and unassuming style, she was also an active participant in her husband's campaigns, and in the woman's club movement.
Santosky v. Kramer, 455 U.S. 745 (1982), is a Supreme Court case involving the burden of proof for the revocation of parental rights. The case arose when the Ulster County, New York, Department of Social Services sought to revoke John Santosky II and Annie Santosky's parental rights to their three children. Under Section 622 of the New York State Family Court Act, the state was permitted to revoke parental rights to a natural child if, after a fair preponderance of the evidence, a court found "permanent neglect." The New York State Family Court found such neglect by using the "fair preponderance" standard. The Appellate Division of the New York Supreme Court upheld the constitutionality of the burden of proof used.
Janet Leigh Meik Wright is an American legal scholar who has taught community property, estate planning and non-profit institutions at the University of Southern California, University of California, Los Angeles, and University of California, Davis.
