visitation fall under family law Research Essay

Visitation cases come under the purview of family law. I would start my study by outlining the case’s legal issues using the D.I.S.P.U.T.E. model, (Pierce, Tonya). I will be able to: name all the parties involved, pinpoint the location and date of the conflict, name any relevant items, arrange the events sequentially and comprehend them, take into account any potential opposing legal arguments, and assess the legal remedy demanded in the case. I would then look for legal databases that have legislation and case law from across the US such as Justia or the Cornell Legal

Information Institute. The search terms to use would include: Kinship, Reconciliation, Parenting Plan, Obligation, Mediation, Trust, Zero-Tolerance Policy, Visitation right, Subpoena, Liability, Guardian, Family Law, and Affidavit. To ensure that the case will not be reversed, remanded or overturned, I would use Shepards to double check case law and be sure, (Pierce, Tonya). Through such, the case would be a strong one.

2. What primary authority would you research? Statute, case law or both?

The primary authority that I would research would be both statutes and case laws. This is because, statutes, which contain many family law statutes, are the result of a legislative process can be changed. Judge’s legal opinions (case laws) also cover many legal disputes. Combining the two is therefore crucial to have a strong case that supports the grandmother’s claims.

Would you use secondary authority? If so why?

The secondary authority to refer to would be mainly law review articles. This is because contested visitation cases are complex. The requirements include parent’s marital status and the child’s interests, (“Visitation Rights Of Grandparents - Custody_Famlaw_Selfhelp”). Studying law review would help clarify issues and offer a good line of argument.

Do you think that states or the federal government should dictate the minimum age requirement, license requirements or blood test?

In my opinion, the state has a right to dictate some terms in marriage. This is premised on the substantial interest that a state has in each of the individuals bound by marriage contract. It is hazardous to an individual and public safety every time an incompetent person is given a drivers license or a sick person is allowed to transmit illnesses or other genetic disorders through marriage before testing,(Iasilli Louis G.). These requirements are therefore necessary.

Briefly, discuss whether you think protective orders are effective.

Protective orders in my view are not effective. Whereas it is unfortunate in Cade’s case that they were lifted, they would not have stopped a determined offender from committing a crime. I base this argument on the case of Alison Kirby vs Christopher McCann. Although Alison was granted protection, she suffered the same fate as Cade, (Goodmark, Leigh). There is a need to put more safeguard to guarantee protection.

Is enough being done to end domestic violence against women?

In Addressing Domestic Violence Against Women: An Unfinished Agenda, Kaur, and Garg intimate that women are yet to be liberated, (Kaur, Ravneet, and Suneela Garg). Although there are laws, enforcement is not sufficient. The socialization of women into gender roles disempowers them against coming out when oppressed. Emotional and physical abuse thus still occurs. Cultural norms need changing, attitudes and legal provisions need long-term follow up.

Factors that have contributed to the increase in divorce rates since 1970?

Divorce is increasing in the US. The map shows places where divorce rates are highest, (Reich, Ashley). I consider two major contributory factors: First, are changes in law that make divorce common and acceptable and secondly societal changes that include; women empowerment, secularization that demotes religious values, increased lifespan that increases chances of disagreement, and increased expectations especially by women.

Divorce rates in the United States are increasing and threatening the stability of the family institution. Briefly, discuss why you agree or disagree.

The assessment that the stability of the family is under threat due to divorce is true since it affects children and parents in many ways. These include financial and emotional implications especially for women and loss of intimacy, finance and social connection for men. Children would suffer most which can be seen in school performance, anger, poor socialization and impulsive behavior, (Demo, David H. et al.). Such threats, therefore, undermine the very foundation upon which the family is instituted.

Works Cited

“Visitation Rights Of Grandparents - Custody_Famlaw_Selfhelp.” Courts.Ca.Gov, 2017, http://www.courts.ca.gov/17976.htm.

. Demo, David H. et al. “Divorce - Effects On Children, Effects On Couples, Effects On Parents.” Family.Jrank.Org, 2011, http://family.jrank.org/pages/413/Divorce.html.

Castaneda, Ruben. “’He Said He Wanted To Fry Me Like Crisco Grease’.” Washingtonpost.Com, 2006, http://www.washingtonpost.com/wp-dyn/content/article/2006/04/25/AR2006042502034.html.

Iasilli, Louis G. “The Pre-Marital Blood Test Law.” St. John’s Law Review 13.1 (2014): 30.

Kaur, Ravneet, and Suneela Garg. “Addressing Domestic Violence Against Women: An Unfinished Agenda.” Indian Journal Of Community Medicine, vol 33, no. 2, 2008, p. 73. Medknow, doi:10.4103/0970-0218.40871.

Pierce, Tonya. “Strategies For Conducting Legal Research.” Agilelaw, 2017, https://www.agilelaw.com/blog/legal-research-strategies/.

Reich, Ashley. “This Map Of U.S. Divorce Rates Shows Where Marriages Go To Die.” Huffpost UK, 2013, http://www.huffingtonpost.com/2013/11/04/us-divorce-rate_n_4184261.html.