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Jason Eric A. Ancheta

Mrs. McMennamy

Academy Capstone - Period 1

24 October 2017

Synthesis Essay #3 - Modern Family Law

The Marriage Relationship established by the courts evolves as times change and society

progresses forward. As a result, the rules of family law do not remain the same but gradually

adapt to new circumstances. As this evolution plays out, the legal code begins establishing new

precedents and standards for determining certain verdicts. Modern family law is necessary

within this practice because it plays a specific role in the larger U.S. judiciary. This role allows

it to resolve conflict in a difficult field of practice. The changes in modern family law allow the

legal codes to encompass more comprehensive boundaries in the midst of evolving societal

issues, hold more parameters in conjunction with family justice instead of the frequent domestic

disputes, and define family laws function in the larger context of the legal world.

Recognizing family laws larger role in the modern society is difficult at times. As

discussed in the Marriage Relationships definitions, our society has the ability to redefine

certain codes that have existed since the conception of family legal codes. Still, maintaining the

family codes integrity relies on how the courts present these changes when modifying the

individual sections of the codes definitions. Mrs. Singer, an Associate Professor of Law at the

University of Maryland Law School, makes this easier to understand by using the specific

example of adoption stating, Traditionally, in agency adoptions, the birth parents play little or

no role in selecting adoptive parents and have no contact with the adoptive parents once they
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have been selected by the agency. This is changing, however, largely in response to competition

from private placement adoption. As family law progresses, it must adapt to meet the demands

of the people that abide by its policies. Even if biological parents never had this active role in

determining adoption verdicts in the past, this is no longer the case. Professor Singer explains

further that comparing legal adoption with its alternatives is the turning point that allowed for

this change concluding that, Private-placement adoption differs from illegal baby-selling

primarily in that payments to the birth mother are limited to her pregnancy-related expenses, and

payments to the intermediary (if any) are restricted to the provision of professional services. The

line between such permissible and impermissible payments, however, is often difficult to draw.

State laws differ substantially on what qualifies as a compensable pregnancy-related expense on

the part of the birth mother. As the circumstances associated with issues like adoption start

changing, provisions in the legal codes allow the law to stay flexible and address matters like

these while still preserving the integrity of the codes original purpose. Even if the law has

difficulty in implementing the perfect solution to solve for all the problems present in these

circumstances, the family code makes every effort to ensure that the adoptions occur under just

conditions. As a result, this gives the family court legitimacy despite the changing landscape

present in these family matters.

Another aspect of family law that has started to surface in its recent cases is the necessity

for multidisciplinary approaches within family law cases. When analyzing the recent changes

within family law, all modifications that allow the legal codes to stay flexible are centered

around family laws new perspectives when regarding the standard cases that are ordinary within

this field. One such development is apparent when examining the impacts of social science
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research on family matters. A change in perspective gives family law more insight since,

knowledge gained from social sciences relevant to family issues can assist with developing this

expanded focus for decision-makers. In addition, competence in a variety of disciplines,

particularly for those engaged in family law, is critical for family law to achieve legal realism, or

to become more reflective of and responsive to social realities (Babb, "Perspective"). The

concept of legal realism is at the center of making family law relate to ordinary peoples lives.

By helping others understand the risks associated with any family court issue, it allows them to

stay informed not simply about family law, but also get familiarized with issues that may surface

in their own lives at some point. Maintaining a legal code that reflects the societys needs at a

given point in time is necessary to ensure proper justice for every individual. It is easy to see this

need for legal realism in the context of family finances. For example, One challenge courts face

that requires their increasing regulation in family dissolution cases is determining the economic

consequences for family members. While enactment in all states of child support guidelines has

removed significantly the element of judicial discretion in establishing child support and

generally has resulted in higher and more consistent child support awards, the poor rate of

collection of child support from noncustodial parents represents a substantial deprivation to

children's lives, as well as an example of a serious failing of the current court system (Babb,

"Perspective"). Financial obligations in the context of a divorce are often areas of heated

dispute. Still, the law maintains a sense of pragmatism in the face of this tension by continuing

to provide for the childs needs despite the complexity of the situation. This allows the law to

not just adapt and solve issues, but also hold more parameters for family justice in the midst of

this conflict.
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At the larger level, all of these provisions ultimately allow family law to maintain its role

in the larger US judiciary. Neglecting these roles is impossible for family courts because

although, Many courts call themselves "family courts" without fully considering the

implications of that term, while others consolidate their treatment of family legal matters without

specifically calling themselves family courts, the notion of a family court suggests a separate

court or a separate division of a state court of general jurisdiction that exercises comprehensive

subject matter jurisdiction over all legal issues related to children and families (Babb,

"Blueprint"). This being the case, family law is one of the most important fields to consider

within the American court system. Dealing with issues like these is already complicated with

legal codes in place, and would only become impossible without these parameters. The other

aspect of family law that separates it from other law practice is that, if the appeal court is

persuaded that a judge took into account all the relevant factors and produced a reasonable

conclusion, it will uphold the judgement, even though the court itself might have reached a

different conclusion. In short, in family law, there is often not a clear right or wrong answer

(Herring). While this does not mean that a verdict at a lower level of court does not matter, it

simply means that interpretation within this court of law is especially subjective depending on a

given case. It is true that precedence still play a role in determining verdicts, but it is hardly

concrete when deciding on matters like that. This, however, is the reason why family law is

especially unique.
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Works Cited

Babb, Barbara A. "An interdisciplinary approach to family law jurisprudence: Application of an

ecological and therapeutic perspective." Ind. LJ 72 (1996): 775.

Babb, Barbara A. "Fashioning an interdisciplinary framework for court reform in family law: A
blueprint to construct a unified family court." S. Cal. L. Rev. 71 (1997): 469.

Herring, Jonathan. An Introduction to Family Law. Beginning Family Law, Routledge, Taylor
& Francis Group, 2015. Print. 24 August 2017.

Singer, Jana B. "The privatization of family law." Wis. L. Rev.(1992): 1443.