Chapter
4. The Insignificance of the Parent-Child Relationship to Defining Adult Obligations
5. The Lingering Stigma of Illegitimacy
Chapter Summary and Conclusion
3 The Inadequacy of Existing Constructs
3. The Marriage Enthusiasts
D. Parent-Child Relationship
1. Derivative Obligations
2. Constitutionally Mandated Reform
Chapter Summary and Conclusion
4 Reform Efforts: Slowly Moving Forward
A. The Influence of Marriage on Mainstream Reform Efforts
1. The American Law Institute
B. The Attempts to Affect the Taxonomy
1. Increasing the Relevance of Parenthood to Marriage: Mead, Younger, and Scott
2. Reducing the Importance of Marriage: Fineman, Polikoff, and Rosenbury
C. The Emerging Discourse of Parent-Partners
1. The General Population
3. Focusing on Obligations Triggered by Parenthood: Huntington and Motro
Chapter Summary and Conclusion
5 The New Status in Theoretical Perspective
B. Private Rights and Obligations between Parent-Partners
1. Contrasted with a Public Law Approach
2. A Glimpse into the Future
Potential Benefits to Third Parties: Conflict-of-Interest Rules
Potential Benefits to the Government: Social Security
C. An Ascriptive Approach
1. Contrasted with a Contractual Approach
2. Contrasted with an Opt-In Approach
3. Contrasted with an Opt-Out Approach
D. The Bases for Relational Obligations
Questions and Concerns about Voluntary Commitment
Intended, Committed Parenting: The Wrong Line
E. Celebrating the Relational Obligations
Chapter Summary and Conclusion
6 The Benefits of the New Status for Children
A. Direct Benefits to Children from the Parent-Partner Status
1. Vivian and Gary: A Duty to Aid
2. Naomie and Roosevelt: Domestic Violence
3. Herman and Aswanni: Relationship Work at the Transition to Parenthood
4. Anne and Clarke: Relationship Work at Dissolution
5. Catherine and Peter: Premarital Agreements
6. Sandra and Kevin: The Value of Caregiving
B. Indirect Benefits to Children from the Parent-Partner Status
1. The Quality of the Parental Relationship Impacts Children
2. The Co-parent Relationship: An Important Subset of the Parents’ Broader Relationship
After the Romantic Relationship Ends
Why a Supportive Co-Parenting Relationship after Breakup Benefits Children.
The Post-Romantic Co-Parenting Relationship as Part of the Larger Relationship.
Co-parenting during the Romantic Relationship
3. Financial Implications
5. Social Norms and Identity Theory
The Theoretical Framework
The Relationship between the Law and Identity Theory
Chapter Summary and Conclusion
7 The Benefits of the New Status for the Community
A. Deterring Ill-Advised Conception
The Absence of a Moral Message Today
Failed Efforts to Create a Moral Message
Intended Pregnancies for the Wrong Reasons
Parenthood Images Do Not Fill the Gap
“Love” Does Not Fill the Gap
2. The Selection of Sex Partners
The Lack of Existing Criteria
The Evolutionary Conundrum
4. Obstacles to the Parent-Partner Status Influencing Childbearing
1. Fairness between Men and Women
2. Fairness between Married, Unmarried, and Divorced Parents
3. Fairness between Marital and Nonmarital Children
C. Autonomy and Other Considerations
Chapter Summary and Conclusion
8 Ambitions for the New Status
The Role of the Parent-Partner Status
But Does the Law Really Matter?
4. Selfish Behavior as an Obstacle to Love
B. Fostering Civic Virtue
1. The Meaning of Civic Virtue
2. The Methods of Inculcating Civic Virtue
Modeling the Qualities of a Good Government
Modeling the Qualities of a Virtuous Citizen
3. The Role of the Parent-Partner Status
Modeling the Qualities of Good Government
Modeling the Qualities of a Virtuous Citizen
4. The Necessity of Marriage
Living Together as a Necessary Prerequisite to Socialization
Obedience to the Unenforceable
Marriage as a Buffer from Government Power
Chapter Summary and Conclusion
9 New Nonmonetary Obligations
1. Civil Protection Orders
Qualifying Relationships for Protection Orders: Parent-Partnerhood and Pregnancy
New Grounds for Protection Orders: Psychological Abuse
The Need to Define “Psychological Abuse"
Reforming the Stay-Away Requirement
2. The Criminal Law: Punishing the Physical Abuse of a Parent-Partner
Chapter Summary and Conclusion
10 A New Relationship Work Obligation
A. Relationship Work as a Phenomenon
1. Government-Supported Relationship Work
Going to Court to Enforce the Obligation
The Remedy for Noncompliance
The Cost of Relationship Work
B. Relationship Work upon a Child’s Birth
C. Relationship Work at Breakup
1. Encouraging Couples to Stay Together
Tightening Divorce Laws: A Bad Idea
Reconciliation Counseling: A Good Idea
Confronting the Covenant Marriage Experience
Confronting the Experience of the Conciliation Courts
2. Easing the Transition to a Non-romantic Relationship
The Importance of an Inter Se Legal Obligation
Practical, Policy, and Constitutional Concerns
Chapter Summary and Conclusion
11 New Obligations with Financial Implications
A. Contracts between the Parents
1. Examples of Unfairness
3. The Incompleteness and Rigidity of Reform Proposals
The ALI’s Proposal and Its Problems
Compensatory Spousal Support
Scholars’ Thoughts: Limits on Eligibility and Guidelines
4. Remedying the Unfairly Disproportionate Allocation of Caregiving
The General Obligation to Give Care or Share
The Factors That Make Disproportionate Caregiving “Unfair”
The Time Each Parent Has Spent Working in the Market and the Home
The Allocation of Home Work and Market Work between the Parents
The Noneconomic Costs and Benefits.
The Living Arrangement of the Couple
Any Agreement, Explicit or Implicit, Regarding the Allocation of Market and Home Work ...
Theoretical Tools That Should Help Judges Determine the Remedy
5. Potential Disadvantages
Possible Concerns of Obligors
Possible Concerns of Feminists
Effects during the Romantic Relationship
Effects after the Romantic Relationship
Chapter Summary and Conclusion
12 Possible Concerns about the Parent-Partner Status
A. Would the Status Encroach Too Much on Individual Autonomy?
1. The Constitutional Claims
The Right to Have Legally Unencumbered Sex: Wishful Thinking
The Right Not to Associate: Sometimes, Maybe
Furthering Children’s Best Interests
The Strength of the Concern
The Dark Side of Autonomy
B. Would the New Status Disadvantage Women?
1. The Privatization of Dependency and the Entrenchment of Gender Roles
2. A Specific Concern: Child Custody
3. A Specific Concern: Single Mothers by Choice
C. Would the Status Disadvantage Children?
1. Would the Status Increase Abortion and Nonmarital Births?
2. Would the Status Decrease the Number of Legal Fathers?
Chapter Summary and Conclusion
1. The Disconnect between the Facts and the law
2. The Absence of a Parent-Partner Status
3. The Inadequacy of Existing Constructs
4. Reform Efforts: Slowly Moving Forward
5. The New Status in Theoretical Perspective
6. The Benefits of the New Status for Children
7. The Benefits of the New Status for the Community
8. Ambitions for the New Status
9. New Nonmonetary Obligations
10. A New Relationship Work Obligation
11. New Obligations with Financial Implications
12. Possible Concerns about the Parent-Partner Status
A Parent-Partner Status for American Family Law
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