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Cynthia G. Bowman, Legal Treatment of Cohabitation in the United States, 26 Law & Policy (2004).
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1What is a civil union?
What is a civil union?2Has the recognition of same-sex marriage as a constitutional right made civil unions less prevalent?
Has the recognition of same-sex marriage as a constitutional right made civil unions less prevalent?3In the context of family law, what are unmarried cohabitants?
In the context of family law, what are unmarried cohabitants?4Will most courts enforce contracts between unmarried cohabitants for support payments or property division after the relationship ends?
Will most courts enforce contracts between unmarried cohabitants for support payments or property division after the relationship ends?5Do courts tend to enforce contracts between unmarried, cohabiting same-sex couples for support payments or property division after the relationship...
Do courts tend to enforce contracts between unmarried, cohabiting same-sex couples for support payments or property division after the relationship ends?6In general, must an unmarried, cohabiting relationship be long-term, stable, and significant to support a contractual claim for support or property...
In general, must an unmarried, cohabiting relationship be long-term, stable, and significant to support a contractual claim for support or property division after the relationship ends?7In general, will courts use contract law to enforce a gratuitous promise from one member of a cohabiting, unmarried couple to provide support or to...
In general, will courts use contract law to enforce a gratuitous promise from one member of a cohabiting, unmarried couple to provide support or to divide property at the end of a relationship?8Will the courts recognize an enforceable contract for support or property division between unmarried cohabitants if sexual relations are the sole c...
Will the courts recognize an enforceable contract for support or property division between unmarried cohabitants if sexual relations are the sole consideration for the contract?9Can the provision of domestic services be considered adequate consideration to support a contractual claim for support or property division between...
Can the provision of domestic services be considered adequate consideration to support a contractual claim for support or property division between an unmarried, cohabiting couple?10Can an oral contract between unmarried cohabitants for support payments or property division be enforceable?
Can an oral contract between unmarried cohabitants for support payments or property division be enforceable?11A man and a woman were unmarried, cohabitating, romantic partners. When the relationship ended, the woman sued the man to enforce a contract for po...
A man and a woman were unmarried, cohabitating, romantic partners. When the relationship ended, the woman sued the man to enforce a contract for post-relationship support and property division. The man argued that the woman could not bring this kind of claim, because there was no written contract. The woman argued that the contract was based on the man’s oral promises to support the woman financially and give the woman the house if their relationship ended. May the woman seek to enforce this oral agreement?12Is a contract between unmarried cohabitants for property division or support enforceable if either of the parties is married to or divorced from so...
Is a contract between unmarried cohabitants for property division or support enforceable if either of the parties is married to or divorced from someone else?13A man and woman, never married, lived together as romantic partners for 10 years. During that time, the woman was married to another man who lived ...
A man and woman, never married, lived together as romantic partners for 10 years. During that time, the woman was married to another man who lived separately. The woman and her husband divorced 10 years later and divided their property amicably. The woman paid alimony to her ex-husband. One year later, when the man and woman’s relationship ended, the man sued the woman for support and property division. The man claimed that the woman promised to give the man support and property if their relationship ended under an oral contract. The woman argued that the man could not prevail because giving any property or support to the man would compromise the rights of the woman’s ex-husband. Is the woman correct?14In general, will the courts sometimes recognize implied contracts for support or property division between unmarried couples?
In general, will the courts sometimes recognize implied contracts for support or property division between unmarried couples?15For a court to enforce a contract between unmarried cohabitants for support or property division after the relationship ends, must the parties have...
For a court to enforce a contract between unmarried cohabitants for support or property division after the relationship ends, must the parties have lived together full-time?16Do a minority of jurisdictions reject contractual claims for support or property division between unmarried cohabitants?
Do a minority of jurisdictions reject contractual claims for support or property division between unmarried cohabitants?17Do some states recognize unmarried cohabitants’ rights to post-relationship support or property division as an inherent part of a cohabiting relati...
Do some states recognize unmarried cohabitants’ rights to post-relationship support or property division as an inherent part of a cohabiting relationship, separate from contract law?18What are some of the factors courts will consider in deciding whether to enforce a status-based claim to property division or support between unmar...
What are some of the factors courts will consider in deciding whether to enforce a status-based claim to property division or support between unmarried cohabitants?19Do courts sometimes use theories other than contract law or status-based rights to award support or property division between unmarried cohabitants...
Do courts sometimes use theories other than contract law or status-based rights to award support or property division between unmarried cohabitants after the relationship ends?20What is an illegitimate child?
What is an illegitimate child?21Does the U.S. Constitution protect illegitimate children from discrimination based on their illegitimate status?
Does the U.S. Constitution protect illegitimate children from discrimination based on their illegitimate status?22May the states or the federal government withhold welfare benefits from children based solely on their illegitimate status?
May the states or the federal government withhold welfare benefits from children based solely on their illegitimate status?23May the states impose a shorter statute of limitations on paternity suits for illegitimate children than for marital children?
May the states impose a shorter statute of limitations on paternity suits for illegitimate children than for marital children?24May states prohibit illegitimate children from inheriting their fathers’ property under state intestacy laws?
May states prohibit illegitimate children from inheriting their fathers’ property under state intestacy laws?25May states require parents of nonmarital children to file child-support actions within a shorter time frame than parents of marital children?
May states require parents of nonmarital children to file child-support actions within a shorter time frame than parents of marital children?26May states prohibit illegitimate children from bringing wrongful-death actions for the death of a parent?
May states prohibit illegitimate children from bringing wrongful-death actions for the death of a parent?27A mother had a 14-year-old child who was born out of wedlock. The mother petitioned the court for child support from the natural father of the chil...
A mother had a 14-year-old child who was born out of wedlock. The mother petitioned the court for child support from the natural father of the child. State law required parents of nonmarital children to file for child support within the first year of the child’s life or forfeit their rights to child support forever. State law allowed parents of children born during a marriage to file for child support until the child turned 18. The father sought to dismiss the mother’s complaint, because it was not filed within the first year of the child’s life. The trial court dismissed the complaint. The mother appealed, arguing that the differing time limits for marital and nonmarital child support were unconstitutional. Will the mother prevail?28In general, may the mother of an illegitimate child recover for the wrongful death of the child?
In general, may the mother of an illegitimate child recover for the wrongful death of the child?29May a state prevent the father of an illegitimate child from recovering for the child’s wrongful death if the father has not previously acknowledge...
May a state prevent the father of an illegitimate child from recovering for the child’s wrongful death if the father has not previously acknowledged paternity?30In general, if an illegitimate child is born outside the United States, and one parent is a U.S. citizen while the other is not, can the child be c...
In general, if an illegitimate child is born outside the United States, and one parent is a U.S. citizen while the other is not, can the child be considered a U.S. citizen?31In determining whether an illegitimate child born abroad is a U.S. citizen, may the federal government require the father, but not the mother, to t...
In determining whether an illegitimate child born abroad is a U.S. citizen, may the federal government require the father, but not the mother, to take affirmative steps to establish parentage before the child will be considered a U.S. citizen?32In general, do parents have a constitutional right to raise their own children and to direct their upbringing?
In general, do parents have a constitutional right to raise their own children and to direct their upbringing?33In general, does the father of an illegitimate child have a due-process right to raise his child if he has demonstrated an acceptance of parental r...
In general, does the father of an illegitimate child have a due-process right to raise his child if he has demonstrated an acceptance of parental responsibility by participating in the child’s upbringing?34In general, does the father of an illegitimate child have a right to visitation with the child?
In general, does the father of an illegitimate child have a right to visitation with the child?35Do the parents of an illegitimate child have a right to a hearing on their fitness as parents before their children may be removed from their custody?
Do the parents of an illegitimate child have a right to a hearing on their fitness as parents before their children may be removed from their custody?36May the father of an illegitimate child be deemed unfit to have custody of the child merely because the child is illegitimate?
May the father of an illegitimate child be deemed unfit to have custody of the child merely because the child is illegitimate?37A mother and father were the unmarried parents of a minor child. After the mother died, the state removed the child from the father’s custody witho...
A mother and father were the unmarried parents of a minor child. After the mother died, the state removed the child from the father’s custody without a hearing on the father’s fitness because the child was a nonmarital child. The father appealed the decision, arguing that the state could not rely solely on the child’s nonmarital status to remove the child from the father’s custody.Will the father prevail?38May the father of an illegitimate child sue the mother for becoming pregnant and having the child without his consent?
May the father of an illegitimate child sue the mother for becoming pregnant and having the child without his consent?39What is the presumption of legitimacy?
What is the presumption of legitimacy?40Can the presumption of legitimacy be overcome by sufficient evidence?
Can the presumption of legitimacy be overcome by sufficient evidence?41If a woman gives birth to a child after a divorce or dissolution of marriage, but within the gestational period, do most states presume that the ch...
If a woman gives birth to a child after a divorce or dissolution of marriage, but within the gestational period, do most states presume that the child is a marital child?42A man and woman were married. While the woman was pregnant with the man’s child, the couple divorced. After the child was born, the father sued the...
A man and woman were married. While the woman was pregnant with the man’s child, the couple divorced. After the child was born, the father sued the mother for shared custody of the child. The mother claimed that the child was illegitimate, because the child was born after the parents divorced and thus that the father had no parental rights to the child. The state had adopted the Uniform Parentage Act (UPA). No other individuals were claiming parental rights to the child besides the father. Will the mother prevail with her claim that the father has no parental rights to the child?43Can a presumption of legitimacy prevent a biological father from seeing his child?
Can a presumption of legitimacy prevent a biological father from seeing his child?44A mother and father were the biological parents of a child. The mother and father were never married, but the mother was married to another man whe...
A mother and father were the biological parents of a child. The mother and father were never married, but the mother was married to another man when the child was born. The state had a statute that presumed that any child born during a marriage was the child of the marriage. Therefore, the state recognized the mother’s husband as the child’s only legal father. Will the biological father succeed if he petitions the court for visitation rights with the child?45A man and woman were the divorced parents of one child who was born during their marriage. The man had primary custody of the child, and the woman ...
A man and woman were the divorced parents of one child who was born during their marriage. The man had primary custody of the child, and the woman had periods of custody with the child on weekends. The woman told the man that she had had an affair during the marriage and that the child’s biological father was the person with whom she had the affair. The biological father petitioned for custody of the child. The man and woman both objected. Assuming the state follows the presumption of legitimacy for child custody cases, will the biological father prevail?46If someone’s parentage of a child is legally established, does that person have an obligation to support the child financially?
If someone’s parentage of a child is legally established, does that person have an obligation to support the child financially?47Can a presumption of legitimacy be used to impose child-support obligations on someone who might not be the biological father of the child?
Can a presumption of legitimacy be used to impose child-support obligations on someone who might not be the biological father of the child?48A woman and a man were the divorced parents of one child who was born during their marriage. Another man was actually the biological father of the ...
A woman and a man were the divorced parents of one child who was born during their marriage. Another man was actually the biological father of the child, because the mother had an extramarital affair with the biological father and became pregnant with the child as a result of the affair. The biological father later died. The woman petitioned for child support, naming her ex-husband as the defendant. The ex-husband objected, claiming that he had no duty of support to the child, because he was not the child’s biological father. Assuming the state has adopted a presumption of legitimacy for child support cases, will the ex-husband prevail?49Can a man be declared the father of an illegitimate child through adjudication?
Can a man be declared the father of an illegitimate child through adjudication?50If a man denies that he is the biological father of a child born outside of marriage, can the man be compelled to take a court-ordered paternity te...
If a man denies that he is the biological father of a child born outside of marriage, can the man be compelled to take a court-ordered paternity test to determine his child-support obligations?51In a child-support or custody case, can the putative father of a child born outside of marriage dispute the paternity of the child by requesting a ...
In a child-support or custody case, can the putative father of a child born outside of marriage dispute the paternity of the child by requesting a paternity test?52Can the paternity of an illegitimate child be legally established by the father’s voluntary acknowledgement of paternity?
Can the paternity of an illegitimate child be legally established by the father’s voluntary acknowledgement of paternity?53Does the UPA allow someone to rescind an acknowledgment-of-parentage form after signing it?
Does the UPA allow someone to rescind an acknowledgment-of-parentage form after signing it?54A mother and father were the biological parents of a child. The mother and father were never married. The state had adopted the UPA. When the child...
A mother and father were the biological parents of a child. The mother and father were never married. The state had adopted the UPA. When the child was born, the mother and father signed a voluntary acknowledgment of paternity form in compliance with the UPA. Five years later, the mother sued the father for child support. The father defended the child-support suit by claiming that he doubted he was the actual father of the child and that the mother should have to prove his paternity of the child. Will the father prevail?55Can a state court enforce a voluntary acknowledgment-of-parentage form that was executed in a different state?
Can a state court enforce a voluntary acknowledgment-of-parentage form that was executed in a different state?56What is parentage by estoppel?
What is parentage by estoppel?57A biological mother had a three-year-old child who was conceived by artificial reproductive technology. The child’s biological father was a sperm d...
A biological mother had a three-year-old child who was conceived by artificial reproductive technology. The child’s biological father was a sperm donor who lawfully waived all of his parental rights. For the first three years of the child’s life, the biological mother and the child lived with the biological mother’s former same-sex partner. The former partner co-parented the child during those three years. The child called the partner her “mama,” and the partner openly behaved as the child’s mother. The partner and the biological mother recently ended their relationship, and the partner moved out of the residence. All parties lived in the same state, which had adopted the UPA. The biological mother sued the partner for child support. The partner claimed that she was not a legal parent of the child and thus had no duty to support the child. Will the mother prevail?58Under the UPA, which seven people or entities can commence a proceeding to adjudicate the parentage of a child?
Under the UPA, which seven people or entities can commence a proceeding to adjudicate the parentage of a child?59In general, when does the statute of limitations for establishing paternity begin to run?
In general, when does the statute of limitations for establishing paternity begin to run?60Do the states require differing degrees of proof to establish paternity?
Do the states require differing degrees of proof to establish paternity?61In general, what types of evidence may be used to establish paternity?
In general, what types of evidence may be used to establish paternity?62Can an illegitimate child be legitimated?
Can an illegitimate child be legitimated?63If a child born out of wedlock is legitimated, can the child inherit from his or her father’s estate upon the father’s death?
If a child born out of wedlock is legitimated, can the child inherit from his or her father’s estate upon the father’s death?64In general, what events or circumstances are sufficient to legitimate a child?
In general, what events or circumstances are sufficient to legitimate a child?65Under what circumstances will the UPA presume that a person is a child’s parent?
Under what circumstances will the UPA presume that a person is a child’s parent?66A man and woman were the biological parents of a child and were voluntarily named on the child’s birth certificate as her parents. Three months aft...
A man and woman were the biological parents of a child and were voluntarily named on the child’s birth certificate as her parents. Three months after the child was born, the man and woman got married. At the time of the marriage, the man asserted that the child was his. Ten years later, the man and woman were divorced. The woman had primary custody of the child and sued the man for child support. The man denied parentage of the child, because he and the woman were not married when the child was born.Assuming the state has adopted the UPA, can the man avoid child-support liability?67A man and woman never married but had a child together 10 years ago. The man and woman lived together from the time the child was born until the ch...
A man and woman never married but had a child together 10 years ago. The man and woman lived together from the time the child was born until the child was three years old, at which time they separated. The woman had primary custody of the child since the parents separated, while the man had overnight visitation with the child every weekend. The man told everyone that the child was his son, and the child called the man “daddy.” All parties lived in the same state, which had adopted the UPA. The woman filed for child support against the man. The man objected, claiming that he could not be forced to pay support for the child, because the child was illegitimate. Will the man prevail?