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Full-Text Articles in Law

Obergefell’S Impact On Functional Families, Raymond C. O'Brien Mar 2017

Obergefell’S Impact On Functional Families, Raymond C. O'Brien

Catholic University Law Review

More than forty percent of children born in America are born to unmarried parents and only half of all cohabitating adults in America are currently married. While many children are born to single parents, others are part of the two-person unmarried cohabiting functional family paradigm. What is the status of these children?

This article examines the changing paradigm of parental status, specifically vis-à-vis homosexual couples with children, and the rights of the non-biological parent after separation. This article examines the changes in law in regards to unmarried parents leading up to the Uniform Parentage Act. It describes the equitable remedies …


Are You My Mother? A Critique Of The Requirements For De Facto Parenthood In Maine Following The Law Court's Decision In Pitts V. Moore, Samuel G. Johnson Feb 2017

Are You My Mother? A Critique Of The Requirements For De Facto Parenthood In Maine Following The Law Court's Decision In Pitts V. Moore, Samuel G. Johnson

Maine Law Review

Are you my mother? The answer to this question may not have been very difficult to ascertain years ago, however it is not so easily answered today. With advancements in technology, shifts in family structures, and changes in social norms, new legal issues pertaining to parental rights have materialized. The right to raise a child as one sees fit is one of the oldest fundamental rights recognized and protected by the United States Constitution. However, courts are now being asked to consider the rights of “legal strangers” at the expense of the biological or legal parent. One method that a …