The Legal Relationship Between Cohabitants and Their Partners\u27 Children

This Article argues that U.S. law should give protection to relationships between cohabitants and their partners \u27children when necessary to avoid the economic and emotional trauma that may be caused by separation of the child from a member of his or her household if the cohabitation ends. After examining the social science literature about the welfare of both stepchildren and children of cohabitants and the inadequate legal treatment of custody, visitation, and child support issues under current law, the author recommends that cohabiting stepparents (1) be given standing to seek custody if they have acted as de facto parents, with a presumption in favor of custody by the stepparent when the cohabitant who is the child\u27s biological parent has died and the possibility of joint custody in other cases; (2) be awarded visitation if both the ex-cohabitant and child desire it; and (3) be obligated to pay child support for the child if the cohabitation dissolves after a period of two years or more

Learning by Doing: Adding a Clinical Component to a Traditional Family Law Course

This paper describes a clinical component recently added to the course in Family Law at Cornell Law School. Students who are either co-registered for or have previously taken Family Law receive an extra two credits for clinical work under the instructor\u27s supervision. Each student undertakes to represent at least one client, who is referred from Neighborhood Legal Services, from the initial client interview through drafting, filing and service of the many documents required to obtain a final judgment for dissolution of marriage in New York State. In order to complete this work in one semester, the students do relatively simple divorces that will result in a default judgment. In addition to obtaining a divorce judgment on behalf of a client, students are required to staff a desk in the local family court for three hours a week in rotation, to assist persons filling out petitions for support, modification of support, or for violation of a support order

Learning by Doing: Adding a Clinical Component to a Traditional Family Law Course

This paper describes a clinical component recently added to the course in Family Law at Cornell Law School. Students who are either co-registered for or have previously taken Family Law receive an extra two credits for clinical work under the instructor\u27s supervision. Each student undertakes to represent at least one client, who is referred from Neighborhood Legal Services, from the initial client interview through drafting, filing and service of the many documents required to obtain a final judgment for dissolution of marriage in New York State. In order to complete this work in one semester, the students do relatively simple divorces that will result in a default judgment. In addition to obtaining a divorce judgment on behalf of a client, students are required to staff a desk in the local family court for three hours a week in rotation, to assist persons filling out petitions for support, modification of support, or for violation of a support order