How Relevant are U.S. Family and Probate Laws to Stepfamilies?

Malia, Sarah E. C.

doi:10.1002/9781118269923.ch22

Cited by 4 publications

(2 citation statements)

References 29 publications

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“…We should utilize the findings of peer reviewed research articles and the recommendations of family consultants, psychologists, and psychiatrists (Kearney, 2014; Monroe, 1995). These measures would help reduce judges’ discretion in court cases and produce more predictable results (Malia, 2008). Many have suggested moving toward a child-centered approach that takes into account the views of the stepchild.…”

Section: Lessons Learnedmentioning

confidence: 99%

Stepfamily Policies and Laws in the United States: Lessons from the West

Stewart

Timothy

2020

Journal of Family Issues

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Although stepfamilies exist in some form in nearly every country in the world, they are most common in Western countries. This paper provides a summary of laws, policies, and programs pertaining to stepfamilies in a selection of Western countries, with a special focus on the United States. Although stepfamilies have been prevalent throughout the West for decades, they remain “incompletely institutionalized,” and governments have been slow to address their needs and concerns. There is large variation across Western countries with respect to how stepfamilies are treated under the law, with some countries employing more liberal definitions of “parents,” “children,” and “families,” than others. In contrast, stepfamilies in the United States must contend with a complex and conflicting set of federal laws, state laws, and court precedents. Their legal status is uncertain and the way stepfamilies are treated is inconsistent across social programs and policies. Overall, there is clear bias against stepfamilies within most U.S. institutions. The review includes recommendations for change that would enhance stepfamily stability and quality of life in both Western and non-Western contexts.

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Section: Lessons Learnedmentioning

confidence: 99%

Stepfamily Policies and Laws in the United States: Lessons from the West

Stewart

Timothy

2020

Journal of Family Issues

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“…Although divorced Japanese dads are beginning to advocate for change, all too often, children are left with no postdivorce connection at all with their nonresidential parent. On the other end of the spectrum, British law allows stepparents to adopt without requiring the parent of the same sex to relinquish parenthood (Malia, ), expanding co‐parenting beyond ex‐spouses to include stepparents. Turning to LGBT divorce, research remains almost nonexistent (Johnson et al., ).…”

Section: Fifth Challenge: Other Parents Outside the Household Are Parmentioning

confidence: 99%

Clinical Guidelines for Working With Stepfamilies: What Family, Couple, Individual, and Child Therapists Need to Know

Papernow¹

2017

Family Process

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This article draws on four decades of research and clinical practice to delineate guidelines for evidence-informed, clinically sound work with stepfamilies for couple, family, individual adult, and child therapists. Few clinicians receive adequate training in working with the intense and often complex dynamics created by stepfamily structure and history. This is despite the fact that stepfamilies are a fundamentally different family form that occurs world-wide. As a result many clinicians rely on their training in first-time family models. This is not only often unhelpful, but all too often inadvertently destructive. The article integrates a large body of increasingly sophisticated research about stepfamilies with the author's four decades of clinical practice with stepfamily relationships. It describes the ways in which stepfamilies are different from first-time families. It delineates the dynamics of five major challenges stepfamily structure creates: (1) Insider/outsider positions are intense and they are fixed. (2) Children struggle with losses, loyalty binds, and change. (3) Issues of parenting, stepparenting, and discipline often divide the couple. (4) Stepcouples must build a new family culture while navigating previously established family cultures. (5) Ex-spouses (other parents outside the household) are part of the family. Some available data are shared on the impact of cultural and legal differences on these challenges. A three-level model of clinical intervention is presented: Psychoeducational, Interpersonal, and Intrapsychic/Intergenerational Family-of-Origin. The article describes some "easy wrong turns" for well-meaning therapists and lists some general clinical guidelines for working with stepfamily relationships.

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Klinische richtlijnen voor therapie met samengestelde gezinnen: wat therapeuten moeten weten

Papernow¹

2019

Gezinstherapie Wereldwijd

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How Relevant are U.S. Family and Probate Laws to Stepfamilies?

Cited by 4 publications

References 29 publications

Stepfamily Policies and Laws in the United States: Lessons from the West

Stepfamily Policies and Laws in the United States: Lessons from the West

Clinical Guidelines for Working With Stepfamilies: What Family, Couple, Individual, and Child Therapists Need to Know

Klinische richtlijnen voor therapie met samengestelde gezinnen: wat therapeuten moeten weten

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