The Modern American Family: Adapting to a Shifting Landscape

How Family Structures Have Evolved Over the Years

Amidst the breakdown of traditional gender roles, the cause is not cowgirl boots. It’s the same thing that caused the breakdown of traditional marriage: it’s socioeconomic changes. A result of these socioeconomic changes is that traditional nuclear families are rapidly giving way to single-parent families, blended families, cohabiting families, and same-sex families. The number of Americans who are married is in decline; the number of people who cohabit before or without marriage is in the ascent; and the number of people who never marry appears to be in an even sharper ascent.
The increased prevalence of nontraditional families has changed the face and function of family law. In Texas, which is generally considered a "traditional" state (but only by comparison with some very untraditional other states), diversity in the family structure is more the norm than the outlier. And the family law courts are well acquainted with all kinds of unconventional families and the family law issues raised by those families. A recent survey of the family law courts in Travis County, Texas shows:
● Approximately 47% of the people filing for divorce are women and approximately 53% were men;
● All court records pertaining to same-sex family law cases – 100% – involved a same-sex relationship (2% of all cases); and
● Among those records relating to same-sex relationships, 100% involved a dispute over child custody or support .
Alongside this increase in the diversity of today’s families has been a shift away from paradigm families that have historically triggered special legal treatment, such as those where one spouse looks to the other for material support. As a result, judges and courts are having to rethink and rewrite the current paradigm rules of family law, most particularly alimony. For example, the appellate courts in Texas have determined that the reversal of gender roles does not alter the ultimate analysis of whether spousal maintenance is appropriate in the given circumstances.
What has not been addressed is the future role of spousal support. No longer is the only legitimate "need" defined as that of making ends meet. So what is the scope of "need?" The answer is that no one knows yet. The legal system has, for the most part, similarly not yet addressed the needs of today’s children who, as described above, may live with same-sex couples, with single parents who do not have a parent supporting them, with cohabiting households, and with all kinds of nontraditional family structures. The challenge will be to address these new structures and the ever-evolving needs of children, while at the same time reserving for Courts a measure of review of extraordinary or extreme awards that simply cannot be reconciled with today’s prevailing economic realities.

Legal Matters in a Changing Family Law Environment

The changing landscape of modern families has not only shifted societal norms but has also given rise to a range of new legal challenges in the realm of family law. Today, family law practitioners must navigate an evolving set of issues that affect marriage, divorce, child custody, and support.
One major area of focus is child custody and relocation rights. Complex custody arrangements are common, whether among divorced couples or unmarried parents. In cases where one parent wishes to relocate with the child, often for a new job or remarriage, the courts are tasked with determining what is in the best interests of the child. This involves a delicate balance between allowing a fresh start for the relocating parent and maintaining the existing support system for the child.
Legal challenges in adoption law have also increased as more non-traditional families seek to expand their units. From second parent adoptions to surrogacy agreements, the laws surrounding adoption have had to keep pace with the increase in non-nuclear family formats. Each new adoption case has its own nuanced set of challenges that require expert legal guidance.
Another area of growing concern is the dissolution of marriage and property division. The complexity of division and valuation of assets increases with the number of variables involved. The division of assets becomes even more complicated when there are legal entities involved, such as businesses and family trusts.
Even the concept of marriage faces legal scrutiny as same-sex couples continue to gain equality in both social acceptance and legal recognition. Legal challenges in this area include clarity around spousal rights in instances of divorce, including spousal support and inheritance.

The Role of Technology in Family Law

Technology has revolutionized many sectors of the economy, and family law is certainly not immune from this. Virtual hearings are becoming more and more commonplace, and a requirement of all parents within the virtual class with the Ohio Supreme Court, especially given the global pandemic. Digital evidence, such as cell phone and social media records, are now an indispensable part of many divorce or custody cases. Technology continues to evolve and an Ohio lawyer must be able to adapt to those changes in order to get your client the best result possible.

The Effects of Social Evolution on the Law

The impact of these societal changes is now being mirrored in our laws and the courts across America. We have seen major revisions in the laws addressing divorce, alimony, child custody, alimony and child support. As same sex marriages are legally recognized throughout most of the United States, courts must address how existing law should apply to these couples or whether new laws need to be created to address the unique circumstances they may bring to the family law landscape. As married couples today are delaying having children, and many women are waiting longer to marry, we are seeing an increase in premarital agreements. Knowing that a couple may be later facing a divorce, they are using contracts to determine how to divide their assets if they decide to divorce prior to reaching a particular milestone (such as their 65th birthday) . This is a reflection of how society now views marriage and the divorce process. We have seen (and we will continue to see as pending legislation becomes enacted), amendments to the laws allowing for alternative dispute resolution. Mediation and arbitration are becoming more mainstream in divorce and domestic violence cases, with the philosophy being that couples that have children together or properties to divide can benefit from moving through the process of divorce without further damaging their relationship by avoiding the courts where possible. The negative stigma attached to conflict resolution outside of the court system is becoming obsolete, as society now recognizes that people want to be free from the courts as quickly and painlessly as possible, and in a manner in which they retain some control.

Cultural Diversity and Its Impact on Family Law

The cultural diversity of America is paramount to finding solutions in American family law. The diversity of many American families, from Latin to African and Asian cultures opens the door to a wide array of customs and traditions that can help resolve family law issues. For example; in Latin America, the prospect of being a single parent is still in its infancy, therefore, the perception of divorce remains critical in families from Latin America. Latin American families traditionally stay together for the sake of children and as a unit. This, in essence, affects the family law perspective and how at times divorce may be resolved.
In this regard, many Latin American countries such as Venezuela and Colombia, does not have the financial or legal structure in finding the means by which often makes divorce financially impossible. Therefore, people from Latin America think long and hard about the impact of divorce.
Mexican-Americans and Mexican-American families are often confused as to what constitutes Mexican-American law; however, Mexican law regarding family matters more than often rely on Spanish law, and Spanish law was codified from the French Code. While many concepts of civil law may play into the Mexican-American culture, the finality of a divorce within the Hispanic culture may be more important to a Mexican-American than what a court may believe is right or wrong.
Many Asian-Americans culture relate to family law similar to Latin Americans. Japanese-Americans tend to be relatively easy to resolve issues within their culture. Korean-Americans may have more reservations about the finality of a divorce being a fact with little room for appeal. Yet, these peoples continue to live the American dream and incorporate family law traditions that favor family and continue to improve cultural diversity in family law matters.

Shifts in the Future of Family Law

As family structures continue to evolve, we can expect to see more changes in the family law arena. Anticipated trends include legislation that will further redefine legal parentage, such as laws about when sperm donors can or cannot be considered the legal father of a child, and when a birth mother of a child with lesbian parents is no longer considered a parent . Emerging societal issues such as multi-party relationships—which can be complicated in terms of inheritance, custody, and division of property—and the intersection of family law, religious freedom, and LGBTQ equality will also play a role in how family law will continue to develop in the coming years.