TWO STEPS BEHIND: THE LAW’S STRUGGLE TO KEEP PACE WITH THE CHANGING DYNAMICS OF THE AMERICAN FAMILY

Abstract

The law has struggled to accommodate alternative families in certain areas because the traditional family form remains the primary influence in the creation of family law and policy. This Note first provides an overview of how family dynamics have evolved over recent decades and how laws have sought to define family through ordinances and statutes. The focus then shifts to inconsistencies in child visitation rights based on family type. Next, the lingering challenges faced by unmarried cohabitating couples are addressed. Finally, the effect of traditional, gender-based caretaking roles on the implementation of non-discriminatory employment policies such as the Federal Medical Leave Act is considered.