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CHILDREN WHO SUE PARENTS: A NEW FORM OF FAMILY HOMICIDE?
Authors:Florence W Kaslow
Institution:Florida Couples and Family Institute
Abstract:In the past two decades, the legal doctrines of intrapousal and interfamily immunity have been weakened or stricken in many states. Spouses may now testify against each other and children may now sue parents. This article was written ot begin to familiarize family therapists with the complex psycho-legal issues inmvolved in these cases. It is suggested that this is a cutting edge arena of grave concern, as intrafamily lawsuits exacerbate existing contention and cutoffs in families—something many family therapists seek to prevent or reverse. This paper is predicated on the belief that therapists should be knowledgeable about the legal traditions and decisions that impinge on our patients' lives. First, a brief history of the legal origins about intrafamilial lawsuits is provided. Next, six categories of lawsuits are delineated. What becomes evident is that when adult children sue parents, the conflicts an schisms in the family are already fairly extreme and that, often, the lawsuit makes the rift irreparable. Perhaps family lawsuits constitute a less violent and slower form of family destruction that homicide.
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