The Networked Family: Reframing the Legal Understanding of Caregiving and Caregivers

Abstract

In this Article, I examine the law’s understanding of caregiving as a parental endeavor in order to highlight the disjunction be-tween legal theory and the way that families actually perform their caregiving functions. I argue that because family law understands caregiving as parenting, it precludes recognition of the way in which parents and nonparents work together to discharge caregiving responsibilities. I further argue that broader recognition of caregiving networks and nonparental caregivers would better sup-port parents, caregiving, and the private infrastructure of care. In so doing, I depart from other scholars who have argued for greater recognition of nonparents who function as parents. Instead, in order to better support caregiving as it is practiced, I call for a broader legal understanding of caregiving that would acknowledge a wider range of caregiving efforts, not simply those performed by parents or those who function as parents.

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