Family Law — Law Library

The law governing marriage, divorce, child custody, support, parental rights, and the protection of children in family court proceedings.

Statutes & Rules

Due Process & Equal Protection (U.S. Const. amend. XIV, § 1)
Protects parental rights as a fundamental liberty interest; the government must meet heightened standards before terminating parental rights.
UCCJEA — All 50 States (Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA))
Adopted by all 50 states; determines which state has jurisdiction to make initial and modification custody decisions. Each state has enacted its own version: e.g., Fla. Stat. § 61.501 (FL); Tex. Fam. Code § 152 (TX); Cal. Fam. Code § 3400 (CA); N.Y. Dom. Rel. Law § 75 (NY); S.C. Code § 63-15-300 (SC).
State Custody & Divorce Laws (All 50 States — Child Custody & Divorce Statutes)
Divorce, custody, and support standards are set by each state. Key statutes: Fla. Stat. § 61.13 (FL best interests factors); Tex. Fam. Code § 153 (TX joint managing conservatorship); Cal. Fam. Code § 3011 (CA best interests); N.Y. Dom. Rel. Law § 240 (NY); S.C. Code § 63-15-230 (SC); 750 ILCS 5/602.7 (IL); O.R.C. § 3109.04 (OH); RCW § 26.09.187 (WA). All states apply a 'best interests of the child' standard, but the specific factors differ.
Child Care and Development Block Grant Act (42 U.S.C. § 9858 et seq.)
Federal framework supporting child care and child welfare programs.

Landmark Cases

  • Troxel v. Granville, 530 U.S. 57 (2000) — Parents have a fundamental right to make decisions about the care, custody, and control of their children; courts must give special weight to parental decisions.
  • Palmore v. Sidoti, 466 U.S. 429 (1984) — Race cannot be a basis for custody decisions; private racial biases are not a sufficient reason to remove a child from a parent.
  • Santosky v. Kramer, 455 U.S. 745 (1982) — Due process requires clear and convincing evidence before the state may terminate parental rights.

Key Terms

Best Interests of the Child
The standard courts use in custody decisions, weighing factors like stability, parental fitness, and the child's relationship with each parent.
Legal Custody
The right to make major decisions about a child's education, health care, and religious upbringing.
Physical Custody
Where the child primarily lives; may be shared (joint) or held by one parent (sole).
Parenting Plan
A written agreement or court order detailing custody, visitation, and co-parenting responsibilities.
Parental Alienation
A pattern of behavior by one parent that undermines the child's relationship with the other parent.
Guardian ad Litem
A court-appointed representative who advocates for the best interests of the child in family court.