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.