Also known as:domestic relations laws · family law
Written by attorneys · grounded in primary & secondary sources — see below
A body of law governing family relations.
Sources & Authorities
How it applies
Common Examples
6
Arbitration of Custody Support
Daniel Diaz and Dorothy Daniels disagree over physical custody and monthly support payments for their two children after separation. They submit the matter to an arbitration organization under a written agreement. The arbitrator resolves the child-related issues by applying state domestic relations statutes to set a parenting schedule and support amount.
Dispute Over Marital Property
Demetrius Douglas and Delilah Duran contest ownership of a jointly acquired home and retirement accounts following the end of their marriage. The court treats the disagreement as arising under state domestic relations statutes and applies equitable distribution principles to divide the assets.
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Uniform Acts
Restatements
Casebooks
Study Supplements
Termination of Parental Rights
Destiny Davis faces a state petition to end her parental rights to her infant after repeated neglect findings. The court requires the state to prove its case by clear and convincing evidence before severing the parent-child relationship and freeing the child for adoption.
Santosky v. Kramer455 U.S. 745, 758-759 (1982)
Cohabitant Property Claim
Deanna Davenport seeks a share of assets accumulated during her long cohabitation with her former partner. The court recognizes an implied agreement theory and awards her compensation for contributions to the household and business under domestic relations principles.
Marvin v. Marvin557 P.2d 106 (Cal. 1976)
Grandparent Visitation Request
Dorothy Daniels petitions for visitation with her grandchildren after their mother limits contact. The court applies a presumption favoring the fit parent's decision and denies the request absent a showing that denial would harm the children.
Troxel v. Granville530 U.S. 57 (2000)
Child Support Contempt Hearing
Demetrius Douglas faces jail time for failing to pay ordered child support. The court appoints counsel because incarceration is possible and requires the state to prove ability to pay before imposing punishment.
Turner v. Rogers564 U.S. 431 (2011)
Common questions
Frequently Asked
4
What subjects does domestic relations law cover?+
It governs marriage, divorce, parent-child relations, custody, support, property division, domestic violence, assisted reproduction, adoption, and premarital agreements.
Supporting sources
Can lawyers accept contingent fees in domestic relations cases?+
No. Model Rule 1.5(d)(1) bars contingent fees in domestic relations matters when payment depends on securing a divorce or the amount of alimony, support, or property settlement.
Supporting sources
How does the Uniform Family Law Arbitration Act define a family law dispute?+
It defines a family law dispute as a contested issue arising under the family or domestic relations law of the state, which then determines whether arbitration may proceed under the act.
Supporting sources
What constitutes a child-related dispute under the Uniform Family Law Arbitration Act?+
It includes any family law dispute concerning legal or physical custody, parenting time, visitation, or financial support for a child.
Supporting sources
539 U.S. 558 (2003)Constitutional Law
…for First Principles, Inc., by Ronald D. Ray; for Liberty Counsel by Mathew D. Staver and Rena M. Lindevaldsen; for the Pro Family Law Center et al. by Richard D. Ackerman and Gary G. Kreep; for Public Advocate of the United States et al. by Herbert W. Titus and William J. Olson; for the Texas Eagle Forum et al. by Teresa…