Also known as: family-law · family laws · domestic relations · matrimonial law
Written by attorneys · grounded in primary & secondary sources — see below
The body of law governing marriage, divorce, adoption, child custody and support, paternity, and other domestic relations matters.
Francisco Frost hires a lawyer to handle his divorce from Fiona Foster. The lawyer proposes a fee equal to twenty percent of any alimony awarded. The arrangement violates professional conduct rules because the fee is contingent on the amount of support obtained in a domestic relations matter.
Francois Fortier and Farah Fox disagree over legal custody of their child after separation. They submit the dispute to an arbitrator under a family law arbitration agreement. The arbitrator resolves the child-related dispute concerning custody and parenting time.
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Freya Freeman and Fatou Fall enter an arbitration agreement to resolve their contested child support obligations. The agreement subjects the family law dispute arising under state domestic relations law to private arbitration.
A state enacts a statute defining marriage and child custody rules. Federal legislation attempting to regulate the same domestic relations issues is challenged as exceeding congressional power because family law remains an area of traditional state sovereignty.
After a divorce decree awards life insurance proceeds to an ex-spouse, a state statute automatically revokes the designation. The plan administrator refuses to honor the state rule, claiming ERISA preempts the family law provision.
A state seeks to adjudicate a minor delinquent in a proceeding that could result in commitment to a state facility. The court applies the beyond-a-reasonable-doubt standard because the proceeding carries consequences comparable to adult criminal sanctions.
Family law covers marriage, divorce, adoption, child custody and support, child abuse and neglect, paternity, and juvenile delinquency.
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Model Rule 1.5(d)(1) bars any fee in a domestic relations matter contingent on securing a divorce or on the amount of alimony, support, or property settlement because such arrangements risk distorting lawyer advice on sensitive personal decisions.
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A child-related dispute includes contested issues of legal or physical custody, parenting time, visitation, or financial support regarding a child.
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A family law dispute is any contested issue arising under the family or domestic relations law of the state.
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…reasoning, Congress could regulate any activity that it found was related to the economic productivity of individual citizens: family law (including marriage, divorce, and child custody), for example. Under the theories that the Government presents in support of § 922(q), it is difficult to perceive any limitation on federal…