Also known as: family law · domestic relations
Written by attorneys · grounded in primary & secondary sources — see below
The body of state and federal law that regulates domestic relations among family members. It encompasses rules on marriage formation and dissolution, parental rights and responsibilities, child custody and support, and related financial obligations.
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Farah Fox hired Fernando Farrell to handle her divorce from her spouse. The agreement provided that Farrell would receive twenty percent of any property settlement obtained. The court refused to enforce the fee provision because the payment depended on the amount recovered in the domestic relations proceeding.
Flora Ford and Francois Fortier disagreed over legal custody and visitation after their separation. They submitted the matter to an arbitrator under a written agreement. The arbitrator resolved the child-related issues by applying state family law standards to determine parenting time.
Fatou Fall petitioned for child support modification after her former spouse relocated. The parties had agreed to arbitrate all contested issues arising under state domestic relations statutes. The arbitrator applied state choice-of-law rules to calculate the new support obligation.
Francesca Fowler sought court-ordered visitation with her grandchildren after their mother limited contact. The trial court weighed the mother's fundamental parental rights against the children's best interests before denying the petition.
A minor was accused of theft in a family court proceeding. The court required proof beyond a reasonable doubt before adjudicating the child delinquent and imposing supervision.
A former spouse filed a federal diversity action seeking a new custody decree and alimony modification after moving across state lines. The district court dismissed the claims for lack of subject-matter jurisdiction over core domestic relations matters.
A lawyer may not charge or collect a fee contingent on obtaining a divorce or on the amount of alimony, support, or a property settlement. The prohibition prevents the lawyer's financial interest from influencing advice on sensitive family decisions.
A child-related dispute includes contested issues of legal or physical custody, parenting time, visitation, and financial support for a child. Such matters fall within the definition of a family law dispute that may be submitted to arbitration under the act.
…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…
…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…
…[¶] To the extent surrogacy continues to be practical, it can be governed by the legal framework already established in the family law area." (Governor's veto message to Sen. on Sen. Bill No. 937 (Sept. 26, 1992) Sen. Daily File (1991-1992 Reg. Sess.) p. 68.) Given this less than ringing endorsement of surrogate parenting,…
…divesting the accused of the privilege to bar adverse spousal testimony has special relevance because the laws of marriage and domestic relations are concerns traditionally reserved to the states. See Sosna v. Iowa , 419 U. S. 393, 404 (1975). Scholarly criticism of the Hawkins rule has also continued…
…seeks to eliminate. Ingersoll-Band, swpm , at 142. Second, respondents emphasize that the Washington statute involves both family law and probate law, areas of traditional state regulation. There is indeed a presumption against pre-emption in areas of traditional state regulation such as
A family law dispute arises whenever parties contest an issue governed by the state's domestic relations statutes. The definition covers matters such as custody, support, and property division that the parties have agreed to arbitrate.
Parents possess a fundamental liberty interest in the care, custody, and control of their children. A state statute that automatically overrides a fit parent's decision on visitation without according deference to that decision violates due process.
The Due Process Clause requires proof beyond a reasonable doubt before a juvenile may be adjudicated delinquent. This standard protects the same liberty interests at stake in adult criminal prosecutions.
Federal courts lack jurisdiction to issue or modify divorce, alimony, or child custody decrees. The exception does not prevent enforcement of existing state decrees or adjudication of related tort claims between family members.