What Does Family Law Cover?

Family law is a body of statutes governing domestic relationships, specifically those between spouses and between parents and their children. Each state has its own set of statutes. Depending on the state, this embodiment of statutes may be referred to as the Family Code, Domestic Relations Code, Marital and Domestic Relations Code or the Children's Code. While family law covers a number of issues, certain provisions within the state's code are referred to more frequently than others, including those governing marriage, divorce, child custody, child support, domestic violence and child welfare.

Marriage Contract

State law establishes the requirements for a legal marriage, such as a minimum age at which a party can marry without parental consent. Law is also in place to render void and therefore "nullify" certain marriages, such as those that occur when two people marry within a certain degree of consanguinity, if one party is already married, if either party was of unsound mind, if one party was a minor and did not receive parental consent to marry or if one party defrauded or coerced another into marriage.

Dissolution of Marriage

Each state has a body of laws governing the divorce procedure, including requirements for filing for divorce and a waiting period before the divorce is final. While all states permit parties to file for a no-fault divorce (in some states this is extremely difficult), laws also exist that permit parties to file for "fault" or "grounds," such as abandonment, extreme cruelty or adultery. Laws are also in place to establish the division of community property (including debt), as well as protect property that existed prior to the marriage or that was inherited. There are also provisions for spousal support, also known as alimony.

Child Custody

Family law establishes various custody arrangements that can be sought by either parent. Traditionally, these have included sole custody, joint custody with one parent acting as legal custodian and joint custody with both parents sharing legal custody. While most states do not favor one parent over the other, there are states that still adhere to the "Tender Years Doctrine," which states that a young child is better off with his or her mother during the formative years. Ultimately, a court will always do what is in the best interest of the child. This "best interest" criteria is spelled out in each state's statutes.

Child Support

In many instances, custody arrangements result in a child spending more time with one parent (the "possessory" parent) than the other. Each state has laws that determine the minimum amount of child support a nonpossessory parent must tender to the possessory parent. Most states require the nonpossessory parent to provide health and/or life insurance for the child. Child support generally terminates when the child turns 18; however, if a child is born with a serious medical condition or profound mental impairment, child support may last indefinitely.

Domestic Violence

Family law also addresses the process of obtaining a protective order in cases of domestic violence, as well as how family violence is determined by the court that issues the order. A protocol for law enforcement agencies to ensure that the protective order is enforced may be established by statute. Laws may be in place that encourage certain people, such as medical professionals, to report to a local law enforcement agency if they suspect that the injuries they treat are the result of domestic violence.

Child Welfare

Each state has specific laws pertaining to child abuse and neglect and the proper protocol for removing a child from an unhealthy or dangerous environment. In certain cases, one or both parents' parental rights may be terminated. Family law also governs the placement of children in residential or foster care, as applicable.

Your State's Family Laws

Again, it is important to note that family law is a state issue; no two states have identical statutes. Links to your state's statutes can be found at FamilyLaw.org. Additionally, the American Bar Association publishes charts that summarize basic family law in each state by topic, including custody, alimony and grounds for divorce (see Resources).