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Article: The Federalization of Family Law
- Article from:
- Human Rights
- Article date:
- July 1, 2009
- Author:
CopyrightCopyright American Bar Association Summer 2009. Provided by ProQuest LLC. (Hide copyright information)
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Historically, family law has been a matter of state law. State legislatures define what constitutes a family and enact the laws that regulate marriage, parentage, adoption, child welfare, divorce, family support obligations, and property rights. State courts generally decide family law cases. But since the 1930s, Congress has enacted numerous federal statutes to address serious problems regarding family law matters that states have been either unwilling or unable to resolve, especially when the welfare of children is involved. Today, congressional legislation, decisions of the U.S. Supreme Court, and the participation of the United States in more international treaties have "federalized" ...