Where do Child Custody and Child Support Law Come From?
My Blog

Where do Child Custody and Child Support Law Come From?

Where do Child Custody and Child Support Laws Come From?

People ask all the time, where do child custody and child support laws come from? Are the laws in each state completely different? Are these laws even constitutional? Let’s find out.

Family law in the United States comes from several sources. Primarily, family law is a state affair and much of the laws governing child custody and child support are state statutory law. These laws are found in each states’ codified statutes and/or codes. In New Mexico, we have Chapter 40 of the New Mexico Statutes Annotated 1978. This is the “Domestic Affairs” section of the state statutes.

These various statutes are interpreted first by the district courts or trial courts of original jurisdiction and then these laws are further applied and interpreted by the appellate and supreme courts of the several states, commonwealth(s), possessions, and territories. Not only are these laws created by state lawmakers, applied and interpreted by state courts, but these laws are applied in conjunction with state court procedural rules such as the rules of evidence and the rules of civil procedure.

 We also have children’s court rules, decisions, and of course the court orders issued in everybody’s individual cases such as the divorce decree, and the plethora of minute orders and temporary orders which typically are issued in an average case.

So the first thing we must understand is that in the United States, family law especially as it relates to child custody and child support is for the most part under the purview of state law. The United States Supreme Court in Rose v. Rose, 481 U.S. 619, 625 (1987) (quoting In re Burrus, 136 U.S. 586, 593-594) repeatedly insists that “the whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States.” This line of thinking comes from the Amendment 10 of the federal constitution which provides, “the powers not delegated to the United States by this constitution nor prohibited by it to the States, are reserved to the States or the people.” This of course is an overstatement and an oversimplification, yet is still generally true.

Yet over the last hundred years or so, the federal government viz. various social welfare and educational policies, federal courts, and believe it or not, international treaties have changed the landscape of modern family law by means of slowly unifying the hodge-podge state laws. In recent times the United States Supreme Court began to recognize “a private realm of family life which the state cannot enter.” SeeMeyer v. Nebraska, 262 U.S. 390 (1923), Pierce v. Society of Sisters, 268 U.S. 510 (1925) and Prince v. Massachusetts, 321 U.S. 158, 166 (1944).  

The Supreme Court has attributed this constitutional protection to the Due Process Clause or the Equal Protection Clause of Amendment 14 of the federal constitution. They have also cited to implied rights of privacy emerging from the “penumbras” of other textual guarantees. SeeGriswold v. Connecticut, 381 U.S. 479 (1965).

One of the key cases where the United States Supreme Court has helped to change the dynamics of family law was Loving v. Virginia, 388 U.S. 1 (1967). This case outlawed the ban on interracial marriage and reversed the laws of 17 states which prohibited interracial marriage. This case is frequently cited in same-sex marriage litigation.

Very recent judicial lawmaking with respect to same-sex marriage has been based upon equal protection and in the case of New Mexico, our equal rights provisions within our state constitution. This is how the federal courts have intervened in a seemingly state issue.

 There are federal laws which affect family law as well. Most of those which will directly play in your case are likely federal tax laws, federal child welfare laws, and in many cases Medicaid, Social Security, and TANF  rules and regulations. However you should be aware of federal child support enforcement laws, federal deadbeat parent laws, and kidnapping laws. Lastly, depending upon your circumstances, federal and tribal laws may play a role in your child custody or child support case.

Despite these federal developments, much of family law including custody law is local. We discussed earlier that most family law is state statutory law. This law is derived from state constitutional provisions. However we often forget that even local city and county zoning ordinances have an impact upon family because they define “single-family” uses and other residential definitions.

The laws affecting family law especially child custody and child support are ever changing and complex. The best thing to do if you have further questions is to contact me.


16 Comments to Where do Child Custody and Child Support Law Come From?:

Comments RSS
car accidents on Tuesday, November 10, 2015 4:56 AM
There are government laws which influence family law also. The greater part of those which will straightforwardly play for your situation are likely government charge laws, elected kid welfare laws, and much of the time Medicaid, Social Security, and TANF tenets and regulations. Then again you ought to know about government tyke bolster authorization laws, elected killjoy guardian laws, and capturing laws. In conclusion, contingent on your circumstances, government and tribal laws may assume a part in your youngster authority or kid bolster case. Thanks!
Reply to comment
tom on Monday, July 25, 2016 11:42 PM
windows 81 professional sale , window 81 home basic , buy windows 81 key , windows 81 professional 32-bit key , windows 81 home premuim product keys , mrid

Ron Den on Monday, February 29, 2016 12:22 AM
Brilliant discussion about Child Custody and Child Support Law Come From. I juts pleased to read this entry. I hope people will get a clear instruction. Thank you so much.
Reply to comment

Equity Tips Indore on Tuesday, March 29, 2016 3:30 AM
I feel that is an enchanting point, it made me suppose a bit. Thank you for sparking my pondering cap. Sometimes I get so much in a rut that I simply feel like a record.....
Reply to comment

fake chanel handbags on Tuesday, March 29, 2016 11:51 PM
This line of thinking comes from the Amendment 10 of the federal constitution which provides.
Reply to comment

Epic Research on Friday, April 08, 2016 11:36 PM
I am looking for the, Child Custody and Child Support Laws from very long time, and i am very pleased to inform you that this is a awesome read for me. Thanks
Reply to comment

https://www.deancaras.com on Tuesday, April 11, 2017 6:00 AM
Thats are gret thougth. i realy supported tha child sopport law .i like this your blog & very impresiv blog.....
Reply to comment

Child abuse laws  in Us on Thursday, April 13, 2017 5:34 AM
It is a wonderful reply to the question that has been asked since a longer time. Given answers were so immaculate that will open many eyes. I appreciate your work and want you to write more.
Reply to comment

Personal injury lawyers on Tuesday, May 09, 2017 12:19 AM
This line of intuition originates from the Amendment 10 of the government constitution which gives.
Reply to comment

child-laws-us on Wednesday, May 17, 2017 11:39 PM
I have been reading many articles on the same issue but found this one uniquely written. You covered almost every point over the topic. I don’t feel need to read any other article on this topic now.
Reply to comment

deancaras on Wednesday, June 07, 2017 3:42 AM
It was great to see someone write on this topic. Thanks for sharing your thoughts
Reply to comment

Opticazone on Friday, August 04, 2017 4:00 AM
Your blog held my interest right to the very end, which is not always an easy thing to do!!
Reply to comment

Onefinelawyer on Friday, August 04, 2017 4:30 AM
You writing is always fabulous. This is third time I’ve read your blog and I find the information very useful.
Reply to comment

lawyer claims on Sunday, November 26, 2017 3:48 AM
Reply to comment

natural gender selection on Thursday, December 21, 2017 6:52 PM
Now come to some natural ways. Some ways are really helpful and completely natural. Among them gender selection natural method is the best way to get a baby you want. In this method gender calculator can help to calculate the time of coitus that help to get a baby boy or girl.
Reply to comment

Slut on Friday, December 22, 2017 5:47 AM
This is very good blog. I have seen many blog but this blog is one of the best blog. Thank you very much for it. Take E Liquid Packaging boxes online
Reply to comment

Add a Comment

Your Name:
Email Address: (Required)
Make your text bigger, bold, italic and more with HTML tags. We'll show you how.
Post Comment
Website Builder provided by  Vistaprint