Family Law

Significant U.S. Supreme Court (SCOTUS) family law cases:

Santosky v. Kramer (1982): Held that the state must prove parental unfitness with “clear and convincing evidence” (not just a mere preponderance) before terminating parental rights.

Troxel v. Granville (2000): Ruled parents have a right to make decisions of care, custody, and control of their children, limiting state ability to grant visitation to 3rd parties like grandparents.

Marvin v. Marvin (1976): foundational in establishing “palimony” and enforcing contract rights for unmarried cohabiting partners. This was a California Supreme Court case, not SCOTUS.

Dobbs v. Jackson Women’s Health Organization (2022):

A. Interstate custody disputes (one parent seeks abortion in states where it is legal, while the other parent opposes). 

B. Parental notification laws (stresses parental involvement in their minor child's reproductive decisions).

C. Child support (sparked discussions about expanding the father’s financial responsibilities to cover prenatal care).

D. Reproductive Technology (how will states regulate or handle frozen embryos in divorce cases.

Federal Adoption and Safe Families Act (ASFA) (1997):

A. Parental Rights Termination initiated to prioritize child safety and pursue permanency (adoption/ legal guardianship)

B. Kinship Care: support kinship placements for family preservation when safe and feasible

Moore v. City of East Cleveland (1977): Ruled a city ordinance limiting housing occupancy to nuclear families violated Due Process (it protects extended family rights to live together)

Obergefell v. Hodges (2015): Held 14th Amendment requires all states to license and recognize same-sex marriages.

Golan v. Saada (2022): Held courts must consider mitigation measures for children facing “grave risk” if returned to another country (Hague Convention on International Child Abduction).

Parental Alienation: one parent undermines a child’s relationship with the other parent, which often leads to custody modification. US courts manage this behavior using the “best interests of the child” standard. Severe cases may be deemed emotional abuse and prompt the court to remedy by ordering reunification therapy, counseling, or transferring custody.

A. Courts consider:

  1. Pattern of alienating behavior (see Meadows v. Meadows, Michigan Court of Appeals, Docket 296056, Sep 30, 2010)
  2. Transferring custody to the targeted parent (see Nufrio v. Nufrio, N.J. Super. 1990)
  3. Temporary or permanent removal from alienating parent
  4. Documentation of the alienation
  5. Appointment of Guardian ad Litems (GAL) and parenting coordinators (PC) to investigate

B. Expected Court Challenges:

  1. Admissibility: Parental Alienation Syndrome (PAS) expert witnesses face scrutiny under Daubert testimony standards
  2. False Accusations tend to complicate litigation.
  3. Appeals: appellate judges are more skeptical of PAS claims