LAW 293: Family Law

Marriage, Divorce, Custody, Adoption & Domestic Violence

Overview

This course covers family law fundamentals including marriage formation and dissolution, spousal support, child custody and support, property division, adoption, and domestic violence protection. The course emphasizes state law variation, the interplay of family law with constitutional protections, and policy considerations underlying modern family law doctrine.

Family law is critical for practitioners serving families, child welfare advocates, and anyone practicing in small towns where family law matters are prevalent. The course develops practical skills in drafting family law documents and understanding family law procedure.

Learning Objectives

  • Understand marriage formation, dissolution, and legal consequences
  • Analyze spousal support determination and modification
  • Apply child custody standards and parental rights doctrine
  • Understand child support guidelines and enforcement mechanisms
  • Evaluate property division and equitable distribution frameworks
  • Understand adoption law and domestic violence protections

Lecture Topics

Marriage Formation & Dissolution

Marriage requirements, validity, divorce grounds, no-fault divorce, and covenant marriage alternatives.

Spousal Support & Alimony

Support calculation, temporary support, permanent alimony, and modification/termination grounds.

Child Custody Standards

Best interests of child standard, parental rights doctrine, and custody modification factors.

Child Support Guidelines

Income shares model, guideline calculations, deviations, and enforcement mechanisms.

Property Division & Equitable Distribution

Separate vs. marital property, characterization disputes, and distribution principles.

Parental Rights & Obligations

Parental visitation, parental alienation, access to children, and extended family rights.

Adoption & Succession Rights

Adoption procedures, termination of parental rights, and adoption consequences for inheritance.

Domestic Violence Protection

Protective orders, enforcement, modification, and intersection with custody decisions.

Landmark Cases for Briefing

Loving v. Virginia, 388 U.S. 1 (1967)

Topic: Marriage as fundamental right | Rule: Marriage protected as fundamental right; discrimination based on race in marriage violates Equal Protection Clause.

Troxel v. Granville, 530 U.S. 57 (2000)

Topic: Parental rights | Rule: Parents have fundamental liberty interest in upbringing of children; state must show compelling interest to override parental decision.

Obergefell v. Hodges, 576 U.S. 644 (2015)

Topic: Same-sex marriage | Rule: Same-sex couples have fundamental right to marry; state cannot deny marriage license based on couple gender composition.

Recommended Resources

Casebook

Family Law by Ellman, Kurtz & Weithorn (7th ed. 2017)

Comprehensive coverage of family law with strong emphasis on policy debates underlying doctrine.

State-Specific Law

California Family Code & State Family Law Statutes

Study state-specific statutes on divorce, spousal support, child custody, and child support guidelines.

Outline

Family Law: Examples and Explanations by Cain (7th ed. 2021)

Clear explanations with worked examples. Strong on custody analysis and support calculations.

Practice Quizzes

Quiz 1: Marriage & Divorce

Formation, dissolution, grounds, and dissolution procedure. 8 questions.

Quiz 2: Support Obligations

Spousal support, child support, modification, and enforcement. 10 questions.

Quiz 3: Custody & Property Division

Best interests standard, custody modification, property characterization, and distribution. 10 questions.