Constitutionalizing Family Law

| Section of Civil Rights and Social Justice |

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The Federalization of Family Law

Vol. 36 No. 3

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” more and more areas of family law traditionally left to the states.DivorceCorp - Consulted a minister and psychiatrist NOT Lawyer - AFLA Blog 2016

A multitude of federal laws now regulate and impact families; some specifically confer jurisdiction on federal courts. As a result, federal courts now hear a growing number of family law cases, especially those that involve complex interjurisdictional or full faith and credit issues. The Supreme Court has contributed to this federalization by “constitutionalizing” family law. It has repeatedly used the U.S. Constitution, in particular the Fourteenth Amendment, to extend constitutional privacy protections to increasing numbers of persons and to invalidate state laws in areas of law previously thought to be the exclusive province of state legislatures.

Internationalization of the law likewise contributes to federalization. As people and goods move freely across country borders, so do their family law issues and problems. The U.S. State Department now actively participates in the drafting of international treaties, working with the Hague Conference on Private International Law and the United Nations (UN) to address family law issues on a global scale. iinguanzo-v-rose-causes-20151The United States has ratified and implemented many international law conventions. The Supreme Court has noted the judicial opinions of the European Court of Human Rights in cases involving privacy rights of same-sex partners and the juvenile death penalty.

Congressional Action since the 1930s

For almost two hundred years, the fifty states regulated family law because the federal government did not. The Tenth Amendment left states with “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it.” Beginning with the New Deal legislation of the 1930s, Congress has used its powers under the Commerce Clause, the Full Faith and Credit Clause, and the spending power to set policy. A brief look at the areas of child support and child protection illustrate how Congress has set the national social welfare agenda by passing laws, allocating money for programs, and requiring states to comply with federal regulations to receive funding.

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Making children the winners in custody cases

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Making children the winners in custody cases

Divorced Co-Parenting Oxymoron

Divorced Co-Parenting Oxymoron

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Equal Time with parents is best for children of separation – divorce.

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Equal Time with parents is best for children of separation – divorce.

Letter To Mothers With Daughter

https://youtu.be/5ZVmo_AxXkM?list=PL8JCdJuX7R3uMNAnu9Z-8d-6vvu1MyiCh

An Open Letter To Mothers With Daughter9cb2b-pledge2

An Open Letter To Mothers With Daughter’s

It’s time to break this cycle. Our children’s future depends on it.

Today, I want to focus on women who are in the midst of a divorce/ potential custody battle with the father who wants to co parent in a shared custody arrangement. I also want to talk about women who date emotionally unavailable men, who also find themselves constantly in a relationship with men who mistreat them. There is a reason for this. If you think you have just had a string of really bad luck, then my wish is that you take the time you truly deserve, and ask yourself why you are stuck in this cycle, of choosing men who hurt or reject you.

Dear Mothers of Daughter’s,

Before reading my article today, I want you to go back in memory to your childhood, and ask yourself, what kind of man was your father? We will come back to this a little later.

The reality is if you are reading this, half of you, grew up in a divorced home.

Unfortunately, we live in a world where the divorce rate succeeds marriage. Children often become the victims…

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“The Change is Long Overdue” ~ Florida Senate Bill 250 for Equal Shared Parenting is now law.

Permanent alimony, defined formulas are key points in new legislation

By Paul Giorgio – Producer

Justice Denied - No Jury in Family Courts - 2016

MELBOURNE, Fla. – Major changes could be coming to Florida’s alimony law.

Alan Frisher, co-founder of The Family Law Reform advocacy group, said the change is long overdue.

“I think our laws are really archaic,” he said. “We haven’t changed our laws for the last 50 years in essence and now it’s time to really make the change.”

Frisher said there are five key points to the proposed law. In addition to the removal of permanent alimony and the ability to modify or eliminate alimony at retirement, the bill also defines a formula judges must use when determining settlements.

“We want to be able to give judges discretion, but we don’t want to give them so much discretion that there’s no consistency from one sector to another, because right now there’s no predictability or consistency,” Frisher said.

Currently if someone paying alimony remarries, the courts can view the new spouse’s income as ‘family income’ that is eligible for an upward modification in payment.

Under the current law, modification is also possible if a payer earns a greater yearly salary. Payers cannot be brought back to court under the new bill.

A similar bill was vetoed in 2013 by Gov. Rick Scott. That bill had language that would have allowed it to apply retroactively. Scott said it would have unanticipated results. HB 943 has eliminated that language.

Source: New bill could mean big changes for alimony in Florida

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