In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases.
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
Paternity law refers to body of law underlying legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other as well as to others. A child's paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father's title or surname, as well as the biological father's rights to child custody in the case of separation or divorce and obligations for child support.
Parens patriae is Latin for "parent of the nation". In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention.
Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), was a case decided by the U.S. Supreme Court. The lawsuit, originally filed as Newdow v. United States Congress, Elk Grove Unified School District, et al. in 2000, led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of religion and therefore violate the Establishment Clause of the First Amendment to the United States Constitution. The words had been added by a 1954 act of Congress that changed the phrase "one nation indivisible" into "one nation under God, indivisible". After an initial decision striking the congressionally added "under God", the superseding opinion on denial of rehearing en banc was more limited, holding that compelled recitation of the language by school teachers to students was invalid.
Parental alienation syndrome (PAS) is a term introduced by child psychiatrist Richard Gardner in 1985 to describe signs and symptoms he believed to be exhibited by children who have been alienated from one parent through manipulation by the other parent. Proposed symptoms included extreme but unwarranted fear, and disrespect or hostility towards a parent. Gardner believed that a set of behaviors that he observed in some families involved in child custody litigation could be used to diagnose psychological manipulation or undue influence of a child by a parent, typically by the other parent who may be attempting to prevent an ongoing relationship between a child and other family members after family separation or divorce. Use of the term "syndrome" has not been accepted by either the medical or legal communities and Gardner's research has been broadly criticized by legal and mental health scholars for lacking scientific validity and reliability.
The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty that provides an expeditious method to return a child internationally abducted by a parent from one member country to another. The convention was drafted to ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence.
An interlocutory appeal, in the law of civil procedure in the United States, occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding. Interlocutory appeals are allowed only under specific circumstances, which are laid down by the federal and the separate state courts.
The tender years doctrine is a legal principle in family law since the late 19th century. In common law, it presumes that during a child's "tender" years, the mother should have custody of the child. The doctrine often arises in divorce proceedings.
The Indian Child Welfare Act of 1978 is a United States federal law that governs jurisdiction over the removal of American Indian children from their families in custody, foster care and adoption cases.
Levy v. Louisiana, 391 U.S. 68 (1968), is a decision of the Supreme Court of the United States. This decision deals primarily with the civil rights of illegitimate children, specifically in regards to their ability to sue on a deceased parent's behalf. It held that the right of recovery may not be denied merely because a person is the illegitimate child of the deceased because such a law would violate the Equal Protection Clause of the Fourteenth Amendment.
Kennedy v. Louisiana, 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States which held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits the imposition of the death penalty for a crime in which the victim did not die and the victim's death was not intended.
The Four Corners Rule is a legal doctrine that courts use to determine the meaning of a written instrument such as a contract, will, or deed as represented solely by its textual content. The doctrine states that where there is an ambiguity of terms, the Court must rely on the written instrument solely and cannot consider extraneous evidence.
Child sexual abuse laws in the United States have been enacted as part of the nation's child protection policies.
Parenting coordinator (PC) is a relatively new practice used in some US states to manage ongoing issues in high-conflict child custody and visitation cases by professional psychologist or a lawyer assigned by the Court. There are 10 states as of May 2011 that have passed legislation regarding parenting coordinators: Colorado, Idaho (2002), Louisiana (2007), New Hampshire (2009), North Carolina (2005), Oklahoma (2001), Oregon (2002), Texas (2005), and Florida (2009). Legislation has been pending in Massachusetts for many years without significant progress.
J.D.B. v. North Carolina, 564 U.S. 261 (2011), was a case in which the Supreme Court of the United States held that age and mental status is relevant when determining police custody for Miranda purposes, overturning its prior ruling from seven years before. J.D.B. was a 13-year-old student enrolled in special education classes whom police had suspected of committing two robberies. A police investigator visited J.D.B. at school, where he was interrogated by the investigator, a uniformed police officer, and school officials. J.D.B. subsequently confessed to his crimes and was convicted. J.D.B. was not given a Miranda warning during the interrogation, nor an opportunity to contact his legal guardian.
Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), was a decision of the Supreme Court of the United States that held that several sections of the Indian Child Welfare Act (ICWA) do not apply to Native American biological fathers who are not custodians of a Native American child. The court held that the procedures required by the ICWA to end parental rights do not apply when the child has never lived with the father. Additionally, the requirement to make extra efforts to preserve the Native American family also does not apply, nor is the preferred placement of the child in another Native American family required when no other party has formally sought to adopt the child.
Custody evaluation is a legal process, in which a court-appointed mental health expert or an expert chosen by the parties, evaluates a family and makes a recommendation to the court for custody matters, usually including residential custody, visitation and a parenting plan. When performing the custody evaluation, the evaluator is expected to act in the child's best interests.
Chafin v. Chafin, 568 U.S. 165 (2013), was a United States Supreme Court case in which the Court held the appeal of a district court's decision to return a child to his country of residence is not precluded by the child's departure from the United States. It arose from the divorce proceedings of Mr. and Ms. Chafin; she wanted their daughter to live with her in Scotland, while he wanted her to remain in the United States with him.
Haaland v. Brackeen is a pending Supreme Court of the United States case brought by the states of Texas, Louisiana, and Indiana, and individual plaintiffs, that seeks to declare the Indian Child Welfare Act (ICWA) unconstitutional. In addition to Haaland v. Brackeen, three additional cases have been consolidated to be heard at the same time. Those cases are Cherokee Nation v. Brackeen, Texas v. Haaland, and Brackeen v. Haaland.
