Family Law Newsletters

Child Custody and Religion

Religion is usually not an issue in child custody proceedings, even if the parents practice different religions. For example, if a child has a Christian mother and a Jewish father, a court will not consider the merits of either religion in determining which parent should have custody of the child. The court will grant custody to one parent, or joint custody to both parents, and the child will be exposed to both the mother's religion and the father's religion.

Application of the Indian Child Welfare Act

The Indian Child Welfare Act (ICWA) is a federal law that sets minimum standards for the removal of Native American children from their homes. The ICWA is designed to preserve and strengthen Native American families and culture.

The Multiethnic Placement Act

The Multiethnic Placement Act (MEPA) is a federal law, enacted in 1994, that prohibits racial and ethnic discrimination in connection with adoptions and foster care. A 1996 amendment, called "Removal of Barriers to Interethnic Adoption," reaffirmed and strengthened the MEPA.

Child Custody in Divorce Actions

In most divorce cases involving parents of minor children, the parents resolve the issue of child custody in a parenting agreement. A parenting agreement is a plan for raising a child after the parents are divorced.

Sterilization of an Incompetent Individual

Sterilization of an incompetent individual is a hotly contested area of the law. Some states permit sterilization requests and others do not. From a traditional standpoint, the decision of whether to sterilize an incompetent individual is a family decision.