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Family Law Quarterly

Family Law Quarterly 57:4 (2024)

Charts 2023: Family Law in the Fifty States, D.C., and Puerto Rico

Family Law Quarterly Editors

Summary

  • Chart topics include divorce and alimony/maintenance, child custody, “nonparent” custody and visitation, child representation in abuse and neglect proceedings, property division, child Support, parentage, and domestic violence civil protective orders.
  • The charts have been updated through December 31, 2023.
  • The information in the charts should not be taken as legal advice. Family law in each state has many nuances, and the law is constantly changing. The charts are based on statutory language and not on judicially developed doctrine.
Charts 2023: Family Law in the Fifty States, D.C., and Puerto Rico
Xuanyu Han via Getty Images

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Overview

The topics of the 2023 charts are Chart 1: Divorce and Alimony/Maintenance; Chart 2: Child Custody; Chart 3: “Nonparent” Custody and Visitation; Chart 4: Child Representation in Abuse and Neglect Proceedings; Chart 5: Property Division; Chart 6: Child Support; Chart 7: Parentage; and Chart 8: Domestic Violence Civil Protective Orders. These charts are provided as a resource for practitioners, researchers, policymakers, and scholars. “Keys” for each chart include information about the criteria used when reporting information for each state.

The information in the charts should not be taken as legal advice. Family law in each state has many nuances, and the law is constantly changing. The charts are based on statutory language and not on judicially developed doctrine. For questions or feedback about the charts, please email Lisa F. Grumet, Faculty Editor in Chief, Family Law Quarterly.

2023–24 Contributors

Each year, the Family Law Quarterly (FLQ) editorial staff review and update the charts published in the journal. This process includes checking every statute, rule, and regulation listed in the charts for updates through the end of the calendar year, as well as conducting additional statutory research and consulting secondary sources.

In the 2023–24 academic year, the work on the charts was overseen by Executive Law in 50 Editors Alexa Gonzalez ’24 and Nora Kelly ’24, with support from Student Editor in Chief Alexandra Ogunsanya ’24, Development and Communications Editor Darryl Bobb ’24, Curriculum Editor Toni-Ann Kreisberg ’24, Research and Reference Editor Chelsea Ryan ’24, Executive Articles Editor Sofia O’Shea ’24, and Faculty Editor in Chief Lisa F. Grumet. Contributors included Senior Editors Meg Beauregard ’24, Nicole Keegan ’24, Meridith Kennedy ’24, Bogum Lee ’24, Kaitlyn McNeil ’24, Taylor Oslacky ’24, Theodore Richert ’24, Pamela Sausaitis ’24, Grace Shim ’24, Sarah Silbowitz ’24, Mary Sharmaine Tan ’24, and Elaine Villanueva ’24; and Junior Editors Chloe Adasa ’26, Jennifer Amada ’24, Jack Arakanchi ’26, Gino Bova ’25, Claudia Campos Martinez ’25, Jillian Colombo ’25, Arielle Edelheit ’26, Emily Fabbrini ’25, Natalie Halpin ’25, Jorge Herrera De Leon ’26, Alexis Ho ’25, Daniel Hubert ’25, Kelly Jackson ’25, Jordan Karpoff ’25, James Kelly ’24, Sarah Khan ’25, Evangelia Korkis ’25, Jamie Kornhaber ’25, Ian Leighton ’25, Shelby Luria ’25, Janie Mai ’25, Erin Martin ’26, Alexandria Neri ’25, Ranielle Nulman ’25, Abigail Paholski ’25, Maria Panikidis ’25, Anya Patterson ’25, Arya Parasnis ’25, Madison Phillips ’25, Miraz Rafaeli ’25, Sarah Sexton ’25, Christina Sperazza ’24, Felicia Tabachnick ’25, Nimra Tariq ’25, Gianna Vitello ’24, and Sharmin Yousuf ’26.

From ABA Publishing, contributors to the editing and design of the charts included Susan Lorimor, Managing Editor; Betsy Blumenthal, Copy Editor; and Kyle Kolbe, Director of Digital Publishing.

Previous Contributors

Charts surveying state laws have long been part of FLQ. There have been multiple iterations of the charts and many contributors. Contributors to the development and updating of the charts have included Professor Linda Elrod, FLQ Editor in Chief from 1992 to 2016, and students at Washburn University School of Law; and Professor Kendra Huard Fershee, FLQ Editor in Chief from 2016 to 2020, and students at West Virginia University College of Law. NYLS began working on the charts in 2020. Revised versions of Charts 1, 2, 3, 5, and 6 and a new Chart 4 were first published for 2020; new Charts 7 and 8 were first published for 2021. The current charts, keys, and updating systems were developed by Carolina Abdullah ’22, Shelby Arenson ’21, Natalie Gutierrez ’22, April Pacis ’22, Aliyah Polner ’21, and other NYLS students who are listed with the 2020 and 2021 charts; Professor Grumet; Copy Editor Sheila Sybrant; former ABA Managing Editor Lisa V. Comforty; and Professor Hayley Pine (who contributed to Chart 4).

2023–24 Bibliography

The information currently in the Charts is based on the NYLS editors’ review of the cited statutes, rules, and regulations from each state as of December 31, 2023. The editors have also consulted some secondary sources, including the sources listed below. Sources consulted for charts published in previous years are listed with those charts.

Everytown for Gun Safety (Chart 8, Domestic Violence Civil Protective Orders): Which States Prohibit Domestic Abusers Under Restraining Orders from Having Guns?, Everytown for Gun Safety, https://everytownresearch.org/rankings/law/prohibition-for-domestic-abusers-under-restraining-orders/.

Courtney G. Joslin, Shannon P. Minter & Catherine Sakimura, More Than Two Legal Parents, Lesbian, Gay, Bisexual & Transgender Fam. L. § 5:23 (updated Oct. 2022 to Sept. 2023) (Chart 2, Child Custody).

National Coalition for a Civil Right to Counsel (Chart 4, Child Representation in Child Welfare Proceedings): Status Map, Abuse/Neglect/Dependency—Children, Nat’l Coal. for Civ. Right to Counsel, http://civilrighttocounsel.org/map.

National Council for Adoption (Chart 7, Parentage): Post-Adoption Contact Agreement State Review, Nat’l Council for Adoption, https://adoptioncouncil.org/paca-state-review/; and Putative Father Registries, Nat’l Council for Adoption, https://adoptioncouncil.org/resources-and-training/important-adoption-laws/putative-father-registries-state-by-state/.

N.H. Off. of Legislative Servs., Rsch. Div., State Putative Father Registries (updated Feb. 21, 2023), https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-06/registrylist.pdf (Chart 7, Parentage)

Surrogacy 360 & Nat’l Ctr. for Lesbian Rts., Regulation Details in the US by State (updated Sept. 2022), https://surrogacy360.org/wp-content/uploads/2022/09/Regulation-Details-in-the-US-by-State_9.6.22.docx.pdf (Chart 7, Parentage).

Uniform Law Commission: Nonparent Custody and Visitation Act (2018), Unif. L. Comm’n, https://www.uniformlaws.org/committees/community-home?CommunityKey=e33c7569-9eb3-48ef-b998-cb2e558fa2de (Enactment History) (Chart 3, “Nonparent” Custody and Visitation); Parentage Act (2017), Unif. L. Comm’n, https://www.uniformlaws.org/committees/community-home?CommunityKey=c4f37d2d-4d20-4be0-8256-22dd73af068f (Enactment History) (Chart 7, Parentage).

U.S. Department of Health & Human Services, Administration for Children & Families, Office of Child Support Enforcement: Intergovernmental Reference Guide, Off. of Child Support Enf’t, https://ocsp.acf.hhs.gov/irg/welcome.html (profiles for each state) (Chart 6, Child Support Guidelines).

Jane Venohr & Savahanna Matyasic, Ctr. for Pol’y Rsch., Review of the New Hampshire Child Support Guidelines (2022), https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents2/css-2022-nh-child-support-guidelines-review-report.pdf (Chart 6, Child Support Guidelines; information concerns multiple states).

WomensLaw.org (Charts 1, Divorce and Alimony/Maintenance; 2, Child Custody; 3, “Nonparent” Custody and Visitation; and 8, Domestic Violence Civil Protective Orders): Legal Information, WomensLaw.org, www.womenslaw.org/laws (includes detailed information for each state concerning divorce, custody, restraining orders, and other topics)