LibGuides: Family Law Research Guide: Primary Law (Statutes, Cases, Regulations)

Overview

Family law, with some exceptions, is largely a creature of state law, meaning that statutes, case law, and procedures can vary significantly between jurisdictions. This guide prioritizes Oklahoma state law resources—including relevant statutes, administrative codes, court rules, and judicial decisions—while also highlighting select federal and tribal sources that occasionally intersect with family law (e.g., immigration, federal benefits, or Indian Child Welfare Act matters). If you are a patron researching a family law issue in a jurisdiction other than Oklahoma, you should consult a research guide or legal resources specific to that state, as legal rights and processes may differ substantially. If you need help finding a guide for a particular jurisdiction, we will be happy to help!

State Statutes

This section highlights key Oklahoma statutory resources relevant to family law, including statutes governing children, juveniles, and marriage. These laws address a range of topics such as adoption, guardianship, child welfare, custody, and divorce. Both current digital resources and historical print volumes are included to support comprehensive legal research.

Oklahoma Statutes, Title 10. Children. (OSCN)
Title 10 of the Oklahoma Statutes governs laws related to the care, custody, welfare, and protection of children. It includes provisions on guardianship, adoption, paternity, juvenile proceedings, and the rights and responsibilities of parents and guardians.
Oklahoma Statutes, Title 10A. Children and Juvenile Code. (OSCN)
Title 10A of the Oklahoma Statutes governs the laws related to children and juveniles within the state. This title is a comprehensive legal framework designed to protect the welfare of minors, ensure appropriate juvenile justice proceedings, and regulate matters such as foster care, adoption, and child welfare services. It replaced and reorganized much of the previous law from Title 10.
Oklahoma Statutes, Title 43. Marriage. (OSCN)
Title 43 of the Oklahoma Statutes governs marriage, divorce, annulment, and related family matters. It provides the legal framework for the formation and dissolution of marriages, as well as rules concerning spousal support, custody, child support, and visitation.
Family Law Statutes & Court Rules (Westlaw)
Westlaw provides a hub of collected family law statutes and court rules from all 50 states and the District of Columbia. Westlaw login credentials required. Public patrons may access this resource via the public access Westlaw stations in the law library.

Oklahoma Statutes 2021 (and prior) by The Oklahoma Legislature
Call Number: KFO 1230 2021 .A4

Oklahoma Statutes for 2021 and prior years are available in the physical collection. Per House Bill 1799, 57th Legislature, 2nd Session (Okla. Stat. Title 75, §13) the Oklahoma Secretary of State is directed to provide Oklahoma’s official laws in electronic format, therefore from 2021 forward. Patrons seeking the most up-to-date version of the Oklahoma statutes should consult OSCN.

Federal Statutes

As noted previously, family law is largely governed by state law, but there are specific domains in which federal legislation is important to a full understanding of family law such as child support, custody disputes, domestic violence, and Native American children. Below are some of the significant federal laws in this area, though this list is not exhaustive and further research is recommended if you are researching issues implicating federal law.

The links below are to the GovInfo publication of the United States Code, which is freely available to the public but does not include annotations available in the United States Code Annotated (USCA - available on Westlaw) and the United States Code Service (USCS) available on Lexis+. Public patrons can access the United States Code Annotated in print in the collection or via the public access Westlaw computer stations.

Title IV-D of the Social Security Act (42 U.S.C. §§ 651–669b) (GovInfo)
This portion of the Social Security Act created the federal-state cooperative program for child support enforcement and led to the development of the Office of Child Support Enforcement.
Parental Kidnapping Prevention Act (PKPA) (28 U.S.C. § 1738A)
Requires states to give full faith and credit to custody determinations made in other states, provided the issuing state had jurisdiction.
Indian Child Welfare Act (ICWA) (25 U.S.C. §§ 1901–1963)
The Indian Child Welfare Act (ICWA) is a federal law enacted in 1978 to protect the best interests of Native American children and promote the stability of Native families and tribes. It establishes minimum federal standards for the removal and placement of Native children in foster or adoptive homes, prioritizing placement with the child’s family, tribe, or other Native families. ICWA recognizes tribal sovereignty in child welfare matters and seeks to prevent the unwarranted separation of Native children from their cultural heritage.

The Violence Against Women Act (VAWA) (originally passed in 1994; most recently reauthorized in 2022) focuses on domestic violence prevention and support for domestic violence victims. The act is codified in multiple titles of the United States Code including Tite 34, Chapter 121, Subchapter III and Title 42, Chapter 136, Subchapter III. The Violence Against Women Act provides funding for victim services, legal assistance, protective orders, and training; it also includes protections for immigrant victims through special visas (VAWA self-petitions).

The Respect for Marriage Act is a federal law that requires all states and the federal government to recognize marriages validly performed in other jurisdictions, regardless of the couple’s sex, race, ethnicity, or national origin. Enacted in response to concerns about the potential reversal of Obergefell v. Hodges, the Act repealed the Defense of Marriage Act (DOMA) and codified protections for same-sex and interracial marriages under federal law. The Respect for Marriage Act is codified at 1 U.S.C. 7 and 28 U.S.C. 1738C Chapter 115.

Uniform Acts

Uniform acts are carefully drafted model statutes designed to harmonize state laws across the U.S. When adopted by individual state legislatures, often with local modifications, they promote consistency in key legal areas—including family law. Below is a non-exhaustive list of uniform acts related to family law issues.

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Uniform Law Commission)
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) limits the state with jurisdiction over child custody to one, avoiding competing orders. The act also provides enforcement provisions for child custody orders. This uniform act has been enacted in every state (except Massachusetts).
Uniform Interstate Family Support Act (UIFSA) (Uniform Law Commission)
The Uniform Interstate Family Support Act (UIFSA) provides a standardized legal framework for establishing, enforcing, and modifying child and spousal support orders across state lines in the United States. It ensures that only one state has jurisdiction at a time, preventing conflicting orders and streamlining interstate cooperation on family support matters. The UIFSA has been enacted in all 50 states.
Uniform Parentage Act (UPA) (Uniform Laws Commission)
The Uniform Parentage Act (UPA) provides a comprehensive legal framework for establishing parent-child relationships, regardless of the parents’ marital status or gender. It addresses issues such as presumed parentage, genetic testing, assisted reproduction, surrogacy, and the rights of intended parents.
Uniform Marriage and Divorce Act (Uniform Law Commission)
The Uniform Marriage and Divorce Act is a model law developed by the Uniform Law Commission to standardize marriage, divorce, child custody, and spousal support laws across states. While not universally adopted, the UMDA has influenced many state statutes and provides a useful framework for understanding modern trends in family law.

Cases

Google Scholar - Case Law
Provides free access to U.S. Supreme Court, federal appellate, and state court decisions. Users can filter by jurisdiction and search for keywords, party names, or citations in family law cases.
Oklahoma State Courts Network - Oklahoma Cases (OSCN)
OSCN includes Oklahoma appellate and trial court opinions, searchable by court, topic, or citation. OSCN is freely available to the public and useful for locating Oklahoma-specific family law precedent, including decisions on custody, divorce, and parental rights.
Westlaw - Family Law Cases
Westlaw provides a comprehensive case law database including federal and state family law decisions, with advanced filtering, headnotes, and editorial enhancements. OU Law students and faculty can access via individual Westlaw accounts; Westlaw public access stations are available in the law library for public patrons.
Lexis+ - Family Law Cases Advanced Search
Lexis+ offers comprehensive access to federal and state family law cases, including decisions on divorce, custody, child support, adoption, and parental rights. Advanced search filters allow users to narrow results by jurisdiction, date, court level, or legal topic, and editorial features such as headnotes and Shepard’s Citations help assess case relevance and authority. Accessible to OU Law facutly and students through their Lexis+ accounts.
Justia Family Law Cases Outline
The Justia Family Law Cases Outline presents a curated outline of foundational family law cases—spanning marriage, custody, support, adoption, domestic violence, and related constitutional issues—from U.S. Supreme Court, federal appellate, and state courts. Each subtopic includes a brief description and links to the full text of nearly every case covered, all provided freely on Justia. This resource is intended as a supplemental study tool—not a substitute for primary legal research—helping students locate and contextualize key decisions in family law.

Regulations

Code of Federal Regulations (CFR) - Title 45 (Public Welfare)
Title 45 of the Code of Federal Regulations contains the federal rules that govern public welfare programs, including child support enforcement, foster care systems, adoption assistance, and welfare eligibility standards. It includes detailed requirements for how states administer programs under Title IV-D and Title IV-E of the Social Security Act. Researchers can access the most up-to-date version via the eCFR and official archival versions via GovInfo.
Oklahoma Administrative Code (OAC)
The Oklahoma Administrative Code is the official compilation of rules issued by Oklahoma state agencies. It includes important regulations from the Department of Human Services and other agencies that oversee child support enforcement, foster care, adoption services, and juvenile matters. The OAC provides insight into how Oklahoma implements and enforces family law-related statutes through agency-level rules and procedures.
The Federal Register -- Family Law-Related Rules & Notices
The Federal Register is the federal government's daily publication for proposed and final administrative rules, executive orders, and public notices. It includes key updates from agencies like the Department of Health and Human Services (HHS), Immigration Services, and the Department of Justice that impact child welfare, domestic violence services, and family-based immigration. It’s an essential tool for tracking pending regulatory changes and understanding the development of federal policies.
Office of Child Support Services - Policy
The Office of Child Support Services, a division of Health and Human Services, publishes federal guidelines and program instructions related to the administration of the child support program under Title IV-D. Its website includes policy interpretations, rulemaking updates, and enforcement tools used by states to coordinate services and ensure consistent national standards. This is a key resource for understanding both the legal framework and practical administration of child support enforcement.