SCOPE:
This research guide is not all-inclusive. It does,
however, present resources available at the CWSL library and online regarding
legal issues associated with California Family Law. It is designed to provide
the researcher with guidance as to the location of materials dealing with this
subject. Additional research can be conducted by using the KIM system, legal
periodical indexes, and other finding aids. Access to Lexis, Westlaw, and
the Internet is limited to students and faculty at CWSL. We welcome
suggestions for improving this and other research guides. Please consult the
Reference Librarian about suggestions and further research questions.
I. PRINT
SOURCES
A.
Codes (Laws)
California Family Law and Rules. St. Paul, MN.: Thomson/West.
LOCATION: Core
Collection and 4th Floor
CALL NO.: KFC 115 .A29
W47
Deering’s
California Codes Annotated : California Family Code. San Francisco: Bancroft-Whitney/Lexis
Publishing.
LOCATION: Core
Collection & 4th Floor
CALL NO.: KFC 30.5 .D43
West’s Annotated
California Codes : California Family Code. St. Paul, MN: West Group. LOCATION: Core
Collection & 4th Floor
CALL NO.: KFC 30.5 .D43
Larmac Consolidated
Index To The Constitution And Laws Of California. San Francisco: Recorder Publishing Co.
LOCATION: Core
Collection and Reserve (on CD-ROM)
CALL NO.: KFC 40 .L3
B. Uniform Laws
These volumes
set forth proposed statutes, some of which have been adopted by California and other states.
Uniform
Laws Annotated.
(Most family matters may be found in volume 9 parts 1-4, volume 9A parts 1-2,
and volume 9B). St. Paul, MN: West Publishing Co.
LOCATION:
4th Floor
CALL NO.: KF
165 .A5 U51
Principles
of the Law of Family Dissolution : Analysis and Recommendations. Washington, D.C.: American Law
Institute.
LOCATION: 4th
Floor
CALL NO.: KF
535 .P752 2002
C.
Court
Rules
1. State-wide Rules
In each county, Family
Court is Division V of the local Superior Court, and thus the state-wide rules
governing Family Court proceedings can be found in Title Five of the California
Rules of Court. The California Rules of Court can be found in the following
sources:
California Family Law and Rules. St. Paul, MN: Thomson/West.
LOCATION: Core
Collection and 4th Floor
CALL NO.: KFC 115 .A29
W47
California Rules Of Court, State. St. Paul, MN: West Publishing Co.
LOCATION: Reserve
CALL NO.: KFC 992 .A199
Rules of Court and
Ninth Circuit Rules : Deering’s Desktop Code Series. San Francisco: Lexis Law Publishing.
LOCATION: Core
Collection and 4th Floor
CALL NO.: KFC 992 .A197
Deering’s California Codes Annotated. (After
“Revenue and Taxation”; look for “Rules Of Court” on the spine). San Francisco: Bancroft-Whitney.
LOCATION: Core
Collection
CALL NO.: KFC 30.5 .D43
West’s Annotated California Codes. (After “Civil
Procedure”; look for “Court Rules” on the spine). St. Paul, MN: West
Publishing Co.
LOCATION: Core
Collection:
CALL NO.: KFC 30.5 .W4,
v.23 pt.2
2. Local Rules
Most local Superior
Courts have also enacted their own rules governing practice in the Family
Court; anyone appearing in that court must follow both the state and
local rules. In San Diego County, look under “Division V: Family Law”; in
other counties, the rules may be organized differently. Local rules can be
found in the following places:
San Diego County Rules Of Court. Los Angeles: Metropolitan News-Enterprise.
LOCATION: Reserve
CALL NO.: KFC 992 .A2
1989
Court Rules: Southern California. (San Diego County is in Volume 3). Los Angeles: Daily Journal Corporation.
LOCATION: Reserve
CALL NO.: KFC 992 .A2
1978
Southern California Local Court Rules : Superior Courts.
St. Paul, Minn.: West Publishing Co.
LOCATION: RESERVE
CALL NO.: KFC992 .A195
D. Encyclopedias
Witkin, B.E. Summary
Of California Law. San Francisco: Bancroft-Whitney.
LOCATION: Core Collection
& Reserve
CALL NO.: KFC 80 .W8
1987
v.10 and Supplement -
Parent-Child
v.11 and Supplement -
Husband & Wife
Cal Jur 3d. San Francisco: Bancroft-Whitney.
LOCATION: Core Collection
CALL NO.: KFC 80 .C29 v.32-33
E. Practice Sets -- California
Abbott,
Malvina E.J. et al. California Juvenile Dependency
Practice. Berkeley, CA: CEB.
LOCATION:
Core Collection & Reserve
CALL NO.:
KFC 1196. C34 2002
Albaum, Shelley L. et
al., California Child Custody Litigation and Practice.
Berkeley, CA: CEB.
LOCATION: Core
Collection and Reserve
CALL NO.: KFC 130 .C355
Allphin, Sondra J. et
al. California Domestic Partnerships. Berkeley, CA: CEB.
LOCATION: Core
Collection and Reserve
CALL NO.: KFC 120 .C35
Amyx, Carol et al. California Marital Settlement And Other Family Law Agreements. Berkeley, CA: CEB.
LOCATION: Core
Collection & Reserve
CALL NO.: KFC 126 .C34
1997
Hogoboom, William P. et
al. California Practice Guide : Family Law. Encino, CA: Rutter Group.
LOCATION: Reserve
CALL NO.: KFC 115 .H63
Kirkland, Kathryn et al, eds. California
Family Law Practice And Procedure. New York: Matthew Bender.
LOCATION: Core
Collection
CALL NO.: KFC
115 .C34
Practice Under The California Family Code: Dissolution, Legal Separation, Nullity. Berkeley, CA: CEB.
LOCATION: Core
Collection, Reserve and 4th Floor
CALL NO: KFC 126 .P72
Sherman, Ed.
How To Do Your Own Divorce In California: A Complete Kit For An
Out-Of-Court Divorce Or Dissolution Of A Domestic Partnership. Santa Cruz, CA: Nolo Press.
LOCATION: 4th
Floor.
CALL NO.: KFC
126 .Z9 S53
Stein, Joseph
J. et al, eds. California Community Property with Tax
Analysis. New York: Matthew Bender.
LOCATION: 4th
Floor
CALL NO.:
KFC 125 .C6 C34
Zagone, Frank
et al. Do Your Own California Adoption : Nolo’s Guide for Stepparents
and Domestic Partners. Berkeley, CA: Nolo Press.
LOCATION: 4th
Floor
CALL NO.:
KFC 132 .Z33 2003
*Note: The forms included in this volume
are not sufficient for an adoption proceeding in San Diego Superior Court. For
copies of the additional forms required by local judges, visit the San Diego
County Public Law Library.
F. Practice Sets and Treatises --
National
Atkinson,
Jeff. Modern Child Custody Practice. New York: Lexis/Kluwer.
LOCATION: 4th
Floor
CALL NO.: KF
505.5 .A98 2000
Family
Law Reporter
(1974-present). Washington, D.C.: BNA. “Reference” binder includes federal
law and regulations, uniform and model acts, selected state laws, divorce laws
from all states and practice aids. The “Current Developments” binder includes
highlights and current indexes.
LOCATION:
4th Floor
CALL NO.: KF
503.4 .F35
Herman,
Gregg, ed. 101+ Practical Solutions for the Family Lawyer. Chicago: American Bar Association Section of Family Law.
LOCATION: 4th
Floor
CALL NO.: KF
505 .A2 A15 2003
Hollinger,
Joan Heifetz, et al. Adoption Law And Practice. New York: Matthew Bender.
LOCATION: 4th
Floor
CALL NO.: KF
545 .A93
Morgan, Laura
W. Child Support Guidelines Interpretation and Application. New York: Aspen Law and Business.
LOCATION: 4th
Floor
CALL NO.: KF
549 .M672
Sullivan,
Mark E. The Military Divorce Handbook : A Practical Guide to
Representing Military Personnel and their Families. Chicago: American
Bar Association.
LOCATION: 4th
Floor
CALL NO.: KF
535 .S85 2006
Woodhouse,
Violet. Divorce And Money: How To Make The Best Financial Decisions
During Divorce. (3d ed. 1996). Berkeley, CA: Nolo Press.
LOCATION: 4th
Floor
CALL NO.: KF
524 .Z9 W66 1996
G. Hornbooks and Nutshells
Clark, Homer
H., Jr. The Law Of Domestic Relations In The United States (2d
Ed. 1988). St. Paul, MN: West Publishing Co.
LOCATION: Reserve
CALL NO.: KF
504 .C55 1988
Krause, Harry
D. Family Law In A Nutshell (4th ed. 2003). St. Paul, MN: West Publishing Co.
LOCATION: Reserve
CALL NO.: KF
505 .Z9 K7 2003
Mennell,
Robert L. & Thomas M. Boykoff. Community Property In A Nutshell
(2d ed. 1988). St. Paul, MN: West Publishing Co.
LOCATION: Reserve
CALL NO.: KF
526 .Z9 M46 1988
H. Periodical Indexes
1.
Online
|
Current
Index to Legal Periodicals (CILP)
|
Weekly index to over 500 major U.S. legal periodicals with
links to the full text through Westlaw and Lexis (Westlaw and Lexis passwords
required).
|
|
HeinOnline
Periodicals
|
Image-based collection of law journals, many from date of
inception to present. Also, pre-1981 Federal Register, treaties from 1776 and
U.S. Supreme Court from 1754. Author, title and full text of articles are
searchable.
|
|
Index
to Legal Periodical & Books
|
Searchable database and indexing service of the abstracts of
law-related articles. Link to a list of databases where the full text
of each article is available. Updated daily. Check "Legal
Periodicals and Books" to search 1982-present, and "Legal Periodicals
Retro" to search 1918-1981.
|
|
LegalTrac
Periodical Index
|
Searchable database and index of abstracts of U.S. legal periodical and newspaper articles from 1980 to present. Full text of some
articles is available.
|
|
Lexis-Nexis
|
Includes a searchable database of hundreds of U.S. and Canadian law reviews and journals, from 1982 to the present. Full text of
all articles available. Note: Lexis password required.
|
|
Westlaw
|
Includes a searchable database of selected documents from
hundreds of U.S. law reviews, journals, CLE publications and bar
journals. Full coverage for the entire run of some journals, and
coverage starting in 1994 for others. Full text of all articles
included in the database available. Note: Westlaw password
required.
|
2. In Print
I. Periodicals
American
Journal Of Family Law (1987-present). Eau Claire, WI: Professional Education Systems,
Inc.
LOCATION: 4th
Floor
CALL NO.: KF
501 .A3 A43
California Family Law Report (1977-1999). Sausalito, CA: California Family Law Report, Inc.
LOCATION: 4th
Floor
CALL NO.: KFC
115 .A1 C1
Children’s
Legal Rights Journal (1981-present). Washington, D.C.: Children’s Legal Right
Information and Training Program.
LOCATION:
3rd Floor Periodicals.
Family Advocate (1978-present). Chicago: American
Bar Association Section of Family Law.
LOCATION: 3rd
Floor Periodicals.
Family
Court Review.
Thousand Oaks, CA :
Sage Publications, Inc.
LOCATION: 4th
Floor and online at
http://kim.cwsl.edu/record=b1178344
CALL NO.: KF 505.5 .A15
F35
Family
Law Quarterly
(1967-present). American Bar Association Section of Family Law.
LOCATION: 3rd
Floor Periodicals.
Juvenile
And Family Court Journal ( 1978-present). Reno, NV: National Council of Juvenile and
Family Court Judges.
LOCATION: 3rd
Floor Periodicals.
Journal
Of Juvenile Law
(1977-present). La Verne, CA: La Verne College Law Center.
LOCATION: 3rd
Floor Periodicals.
Journal
Of The American Academy Of Matrimonial Lawyers (1985-present). Madison, WI: The Academy.
LOCATION: 3rd
Floor Periodicals.
UC
Davis Journal Of Juvenile Law And Policy (1996-present). Davis, CA: Advocates for the Rights of
Children : King Hall Law School, University of California at Davis.
LOCATION: 3rd
Floor Periodicals.
II. INTERNET
RESOURCES
NOTE:
Internet site addresses change frequently. Accordingly, some of these sites
may no longer exist under the addresses provided. To locate changed addresses,
search for the page title using an Internet search engine such as Google (
www.google.com) or HotBot (
www.hotbot.com
).
A. California
San Diego County Superior Court.
http://www.sdcourt.ca.gov
This site
contains the local Rules of Court, court calendars, fee schedules, local Family
Court forms, instructions for filing in Family Court and other information
regarding the San Diego Superior Court system.
California Family Code.
http://www.leginfo.ca.gov/calaw.html
This is the
Table of Contents to the 29 California Codes. Put a check in front of “Family
Code,” and click on “Search” to see the Table of Contents. To search for a particular
code section or term, type it in the box at the bottom of the page and click
“Search.”
California Courts Self-Help Center
http://www.courtinfo.ca.gov/selfhelp/family/
Links to
forms, rules, instructions and other information regarding Family Court
proceedings in the State of California, published by the Judicial Council of
California.
California
Department of Child Support Services
http://www.childsup.cahwnet.gov/
This agency
manages California’s county offices of child support enforcement. The site
includes links to California policies and procedures regarding child support
enforcement.
County of San Diego Department of Child Support Services
http://www.sandiegochildsupport.org
This agency
enforces the court’s child support orders, manages payments and establishes
paternity.
County of San Diego Health and Human Services Agency
Adoptions Program
http://www2.sdcounty.ca.gov/hhsa/ServiceCategoryDetails.asp?ServiceAreaID=61
This agency
investigates all local independent adoption petitions, establishes facts for
the termination of parental rights, and reports to the court before an adoption
is finalized.
B. National
Lexis-Nexis
http://www.lexis.com
The sources
of family law on Lexis are almost endless, but a good place to start is the
“Family Law” library, available under the “Area of Law – by Topic” directory.
This library includes practice manuals for many states, family law-related
cases for all 50 states, and access to the forms contained in Lindey and
Parley on Separation Agreements and Antenuptial Contracts. You will need
your own Lexis password to use this service.
Westlaw
http://www.westlaw.com
As with
Lexis, there are many databases in which you could search for family law
information on Westlaw. A good place to start is under the “Topical Practice
Areas” section of the Westlaw Directory. From there, you can click on “Family
Law,” which links you to state and federal cases and statutes related to family
law, forms, treatises, and practice materials for many states.
Federal
Office of Child Support Enforcement Home Page.
http://www.acf.dhhs.gov/programs/cse
Contains news
and information about the Office as well as policy statements, reports and
state links.
Uniform
Matrimonial and Family Laws Locator. http://www.law.cornell.edu/uniform/vol9.html
Contains
links to uniform laws related to marriage, family, adoption and parentage.
Indian
Child Welfare Act, 25
U.S.C., Chapter 21.
http://www4.law.cornell.edu/uscode/25/ch21.html
Also
available in print in United States Code, located in the Core Collection.
Full Faith
And Credit Given To Child Custody Determinations, 28 U.S.C. § 1738A
http://www4.law.cornell.edu/uscode/28/1738A.html
Also
available in print in United States Code, located in the Core Collection.
Adoption Assistance And Child Welfare Act Of 1980, 42 U.S.C. § 620 et seq.
http://www4.law.cornell.edu/uscode/42/620.html
Also
available in print in United States Code, located in the Core Collection.
The Children’s Bureau, 42 U.S.C. Chapter 6.
http://www4.law.cornell.edu/uscode/42/ch6.html
Also
available in print in United States Code, located in the Core Collection.
Child
Abuse Prevention And Treatment And Adoption Reform Act, 42 U.S.C. Chapter 67.
http://www4.law.cornell.edu/uscode/42/ch67.html
Also available in print in United States Code, located in the Core Collection.
Online
Catalog
CWSL’s online
catalog may be searched via
http://kim.cwsl.edu . There are dedicated computer
terminals for catalog access located in the Reference area and on the 3rd
and 4th Floors. The Library has many resources available on family
law that are not listed in this guide. You may find these resources by
searching under title, author, keyword or by subject, but the best place to
start is often “keyword.” The following are some selected terms used to search
by subject which may reveal useful materials about family law. To search for
discussions of these subjects in California, simply add “California” to the
search query, as in “California and adoption.”