Cultural Considerations in Family Law

In the United States, each family has a unique cultural background filled with its own customs and traditions. Cultural factors can affect family disputes. However, it will be up to U.S. law to determine how to resolve those disputes.

Family courts can consider culture when making family law decisions. If you have questions about how courts consider your culture in a family law case, talk to a local family law lawyer.

Do Courts Consider Culture in Family Law Cases?

Families may look very different in different parts of the world. When people from other countries come to the U.S., they bring their culture with them. According to the U.S. Census Bureau, people in the U.S. communicate in more than 350 languages.

Some cultures are likelier to have other grandparents and extended family members involved in raising the child. These cultural differences can be significant in deciding family law cases. Generally, courts will consider culture when making certain family law decisions, including in child custody cases.

When Does the Court Not Consider Culture?

Cultural considerations are not necessarily the determining factor in family law issues. If a parent has a legal right in the United States, the court will protect their rights. If another country doesn’t provide the same legal rights, the court will still protect their rights in the United States.

For example, some cultures practice polygamy. In the U.S., having more than one spouse is against the law. A family court would not grant marriage to a second spouse, even if the person’s culture allows it.

Similarly, if a married couple comes from a country with much lower divorce rates, the court would not prevent a divorce just because of the culture. If either spouse meets the requirements for getting a divorce under state law, the judge will grant the divorce, even if it is against cultural norms.

What Role Does Culture Play in Determining Custody Arrangements?

The court bases most child custody decisions on the child’s best interests. Culture is one of many factors in child custody arrangements. Factors the court may consider in custody disputes include:

• Communication between parents
• History of abuse or neglect
• Parental duties
• Stability in the child’s education, family life, and community life
• Availability of extended family
• Sibling relationships
• Child’s preference
• A stable environment for the child’s well-being
• Daily physical, emotional, and educational needs of the child 
• Other relevant factors

What Impact Do Cultural Traditions Have on Child Support Obligations?

Cultural traditions may have less impact on child support. Child support is generally decided by state child support guidelines. Each legal parent must provide support to the child. You typically cannot negotiate child support. Generally, the noncustodial parent will make monthly support payments to the custodial parent.

Factors in child support are primarily financial. Depending on the state, factors to calculate child support include:

• The income of each parent
• Number of children
• Other support obligations
• Time spent with the child
• Childcare costs
• Healthcare needs
• Other extraordinary expenses

How Can You Handle Cultural Sensitivity in Family Law Proceedings?

Talk to your lawyer about cultural issues before going to court. Explain your cultural background and how that may impact family law cases. If your family comprises mixed cultures, talk about how your family embraces the cultural differences.

If cultural factors differ from traditional Western child-rearing, your attorney may use an expert to explain things to the court. An expert witness can tell the court about the cultural expectations for families of your heritage. This can give the judge the information necessary to make decisions based on your family’s best interests.

What Resources Are Available To Help Different Cultures Navigate the Family Law System?

Official family court websites can be beneficial in navigating the legal system. If there is a large community of people from your background, the courts may also provide information in different languages. Family courts help provide information about the legal process, your rights, and what resources are available.

You can also use cultural organizations to get referrals for other resources. This could include local churches, schools, or cultural centers. However, ensure you are only getting legal advice from a licensed attorney. Unlike in other countries, only lawyers can give you legal advice. Notaries, counselors, and paralegals cannot provide legal advice.

How Can You Find the Right Family Lawyer for Your Culture?

If your cultural background impacts your family, you should explain this to your family lawyer. You want to find an attorney who understands your background and parenting style. If you speak another language at home, you may want to find an attorney who speaks your native language. You may also want to find an attorney from your cultural background who already understands your experience.

Seek an experienced family court lawyer to answer your questions about cultural considerations in family law cases.