AIP Professional Series · Chapter 4 of 11 · Research

Legal Research in Family Law

AI accelerates the front end of research. It cannot replace the verification work that makes research reliable.

Research OrientationPrimary Source VerificationInterstate Issues

The Landscape

Four Primary Source Categories — All Current Versions Required

Family law research draws on four primary source categories: state statutes (the domestic relations code, child support guidelines statute, parentage act); state case law (holdings that define what equitable distribution means, what best interests requires, what constitutes a substantial change in circumstances); local court rules (deadlines, required forms, filing requirements); and administrative guidelines (child support guideline calculation frameworks).

Each category has a current version that must be consulted. Statutes are amended. Case law develops. Local rules are updated. Guidelines are revised on the federal review schedule and sometimes more frequently. An AI tool whose training data has a cutoff date may describe law that has since changed.

The research discipline: Use AI for orientation — before you open the primary source databases. A well-structured prompt gives you the conceptual framework, key terms and concepts to search, major cases typically cited in the area, and factors courts typically consider. That framework then guides your Westlaw or LexisNexis research. Every legal claim the AI generates is a hypothesis to be tested, not a conclusion to rely on.

AI Orientation by Research Area

Custody research. AI identifies the governing standard and its major factors, the distinction between legal and physical custody, the framework for modification, and the search terms to use. Then verify in Westlaw.

Property division research. AI identifies community property vs. equitable distribution framework, the factors considered in equitable distribution states, the treatment of specific asset types, and the relevant search vocabulary.

Support research. AI identifies the guideline model used in the jurisdiction, factors supporting deviation, the modification standard, and search terms. Then verify the current official guidelines against the state agency source.

Interstate and International Jurisdiction

The UCCJEA governs jurisdictional conflicts in custody matters across state lines. The UIFSA governs jurisdiction over support orders when parties are in different states. AI can orient you to the general framework of both uniform acts — but your state's specific version and courts' interpretation require primary source research.

Ready-to-Use Prompts

Adapt these prompts for your practice and jurisdiction. Click Copy to paste directly into any AI tool.

Family Law Research Orientation

I am a family law attorney researching [specific issue — e.g., the standard for custody modification, business valuation in equitable distribution, imputed income in child support calculations, the treatment of inheritances in equitable distribution] in [state]. Please provide a research orientation: the general legal framework, the key factors courts consider, the major distinctions I should be alert to, and the search terms most likely to surface relevant authority in Westlaw or LexisNexis. Flag anything that commonly varies by state so I know what to verify in our jurisdiction specifically.

Interstate Jurisdiction Analysis — UCCJEA

I have a family law matter involving parties who have recently moved across state lines. [Describe the facts: which state each party is in, how long they have been there, where the children are, and any existing orders.] Help me orient to the UCCJEA framework: which state likely has home state jurisdiction, what arguments are available if jurisdiction is contested, and what I need to research in the specific statutes and case law of the states involved. Flag what requires primary source verification.

Chapter Quiz

Legal Research in Family Law

5 questions — no limit on attempts.