BLACK HISTORY MONTH: Marian Wright Edelman

When talking about family law, we typically focus on topics like divorce, child custody, and parental rights. However, family law is really about protecting children and working to make sure they have the best future possible. Few individuals have done more to shape how we protect and advocate for children than Marian Wright Edelman – the founder of the Children’s Defense Fund. Today, we honor her for the work she’s done, everything from child welfare laws to education policies. Her work directly affects how our family law attorneys fight for children’s rights today.

Marian Wright Edelman was born in June 1939 in Bennettsville, South Carolina, during a time when segregation and racial injustice were deeply rooted in American society. Despite the obstacles against her, Edelman excelled in school and eventually became the first Black woman admitted to the Mississippi Bar. Her career began in the Civil Rights Movement, where she worked alongside leaders like Dr. Martin Luther King to fight for racial equality.

Her work in civil rights led her to focus on children’s issues. She noted that poverty, lack of education, and inadequate healthcare were hurting kids, especially children of color. This realization led her to found the Children’s Defense Fund in 1973, an organization that has since become one of the most powerful voices for children’s rights in the United States.

How has Edelman’s work shaped family law?

Edelman’s work has influenced laws and policies that affect vulnerable children, support families, and ensure that kids have access to education, healthcare, and legal representation. Here are a few key areas where her influence continues to shape family law today.

Child welfare and foster care reform

One of the biggest ways Edelman’s work influences family law is through child welfare and foster care policies. The Children’s Defense Fund, for example, fights to protect children from abuse and neglect, pushing for legal reforms that make the foster care system more effective.

Her advocacy helped with the Adoption and Safe Families Act (ASFA) of 1997, which prioritized placing children in stable and permanent homes instead of letting them linger in the foster care system. Thanks to the ASFA, courts must move quickly to find permanent solutions for children in foster care. This can mean either reunification with parents, placements with relatives, or adoption.

For family law attorneys, this means faster timelines for child custody decisions and more protections for children in foster care. It also means that, as attorneys working with foster parents or biological parents, we have clearer guidelines on what’s required to reunite families or finalize adoptions.

Access to legal representation for children

Before Edelman’s work, children had little to no voice in the legal system. The Children’s Defense Fund fought to ensure that kids, especially those in abuse and neglect cases, have legal representation. As a result, guardian ad litem (or best interest attorney) programs have become more common.

Today’s family law attorneys benefit from these changes because children’s rights are taken more seriously in custody cases. Judges now carefully consider the child’s needs, and we have more tools to advocate for our young clients.

Access to education for children in poverty

Edelman has always emphasized that education is key to breaking the cycle of poverty. The Children’s Defense Fund played a major role in securing funding for Head Start, IDEA, and CHIP – all of which help low-income children get the education and healthcare that they need.

This matters to us as family law attorneys because access to education is often a factor in custody disputes. Courts want to ensure that children have stability, access to quality schools, and the resources they need to thrive. Thanks to Edelman’s work, there are more legal protections in place to help make sure that struggling families get a fair shot at success.

Parental rights and family support

Through the Children’s Defense Fund, Edelman has fought for paid family leave, affordable childcare, and expanded food assistance programs. These policies have helped shape modern family law by ensuring that low-income parents aren’t unfairly punished for financial hardships.

Our family law attorneys advocate for fair child support arrangements and help families access resources that can keep them together. It also means that courts recognize the challenges that single parents face and are more willing to work toward solutions that benefit both parents and children.

Juvenile justice reform

Another important area of Edelman’s influence is juvenile justice. The Children’s Defense Fund has long opposed the criminalization of children, especially for minor offenses that disproportionately affect children of color. Instead, the organization pushes for policies that emphasize rehabilitation over punishment.

As family law attorneys, this matters to us because there are now more resources available for young people in trouble with the law. Courts are now more likely to look at alternative sentencing options, like counseling or community service, rather than having to send minors to detention centers. This shift aligns with our belief that children deserve a second chance, something that we fight for every day.

Even though Marian Wright Edelman stepped down as president of the Children’s Defense Fund in 2020, her work continues to shape family law. Today, issues like child poverty, racial disparities in the legal system, and access to quality education are still pressing concerns. Family law attorneys play an important role in addressing these problems by using the legal system to protect children, support families, and advocate for fair policies.

Whether it’s fighting for custody arrangements that prioritize a child’s well-being, helping foster parents navigate the adoption process, or ensuring that children with disabilities get the education they deserve, Edelman’s legacy is everywhere in family law.

At McCabe Russell, we know that family law isn’t just about legal battles—it’s about helping families find the best possible solutions for their children. Thanks to Black pioneers like Marian Wright Edelman, we have the tools and policies to make that happen. Her fight for children’s rights continues to inspire us, and her influence will be felt for generations to come. Contact us today for a confidential consultation by calling our offices or reaching out to us through our contact form. We maintain offices in Bethesda, Columbia, Fulton, and Rockville.