Family law is an area of legal practice with a primary focus on issues that pertain to family relationships, including divorce, child custody, and adoption as well as other family-related issues. Family law attorneys represent clients in family court proceedings and negotiations, and they can also draft legal documents, such as property agreements or court petitions. Some family lawyers specialize in specific areas, such as adoption, emancipation, or other matters that aren’t related to divorce; however, most family law attorneys are experienced in all family law matters. Here are some of the most common things that family law covers.
Divorce
Going through a divorce is one of the most overwhelming and draining experiences that families can face. Divorce cases often involve complex estates, custody issues, and assets; all of which require the knowledge and experience of an attorney to assure you are treated fairly throughout the process. It’s important to know that marriage and divorce laws vary by state, so it’s important to hire an attorney that is experienced in the divorce laws of your state. It’s also important to note that the cost of a divorce varies depending on the type of divorce, the number of assets being divided, child custody, and a host of other factors. An experienced and knowledgeable divorce attorney is generally skilled at dividing the marital property, proposing a plan for child custody, visitation, and child and/or spousal support.
Adoption and/or Foster Care
Adoption is often a complex process that differs depending on the type of adoption, variances in the state laws, and where the child is from as well as other complex factors. In many situations, foster parents adopt children that they are fostering and although the process of fostering a child doesn’t always require legal representation, if you choose to adopt a child you are fostering, you will need to go through a legal adoption process. Due to the complexity involved in adoption, it is important that you consult with your family law attorney.
Paternity
In the majority of cases, mothers file a paternity case in an attempt to legally prove who the father is of their child and to secure child support payments from an absent father. However, in some cases, the biological father will file for paternity in order to have a relationship with their child. Paternity is generally determined through a process known as DNA testing, however, a family law attorney can advise you and guide you through the process, especially if there is resistance from either the mother or the father.
Child Custody and Child Support
One of the most challenging factors of separating couples is determining who will have custody of the children. In most divorce cases, custody and support are generally included in the case: however, they may be changed or revised as conditions in households and other circumstances change. For example, if the noncustodial parent’s financial situation changes, the child support may be also changed to meet the new financial situation. Child support orders are determined by what is reasonably necessary for the adequate support of the children. Child custody is generally determined at the time of the final hearing; however, in some situations, temporary custody may be awarded to one parent during the divorce process and then awarded to the other parent at the time of the final hearing.
Domestic Violation Protection
Domestic violence is typically a term that describes abusive behavior that involves physical or emotional maltreatment of a family or household member. A family law attorney can assist you with obtaining protective orders through a court order which prohibits further abusive actions and/or behaviors.
Domestic violence may include:
- Physical abuse
- Exploitation
- Stalking
- Harassment
- Willful deprivation
- Interference with personal liberty
- Intimidation of a dependent
Household or family members may include:
- A spouse
- Children and/or stepchildren
- Parents
- Ex-spouse
- Girlfriend or boyfriend that has or previously had an engagement or dating relationship
- Significant other
- Persons who currently or previously lived together
- Persons with a disability and/or their personal assistants
- Persons who share or allegedly share their blood relationship through a child
One of the best benefits of hiring an experienced family law attorney is the representation you will receive throughout the process of your case. Your attorney will have your best interest in mind and will conduct all necessary and reasonable research in order to represent you appropriately. If you are involved in a domestic violence situation, it is critical that you seek help as safely and as quickly as possible. If you are aware of domestic violence that involves a child or someone that is disabled, it is also important that you contact the proper authorities as soon as you become aware of the situation.
