Family law covers a host of legal areas including those related to marriage and children. Common issues for a family law practice include divorce, child custody (along with visitation rights) and adoption. In other words, this legal area deals with all legal topics related to households. It encompasses the beginning of households and the division of them.
Common Issues Seen in Family Law Practices
- Child Custody
The most common area dealt with by family lawyers is the matter of child custody. Decisions regarding custody can be particularly difficult during a divorce because the parents may be distrustful of each other at this point. In an effort to act in the child’s best interests, a court may assign legal and physical custody to one of the parents or it may decide that those rights should be shared. The result of a shared custody decision would have the child spending weekends, summers and alternate holidays with the parent who does not have custody. In such an arrangement, both parents would have an equal say in decisions that affect the child. - Child Support
Child support is another common part of family law since all parents are legally obligated to provide for their children. The amount to be paid will be calculated according to the laws of the state. Because custody and child support orders can be modified, family lawyers spend a lot of time representing their clients in proceedings to have the orders modified. The party requesting the modification will have to show the court that circumstances have changed in the period since the order was entered. - Paternity
Many family law cases also revolve around the establishment or disproving of paternity; however, this area has become less complicated with the advent of DNA testing. - Abuse
Family law also includes the prevention of abuse. Judges can assert jurisdiction in order to protect someone if an allegation of physical or emotional abuse has been made. The person making the allegation may be a child, a senior citizen or a spouse. In such a case, a judge will usually prevent further contact by issuing a restraining order.
When is it Necessary to Have Family Lawyer?
The need for an attorney is largely dependent on factors that are unique to your case. For example, a couple may not need an attorney if they want to get married; however, the services of an attorney may be necessary if one party wants the other to sign a prenuptial agreement. A prenuptial agreement allows a couple to opt out of their state’s default laws.
Having the services of an experienced attorney who is knowledgeable about this area of law can be advantageous. Family attorneys know how find assets that the other party has attempted to hide as well as how to present arguments related to child support and visitation. If talks between the parties fail, a family lawyer can take the case to trial. The services of a family attorney are necessary in uncontested cases as well since an individual may inadvertently waive important rights.