Family law deals with family related issues
and domestic relation. Most family law practices focus on representing clients
in a divorce and the issues related to divorce such as the division of marital
property, child custody and support, alimony and more.
Family lawyers also draft prenuptial and postnuptial agreements and litigate
related matters.
Here are some family law practices
that you can encounter:
Divorce
Divorce is the process of breaking the contract
of matrimony. When partners no longer wish to have this relationship, they must
file court papers in order to ask for a divorce. The rules for a divorce vary
depending on where you live where it’s filed. While all states allow for
no-fault divorce, some states require a period of separation.
Prenuptial and post-nuptial agreements
A prenuptial agreement is a contract that
parties sign before they get married. Prenuptial agreements usually list who
gets what in the event that the parties get divorced. There are some things
that can’t be included in a prenuptial agreement like child custody and child
support agreements. Otherwise, the parties can create an agreement that
outlines things like separate property, distribution of the assets and spousal
support in the event of a divorce. When the parties enter into this kind of
agreement after they get married, it’s a post nuptial agreement.
Child custody
Child custody is one of the most debated
and contested areas of family law Coolangatta. The court considers things like which parent
has the greater bond with the child, whether each parent has a stable home and
whether either parent has a significant criminal record or substance abuse
issues. If parents agree on custody, the court usually follows the agreement.
If the parents can’t agree, family lawyers present the evidence to the court
about the child’s best interests.
Legal and physical custody
Most states divide custody into legal
custody and physical custody. Physical custody is who actually, physically has
the child at any given time. Legal custody is who makes major decisions about
the child. Physical custody and legal custody can be shared between the
parties, or the court might award primary custody to one of the parents. It’s
also possible to share one type of custody without sharing the other.
Child support
Child support is largely determined by
formula. Each state has their own formula for making child support
calculations. Most formulas consider each parent’s income, allowable deductions
for taxes and other expenses, a child’s health insurance expenses and whether
they have child care needs. Some states also consider the amount of time that
each parent
Abuse and neglect proceedings
It is one of the sensitive areas of family
law practice. When the state believes that a parent isn’t able to appropriately
care for a child, they might initiate abuse and neglect proceedings. They might
represent a parent accused of abuse or neglect, or they might even represent a
child. When family lawyers represent clients in abuse and neglect proceedings,
they work to help their clients either defend against allegations of abuse or
neglect or help their clients comply with services and other requirements in
order to regain custody of their children.
Many family lawyers work in small law firms
that specialize in family law or midsized law firms with a family law practice.
Others work in nonprofit legal services organizations that represent low income
clients in various family law matters. Family lawyers are involved in very
personal aspects of their client’s lives.
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