Family Law: Basic Facts We Should Know About the Law that Protects Family
What is family law?
Family law is a practice area that encompasses the many legal issues that families may face. These issues include:
- divorce
- spousal support
- child support
- custody
- division of assets and liabilities due to divorce
- adoption
- termination of parental rights
- paternity
- dependency and child neglect
- protection from abuse
What does family law cover?
Civil procedures and legal matters involving family members’ financial responsibilities, custodial rights, eligibility, and other obligations generally fall under the family law category. Domestic violence and child abuse are included in this section, although they are criminal matters. The following is a list of family law topics:
Marriage & Living Together: Eligibility requirements such as age and gender (i.e., same-sex marriage) are primarily governed at the state level. Also, different states have different laws governing legal partnerships other than marriage.
Divorce & Alimony: Also called “dissolution of marriage,” divorces come about via court order, either with or without legal representation. Sometimes one spouse will be required to provide financial support for the other after a divorce.
Child Custody & Child Support: When parents get divorced, the court must decide what is in the best interests of the children, which includes living arrangements and financial support.
Adoption & Foster Care: A variety of legal considerations may come into play when adopting or fostering a child.
Parental Liability & Emancipation: Parents often are liable for the actions of their children. Some children may become “emancipated” if they can prove their maturity and ability to live apart from their parents.
Reproductive Rights: Laws governing abortion, birth control, artificial conception, and other reproductive rights are established at the state level and change often.
Domestic Violence & Child Abuse: While these violations are handled in criminal court, they often raise legal issues affecting the family, as well.
When Do I Need a Family Law Attorney?
As with most other areas of the law, whether you need a family law attorney depends on a number of factors specific to your case. For example, a couple generally won’t need a lawyer to get married, but attorneys may be required if one party asks the other to sign a prenuptial agreement.
Individuals often benefit from hiring an attorney when dealing with divorce, child support, and especially child custody matters. Because emotions can run high during some divorces, hiring an attorney for her legal knowledge and skills, as well as to negotiate with the other party to resolve difficult issues, can be invaluable.
Most lawyers offer free initial consultations, so it may be worth your time to speak with a family law attorney if you have additional questions.
Other types of family law include:
Dependency law
Adoptions
Restraining orders
Visitation
Guardianships
Conservatorships (Elder Law)
Emancipation
Juvenile delinquencies/dependencies
Family law often involves a number of complicated and emotionally charged issues, many of which require an outside mediator to resolve. It takes a committed and compassionate lawyer to provide guidance for families during these types of difficult processes. Even though the courts assist individuals in small ways during these types of family law issues, an objective and independent lawyer is often needed to help bring an equitable and just resolution to your problems.