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Things Everyone Should Know About Family Law

October 30, 2019 by Mark Thomas Crossland, P.C.  

Family law is a legal practice area that focuses on issues involving family relationships. It includes adoption, divorce, and child custody, among others. Several family law attorneys even specialize in adoption, paternity, emancipation, and other matters not usually related to divorce.

What Is Family Law?

Statutes, court decisions, and provisions of the federal and state constitutions that relate to family relationships, rights, duties, and finances are included in family law.

The law relating to family conflicts and commitments has grown ever more important as legislators and judges have reexamined and redefined legal relationships surrounding divorce, child custody, and child support.

Family law has become twisted with national debates over the structure of the family, gender bias, and morality. Despite state made many changes and federal legislators, family law remains a contentious area of U.S. law. It originates strong feelings from those who have had to enter the legal process.

Key Points Of Family Law:

Divorce: A divorce dissolves a marriage in one of 2 ways. All states allow for no-fault divorces. That is one spouse files for divorce by stating a general reason, such as the inability to get along in the relationship.

Most states also allow for fault divorces, in which one spouse faults the other for desertion, adultery, cruelty, or another established reason. Each partner recruits their own attorney, who will help devise a settlement plan to avoid a trial. Divorce attorneys excel at dividing marital property. They can calculate spousal support, and proposing a plan for child custody, visitation, and support.

Child Support: A family court will determine the payment amount. One or both parents may get permission for physical custody. They can determine whether the children will live with one or both parents and whether one parent will have visitation rights.

By law, noncustodial parents must contribute a monthly amount to help provide for the children’s expenses. One or both parents will also have legal custody. They can make major decisions about the children’s health care, education, and religion.

Paternity:  A paternity test determines the identity of a child’s father and can factor into child custody and child support cases. The mother files the paternity cases to ensure child support payments from an absent father. But sometimes birth parents file for paternity to have a relationship with their child. DNA testing determines paternity in most cases.

Adoption: Adoption is a complex process that differs according to the type of adoption, where the child is from, variances in state laws, and other factors. Thus, it’s important to discuss with a family law attorney. Adoptive parents sometimes adopt, but the foster process does not require legal representation.

Visitation rights: In a separation or custody action, permission granted by the court to a noncustodial parent to visit his or her child or children. Custody may also refer to visitation rights widened to grandparents. Visitation rights depend on the agreement of the court order.

Useful Terms for Family Law:

Emancipation: A court process through which a minor becomes self-supporting. It also assumes adult responsibility for his or her well-being and is no longer under the care of his or her parents.

Marital Property: Property acquired by either partner during the course of a marriage that is subject to division upon divorce.

Alimony: An allowance made to one spouse by the other for support during or after a legal separation or divorce.

Paternity: Father must have an identity so that the child can identify his own father.

Marital contract: Court makes an agreement between a man and a woman before marrying in which they give up future rights to each other’s property. It could be in the event of a divorce or death.

End Words:

Sometimes family law attorney might also need to deal with criminal matters. Attorneys can specialize in specific areas, such as juvenile law or domestic violence. A couple may turn violent on one another or a child may break the law. As a highly-expertise Attorney with over thirty years of skills, Mark Thomas Crossland, P.C is an expert in all aspects of family law. He will fight heart and soul for your interests.