Television and movies frequently suggest that family lawyers only handle divorce cases. However, the scope of family law extends far beyond divorce, addressing issues like child support, property division, and alimony. Family law is a branch of civil law that typically involves matters affecting spouses, children, and parents.
Because the issues that fall under the family law umbrella are some of the most emotional and complex legal matters, it is best to consult an experienced family law attorney. When it comes to winning a case, hiring a lawyer who will handle your case with the utmost respect and sensitivity can make all the difference, especially when children are involved.
A family law attorney understands your challenges and is dedicated to protecting your rights and securing a favorable resolution. Keep reading to learn more about the different types of cases a family lawyer handles.
What Types of Cases Does a Family Lawyer Handle?
The most common areas of family law include divorce, separation, child custody, child support, and adoption or foster care cases. Each of these areas comes with its own challenges, emotional difficulties, and lasting consequences for the adults and children involved. Given the broad scope of family law, choosing a reputable attorney who is well-versed in family law cases and can provide you with helpful resources and information for your case is essential.
Family lawyers handle a variety of cases, including:
Divorce or Separation
Whether because the spousal partners grew apart over the years or one party acted in misconduct, an overwhelming majority of marriages end in divorce. A dissolution of marriage, commonly known as a divorce, is the legal process by which a married couple formally ends their marriage.
It’s not required for both spouses or domestic partners to consent to the dissolution of the marriage. Either spouse or partner has the right to end the relationship, and the other cannot prevent the process from moving forward, even if they do not agree. That said, the process of ending a marriage is often more complicated than many believe.
Divorce cases involve settling a wide range of issues, such as:
- Property or debt division
- Spousal support/alimony
- Child custody and support
- Retirement accounts
- Taxes and insurance
The terms of a divorce settlement are specified in a divorce decree, which is a legal document issued by the court to officially finalize the divorce. Divorce cases can be one of the most contentious and emotionally draining experiences any family can face.
For this reason, it is highly recommended that you hire a family law attorney who can approach issues such as who will get the house rationally and within the law. Additionally, while most divorce cases are settled without going to court, with only about three to five percent proceeding to trial, if your case does go to trial, you should hire a lawyer who is prepared to fight for your best interests in court.
Alimony and Spousal Support
Alimony, or spousal support, is paid to the financially disadvantaged spouse to help maintain a standard of living similar to what they enjoyed during the marriage.
In calculating spousal or partner support, the court examines several important factors, such as:
- The length of the marriage
- Each spouse’s earning ability
- Living expenses and lifestyle
- One spouse’s contributions as a homemaker
Support may be temporary while the divorce is pending or continue until the recipient remarries. When a couple divorces, spousal support is not automatically granted but must be requested by the eligible spouse during or after the divorce.
The paying spouse can dispute the request or ask for a modification in court, but the judge ultimately makes the final decision. Family lawyers are skilled at achieving excellent outcomes in alimony cases due to their deep understanding of state laws, terms, and any changes related to financial distribution and term limits.
Child Custody and Visitation
Child custody and visitation cases are frequently seen in family law courts and arise when a parent seeks to establish or modify custody arrangements and determine visitation schedules.
In a child custody case, the court decides which parent will have the legal right to make important decisions about a child's life, including choices related to education, healthcare, and religion.
Typically, custody is either awarded solely to one parent or shared jointly, with both parents involved in decision-making. Even when one parent is granted sole custody, the court will decide the non-custodial parents’ visitation rights. Visitation refers to the legal arrangements that allow the non-custodial parent to remain involved in their child’s life.
When making custody and visitation decisions, the court usually considers the best interests of the child. Several factors are taken into consideration when making decisions about custody and visitation, such as:
- The child’s age
- The child’s physical and emotional health
- The child’s relationship with each parent
- The child’s emotional well-being
- The ability of each parent to provide for the child
Custody orders can be amended when significant changes in the child’s or parent’s circumstances affect the child’s well-being. For example, a custody order may be modified if a child enters adolescence and wishes to change visitation arrangements or if a custodial parent plans to move.
To alter an existing court-ordered custody arrangement, sufficient and clear evidence must be presented to show that significant changes in circumstances warrant a modification. Because parents do not want to forfeit their rights to their children in most circumstances, child custody cases are often intense and filled with disputes. Whether you are looking to secure sole custody or trying to figure out the best accommodations for your child, you can count on a passionate and professional legal team to support you.
Child Support
Child support refers to payments made by one or both parents to support their child's needs. It is generally paid to the custodial parent or guardian. The court can issue an order for child support as part of a divorce decree or through a separate child support case.
The amount of child support is typically determined by:
- The income of both parents
- The number of children involved
- The child’s needs
In some situations, the court may also require the parent to provide health insurance coverage for the child. If the paying spouse believes the child support amount is unfair, they may petition the court to challenge the order.
On the other hand, the receiving spouse may file a petition to increase child support or to enforce the order if payments are not being made. Custodial parents can seek legal remedies such as contempt of court, property liens, or withholding tax returns to compel the non-paying parent to fulfill their child support obligations.
In cases where the paternity of a child is questioned, a family lawyer can help to disprove or prove paternity through DNA testing. Once paternity is established, the biological father can be mandated to contribute child support and granted visitation rights.
If a man discovers he has been paying child support for a child who isn’t biologically his, a paternity attorney can provide the necessary guidance. A paternity lawyer can determine whether the man has grounds to challenge the existing child support order based on new evidence (DNA results).
Dealing with a Challenging Family Situation? Consult a Family Law Attorney
Family law courts deal with sensitive family issues that can influence the future of all parties involved. You need the right family lawyer to advise you so you can make informed decisions that benefit you and your family. If you are dealing with a difficult family situation that requires court intervention, call a firm near you to schedule your complimentary case review and take your first step toward achieving a fair and just resolution.