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Understanding Family Law – Protecting Your Rights and Relationships

William Colton by William Colton
November 4, 2023
in LAW
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Many people find career satisfaction in family law. They may value the money, peer approval, or community recognition that the field offers. Family law covers a broad range of issues. It includes divorce proceedings, child custody disputes, and alimony. It also deals with the power of attorney, adoption, and domestic violence.

Table of Contents

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  • Marriage
  • Divorce
  • Child Custody
  • Child Support
  • Domestic Violence

Marriage

A married couple’s legal rights to their matrimonial home are a significant focus of family law. The home is more than an asset; it serves as the focal point of daily family life and satisfies a fundamental human need for accommodation. What constitutes a “family” is also a key component of Volusia County family law. Religious and social conservatives insist that marriage can only be between a man and a woman, citing religious scripture and the basic biology of human reproduction as their support. Social liberals and progressives have pushed for laws that allow gay and lesbian couples to marry as well. Because family lawyers frequently deal with deeply personal issues, strong people skills are essential. Prospective family lawyers often gain early experience in this field through externships, fellowships, and internships at nonprofit organizations and small to midsized law firms.

Divorce

Family lawyers often work with divorced clients, as well as people seeking to marry and establish a family. In these cases, a lawyer may draft crucial documents like property agreements and court petitions. They can also advise their clients on their legal rights and help them gather evidence to support their case. In cases involving children, a family lawyer must ensure that the best interests of the child are always paramount. While the “tender years doctrine” once favored mothers, now many states consider a child’s relationship with both parents and other factors when making custody decisions. A family law attorney can help you file for a divorce or even a legal separation (unavailable in all states). They can also help you seek spousal support, though most attorneys cannot do this on a contingency basis and will require full payment upfront.

Child Custody

The primary focus of family law is children, as parents struggle with issues such as legal and physical custody. Judges consider various factors when making these decisions and may give significant weight to any agreements the parents develop on their own. Noncustodial parents are usually required to pay child support, which is determined by state guidelines and calculations considering each parent’s income. Family courts also try to maintain frequent and continuing contact between children and both parents unless it would be harmful to the child. Alternative dispute resolution methods such as mediation and collaborative law allow parties to work out their solutions outside court. A family lawyer can help you determine the best path forward for your situation.

Child Support

Whether it’s child custody or divorce, these issues impact nearly every family. They are emotional, complex, and challenging to resolve. A lawyer experienced in this practice area can help. Family law also governs the legal process of adoption, establishing a legal parent-child relationship between individuals who are not biologically related. It also covers restraining orders and other protective measures for victims of domestic violence. A trusted relationship with your family lawyer is essential to a successful outcome. Look for an attorney who listens to your concerns, is transparent about the legal process and potential outcomes, and works collaboratively to achieve your goals. They should also be willing to meet with you regularly to provide updates and answer any questions. This fosters trust and communication, which are critical to the attorney-client relationship.

Domestic Violence

Family law covers many cases, from domestic violence restraining orders to estate planning. This area of law is people-focused and requires empathy, a thorough understanding of state laws, and the ability to argue legal points effectively. Domestic violence is a pattern of behavior that includes physical, emotional, and financial abuse. It can include anything from one hit that does not cause injury to stalking and a pattern of threats and assaults. It can also include psychological abuse such as isolation, “mind games,” sabotage of employment or property, and the destruction of pets. It is often challenging to recognize abusive patterns of behavior. Victims must seek help from a trusted health professional and keep a record of the incidents.

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