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What Is Family Law

Family law is an emotionally charged area of law that deals with the sensitive nature of domestic relationship issues and how they influence all affected parties, including children. It is our goal at Legal Chiefs to help our clients find solutions to their problems, not create or exacerbate them. Most Family Law cases include settlements that require the help of divorce and child custody attorneys with in-depth knowledge of the laws and regulations related to child support, property and business valuations, parenting-time issues, and other important issues.

Types of Family Law

There’s more to Family Law than divorce cases only. It is a broad and general term used to describe a particular section of the law that, in addition to divorce, also deals with a range of other issues, including adoption, domestic violence protection, and guardianship. Below are some of the common cases that fall under Family Law

Divorce

According to statistics, about 40 to 50% of US couples go through a divorce. When you and your partner have decided to legally terminate your marriage, you need the help of a divorce attorney. That is necessary so both parties can reach a mutual agreement about your children, shared assets and debts, and parenting plans. In most cases, divorce settlements happen outside the courtroom, but if you do go to trial, your attorney will represent you in court.

Child Custody and Paternity

In case there is a question about the paternity of a child, you can seek the help of a family lawyer to prove or disprove paternity. The attorney can also help both mothers and fathers who want to develop a parenting plan after a divorce. This includes getting joint physical and legal custody, but it can also mean helping one of the parents to get sole custody if that’s proven to be in the best interest of the child or children. A child custody and paternity attorney can also help settle child support disputes. This includes settling the amount of the support, which parent should pay it, and what expenses each parent is responsible for covering.

Adoption

Although adoption is less common than divorce, it’s still a key element of Family Law. Whether you want to adopt a child or place a child for adoption, a family attorney can help navigate the challenges involved. Some states have very specific adoption laws and regulations, and working with a specialized attorney can ensure you have completed all the necessary paperwork correctly and on time. This can increase your chances of success when you’re looking to adopt a child.

Protection Orders

Family Law also provides support to victims of domestic violence. An attorney can help you file a restraining order against the aggressor. That way, you are legally protected from the aggressor, and if they violate the order, they can be arrested.

Marriage and Civil Unions

If you are planning on getting married or going into a domestic partnership or a civil union, you can turn to a family attorney to help you develop a prenuptial agreement or discuss your business, assets, and other legal matters. If you are already married, you can turn to a Family Law attorney to draw up a postnuptial agreement as well.

Guardianship

You will likely need a family lawyer if you are trying to get legal guardianship of a minor who is not your own. You can get guardianship of both children and adults who have developmental problems or suffer from dementia. In case your child has been placed in foster care, you can turn to a family attorney to help you get your child back

Frequently Asked Questions

It’s always a good idea to discuss major life changes, such as divorce, with a lawyer. They can offer legal advice and protect both your rights and the rights of your children.

When the parents cannot reach an agreement about the custody of the child, the court makes that decision based on the best interests of the child.

You can have either joint legal custody, joint physical custody, or both. This means both parents share the responsibility of the child, including school and health care matters.