What is Family Law?

Family law is the branch of law that pertains to family relationships. The practice of family law is one of the most emotional areas of practice. It involves divorce and termination of parental rights. Adoption contested custody of children, and child support obligations are part of family law.

Attorneys practicing family law represent clients in family court proceedings, draft property agreements, and legal documents such as court petitions. There are some family law attorneys that specialize in paternity, emancipation, and adoption, or other areas not related to divorce.

Cordell & Cordell is an example of a firm that provides families legal help when they run into issues spanning from divorce and family disputes. There are many divorce lawyers across the world who specialize in men’s family law.

The practice of family law can involve any of the following subjects:

  • Divorce
    • Divorce is breaking the marriage contract.
    • The rules for divorce differ depending on the state it is filed in.
    • Divorce cases are like other civil litigation cases and are heard in state court.
    • Evidence such as depositions, subpoenas, and interrogatories can be used.
  • Alimony and Spousal Support
    • Some states use a formula to determine the amount of support.
    • Length of the marriage is considered.
    • It depends on someone’s ability to pay, and levels of debt jointly accumulated.
    • The ages of the parties and their employability is considered.
    • Any misconduct of either party is considered.
  • Pre and Post Nuptial Agreements
    • A prenuptial agreement is a contract signed prior to the marriage.
    • This agreement lists who gets what in the event the marriage ends in divorce.
    • A post-nuptial agreement is entered into after marriage.
  • Child Custody
    • This is family law’s most hotly debated area.
    • Usually, states will decide on custody and parenting time based on what is best for the child, such as which parent has a stronger bond with the child, which parent has a stable home, and if either parent has a criminal record or substance abuse problems.
  • Legal and Physical Custody
    • Physical custody is which parent has the child full time.
    • Legal custody makes major decisions on behalf of the child.
    • They can share legal and physical custody between parties, or the court might award one parent primary custody.
  • Child Support
    • Children have the right to receive support from both parents.
    • The goal of child support is to provide for children whose parents live apart.
  • Abuse and Neglect Proceedings
    • If the state determines a parent cannot provide appropriately for the child, abuse and neglect proceedings will begin.
    • The attorney can represent either a parent accused of abuse or neglect of the child.
    • Standards for terminating parental rights are extremely high, and family lawyers must advocate aggressively for their clients if the state wants to terminate these rights.

Those who are looking for legal help for a family matter should consider contacting an expert such as the Cordell & Cordell team to help resolve issues so the matter can be settled and everyone can move on.

 

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