Family law is a very specialized area of practice, so lawyers who focus on this area are experts in the laws, procedures, and practices involved. Because family law cases can involve complicated financial, social, and legal issues, working with an attorney may leave you feeling overwhelmed. Depending upon your situation, you might have many questions about proceeding.
Family law firms generally handle the following cases under the broad umbrella of family law.
Child Neglect or Abuse Cases
When it comes to child neglect or abuse cases, most states do not have separate courts to handle these cases. The cases are typically handled in family law courts. Suppose someone suspects that a child has been neglected or abused by their parent(s). In that case, they can submit an affidavit to the court explaining the situation, and they will be allowed to appear in court to prove their case. The court will then examine all of the evidence presented and determine what is in the best interest of that child before making any decisions regarding custody, visitation rights for non-custodial parents, or terms for child support.
Domestic Violence Restraining Orders
If someone has been the victim of domestic violence, they may file for a restraining order to keep their partner away. A petitioner can request that an ex parte temporary restraining order (TRO) be issued first without even notifying their partner. However, if necessary, another hearing date will be set so that both parties will have the opportunity to present evidence at the hearing. If there are specific instances where they feel endangered by physical harm, they might also seek a civil stalking protective order.
Child Custody and Visitation Cases
In most family law cases tackled by a divorce lawyer Richmond Tx, child custody and visitation are handled as part of the divorce case if the couple can not agree. If no agreement can be made between the two parents, a judge will decide based on what they feel is in the children’s best interest. The court always tries to keep siblings together whenever possible and prefers keeping the children with their parent(s).
Child Support Cases
In some states, child support cases are handled separately from divorce cases. If this is done, someone who has been ordered by a court to pay child support does not have any rights regarding visitation with their children. For either party involved to seek the other’s participation decisions regarding education and health issues, the court must find it in the children’s best interest.
Divorce Cases
If a person wants to terminate their legal status as being married, they will file for divorce. A divorce petition is filed in court and given to the other spouse. The parties wait a certain amount of time depending on state law, then they can obtain their attorney and appear in court to obtain a decree of divorce, which legally ends the marriage.
Paternity Cases
Paternity cases are filed by a mother or a man claiming to be the father of a child when questions arise about who is legally responsible for paying child support or being named on a birth certificate as the child’s father. Paternity cases can also be filed if someone wants to establish rights as the father of a child, such as visitation with their children. To file for paternity, it must first be established that there is enough evidence that each party could be the baby’s blood relative before any legal action can occur.
The law surrounding families can be complicated and confusing, especially in cases where a couple breaks up. Several different family law cases have their own set of rules and regulations. Family law cases include divorce, paternity, child custody, child support, spousal support or alimony, domestic violence restraining orders, and child neglect or abuse. Family law cases also include prenuptial agreements before a couple gets married. These contracts spell out what will happen to property acquired during the marriage if one spouse dies or decides to divorce.