Family relationships are the main concern for people in the field of law that specializes in family law. A Family Lawyer can help individuals in many processes of family building and even strengthening family bonds. Family lawyers can help individuals consummate a marriage or help them get separation by completing the divorce process. In the case of a divorce, family lawyers can also assist parents in getting custody of their child if that is their desire.
Family law is one of the most emotional professions because it is concerned with the custody of children. Family lawyers need to be emotionally connected with their clients because they will be intimately involved in their family lives. Family lawyers are involved in helping their clients achieve the following goals.
Divorce
Divorce is the name given to the procedure of ending or breaking the contract of marriage. In the eyes of the law, marriage is a contract that needs to be withheld by both parties. Marriage becomes a legal contract as long as both parties uphold the contract. If either party no longer wants to abide by this contract, they can file for a divorce.
The man or woman can file for a divorce. The laws for filing a divorce vary by state. All states have a no-fault divorce policy, but some states also include a separation period policy. A majority of the states have residency requirements that prevent people from shopping for policies with the state with the best divorce policy based on their requirements.
All states also have different rules that govern how the resources and liabilities must be divided between the two parties. The court in most states will try to make an equitable division of assets between both parties. That doesn’t mean that the court will divide all of the assets equally between both of the parties. The court will take into consideration factors like the contributions made by each member, the length of the marriage, and the emotional or financial needs of each member.
Marital misconduct can also play a role in the division of assets. The court’s favor can quickly tilt towards the other member if one of them is involved in domestic abuse or infidelity.
Financial Or Spousal Support
Financial support from a former spouse for living support or maintenance is also known as alimony. Most states use a formula to establish how much financial support and for how long it must be given. In other words, it is based on the judge’s discretion. Even if the decision is based on the judge’s discretion, it is important to make sure that the judge has all the information to reach a mediatorial verdict.
One of the most important factors for the judge to reach a verdict is the marriage duration. Another factor influencing the judge’s decision is the person’s ability to pay and the amount of accumulated debt on the family. The court also takes into consideration the age of the individuals and whether or not they can work to pay off the loans.
The job of a family lawyer is to present proof and pieces of evidence based on these factors. The family lawyer will present the judge with these proofs and evidence to get a verdict in favor of their client. Based on the evidence, the judge may issue a favorable verdict. Derek L. Hall, PC is a Mississippi-based attorney at law specializing in many different areas of expertise in the law.
Prenuptial & Postnuptial Agreements:
A prenuptial agreement is a contract that the man and woman sign before getting married. The prenuptial agreement determines who gets what in the case of a divorce. For example, if either one of the two individuals has a prized possession, it will be listed in the prenuptial agreement. They will also list that they are the owner of this possession before the marriage. They will want to declare ownership of these possessions even in the case of a divorce.
One thing which is not mentioned in the prenuptial agreement is who gets custody of the child. Similarly, child support is another issue that is not mentioned in the prenuptial agreement. Everything else, for example, property, assets, and spousal support may be listed in the prenuptial agreement. After the individuals get married, that same document can be referred to as a postnuptial agreement.
Child Custody
Child custody is a complex issue in the field of family law. There are so many things which need to be taken into consideration.
For parents who ask “Can I get sole custody of my child?“, it depends on whether the court sees you best suited for the child’s welfare.
For a court, the first and foremost concern is the interests of the child. The court determines who has a better emotional bond with the child.
The court is also concerned with whether any of the parents have a criminal record or any substance abuse issues. Even so, the court’s main priority is for the parents to reach an agreement about the child. A court will usually pass judgment based on what the parents agree about the child. A court will take into consideration what both the parents agree about what to do with the child.
If the parents cannot agree on who gets the child, a family lawyer must present the case on behalf of its client. A family lawyer might have to present the child’s school records, their client’s medical or criminal record, and possibly even testimony from a certified psychologist or substance abuse counselor. The family lawyer must also consider all the applicable laws and local jurisdiction that apply in condition, as the family lawyer is collecting all of this information.
Difference between Physical Custody and Legal Custody
A majority of the states divide custody of the child into two parts. One is physical custody and the other legal custody. Physical custody refers to who physically gets to keep the child. Legal custody refers to which parent has the privilege of making decisions about the child’s future.
A court might decide to share physical custody of the child at different times between the parents. Another possibility is that the court might award primary physical custody to one parent while the other might have partial rights. Similarly, a court can decide to share only one type of custody between the parents without sharing the other type of custody.
A family lawyer must be aware of the difference between state laws for each state. The information on these minor differences could lead to a parent winning or losing a case. Most family lawyers are well-acquainted with the local laws of their state. This information of the law can help a family lawyer provide a realistic expectation to their client.
Child Support
A child who comes into this world has the right to receive support from both of their parents. One of the main objectives of child support is to deliver a child of separated parents the same financial privileges as a child with both parents would have. Each state has a different formula for calculating child support.
The formula to calculate child support depends on a parent’s income. The court may also decide to give a parent tax deductions or deductions on the health insurance based on who has physical custody of the child. The time a parent spends with a child is also considered positively by a court in some states.
A family lawyer collaborates with their client to ensure that the child support amounts are precisely accurate. This is especially true when one parent is trying to hide income or assets gained from other sources besides their job. On the contrary, a court might decide to show some leniency if one of the parents is unemployed or underemployed. The family lawyer will also work in conjunction with the court to ensure that the court’s information on behalf of their client does not contain any oversight.
Dealing With Neglect and Domestic Abuse
Domestic abuse and neglect is a very sensitive area of the law. A parent can face neglect proceedings if a parent is unable to fulfill their guardianship responsibilities appropriately. A family lawyer might have to represent a child as the victim of the neglect. In other cases, a lawyer might have to represent a parent charged with neglecting their duties as a parent.
The main goal of a family lawyer is to represent its clients charged with an accusation of neglect to get custody of the child. State standards for terminating a parent’s rights over their child are very high. Family lawyers aggressively defend their clients even if they receive the slightest hint that a parent’s rights could be terminated.
The Intricacies of a Practicing Family Lawyer
As a practicing family lawyer, you will come across many clients who are facing some of the toughest times in their lives. Honestly and ethically, helping out clients at some of the worst times in their lives will give you very strong references. Your clients might move on to become successful people later in their lives, and they will also consider you as a part of their family.