Family Lawyers - Dealing With Issues That Affect Families

frankston family lawyers specialize in representing families dealing with a range of legal matters that affect them, such as divorce, child custody and domestic abuse issues. Furthermore, these legal specialists often help create estate plans as part of their services.

Frankston offers legal aid to those unable to afford private legal representation, with assistance granted on an individual need basis. This service is open to approved Victorian applicants.
Child Custody

Child custody refers to the parental right and responsibility to raise, care for and make decisions for their children. Custody arrangements can involve physical placement or primary placement and legal custody (decision-making power relating to healthcare and education decisions). A judge usually awards joint legal custody but there may be exceptions; non-parents who have played an instrumental role in raising a child may file under a legal provision called loco parentis.

Most cases involving child custody end in trial, though mediation or arbitration can also help find resolution. Parents typically agree on an arrangement for custody; however, in certain situations this is either not possible or not best for the children. Once a custody order has been granted by a Court, either party can petition to change it; this type of change petition is known as "custody modification," and must show there has been a substantial change in circumstances to justify change.
Divorce

Divorce is the legal termination of a marriage and should be handled by family law attorneys with experience and skill in family law matters. Issues such as child custody, property settlement and alimony should all be part of this process. When hiring an attorney to handle your divorce it's essential that both skills and experience are combined to meet all necessary standards for effective representation.

Lawyers can assist with your divorce by preparing documents, filing them with the court and representing you during mediation or alternative dispute resolution processes. They can also assist with reaching an agreement outside court by creating legally-binding Consent Orders that outline parenting responsibilities.

Divorces can take time, depending on the circumstances and whether at-fault or no-fault grounds for divorce are chosen. Some states require a trial separation period prior to granting a divorce decree; this may or may not apply in all instances; during trial separation you can still retain next-of-kin rights for medical decisions and financial matters.
Property Settlement

When it comes to property settlement, we can advise you of your legal rights and options. We will assist in calculating what is owed to you as well as any outstanding debts.

Financial agreements, consent orders and property settlement agreements (PSA) can all be prepared by us. Sometimes the parties involved can come to an agreement about how their assets should be divided themselves, but sometimes assistance from lawyers is necessary to ensure a fair outcome is reached. We can act as legal check-points during these processes as well.

A Property Settlement Agreement (PSA) is a legally-binding contract that details every aspect of your property division, disposal and support agreements, custody arrangements for children and spousal/partner support obligations. A PSA typically addresses specific bank accounts as well as life insurance proceeds, trust and investment accounts as well as expectations about inheritance or leave entitlements and can be completed at any stage before court proceedings begin.
Domestic Abuse

Domestic violence refers to any set of behaviors which threaten, intimidate, control or terrorize one partner and can take many forms, including physical, sexual, emotional and economic abuse. It may involve either opposite-sex partners or same-sex partners and relationships such as marriage, living together, dating or cohabiting, and affect people of any age, race, religion, education level or socioeconomic status.

An abuse may manifest itself through:

If you are being victimized, it's essential that you tell someone. Telling may be difficult at first but eventually will bring relief and support - the longer an abusive relationship continues the harder it is for victims of abuse to leave and sometimes survivors may blame themselves, making seeking assistance more challenging still.