Family Law encompasses an expansive field that addresses issues like divorce, child custody and support as well as domestic violence and reproductive rights.
All lawyers strive to assist their clients, but those practicing family law bear an additional obligation due to the highly sensitive nature of such matters.
Divorce
Divorce is one of the primary reasons for seeking legal representation within family matters, often emotionally draining for all involved, particularly children. Divorce lawyers specialize in mediating an agreement between spouses that meets both sets of wishes while considering any possible impacts on children.
If a couple are unable to agree on the terms of their separation or divorce, a court will make decisions for them. This process is known as "contested divorce", and involves many complicated details requiring legal expertise as well as empathy from their lawyer.
Alimony and child support payments can have a dramatic impact on a family's eligibility for government benefits; so it is crucial that legal representation knows how to negotiate these contracts effectively. Furthermore, parents may file paternity cases to establish custody rights and visitation arrangements; often this requires DNA testing as evidence.
Child Custody
Parents facing family law matters that involve children, such as domestic violence, custody or visitation disputes should consult with a family lawyer near me as soon as possible. Most people seeking child custody resolution want to ensure both they and the child's rights are safeguarded.
Visitation and custody are often mistaken as one, but these two terms should be distinguished from one another. Custody includes both legal and physical custody responsibilities of parents for their child(ren). Legal custody refers to their right as parents to make important decisions for their upbringing such as healthcare, education and religious upbringing; physical custody involves daily care being given by one parent (usually known as the "custodial parent") with limited visitation rights with other parties involved.
Parents should strive to reach an agreement themselves regarding child custody and visitation arrangements, since courts generally give great weight to any parenting plan the parties come up with themselves. However, if the parents cannot come to an agreement then if necessary the courts may make the final determinations themselves. In order to modify an existing custody or visitation arrangement the petitioning parent must petition the court citing substantial change in circumstances as the basis of change in their petition.
Child Support
No matter if you are seeking or paying child support, it is wise to consult an experienced family law attorney. Child support payments serve to reimburse parents for expenses related to housing, food and clothing for their children; some states also mandate payments towards health insurance premiums.
Though most states provide guidelines to determine how much child support must be paid, many factors can impact its final amount. Your family lawyer can provide state-specific calculators and resources to estimate child support payments.
If you need to change the amount of child support payments, a family law attorney can assist in filing a petition for modification. Usually this involves appearing before a judge and providing documents such as tax returns, paychecks, mortgage information and employment details; your family attorney can help prepare for this hearing and present a strong case on your behalf at this hearing; judges may reduce child support payments if circumstances have changed significantly since filing your petition for modification.
Visitation
Child custody and visitation arrangements can be one of the primary points of contention in any divorce, and both parties need assistance from a family lawyer to come to an agreement that serves their child's best interests.
Visitations typically take place the day before or evening of a funeral service and are an opportunity for friends and family to pay their respects to the deceased in an informal environment. Attendees typically greet the family, offer condolences, and discuss fond memories from those present in a more casual environment.
melbourne courts typically grant both parents visitation rights unless there are compelling reasons not to. A judge may also grant overnight or weekend visits for noncustodial parents; however, visitation does not give these individuals any rights or duties regarding major decisions related to a child's life.
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