Whether you’re considering divorce, planning an adoption, or need help with a domestic violence issue, a family law attorney can guide you. But what exactly is family law?
It’s a surprisingly broad legal field that touches on many aspects of our lives. This article will break down what is family law, from divorce to prenuptial agreements to restraining orders.
Marriage
Whether you’re planning for marriage or considering divorce, you should seek legal advice. Your family lawyer can explain your options and help you make the best decisions for your situation. They can also assist with alternative dispute resolution methods such as mediation and collaborative law to avoid court litigation.
Roughly half of all marriages end in divorce. When this happens, you’ll need a family attorney to help with property division, alimony, and other issues related to divorce and legal separation. Your attorney can explain state laws and guide you through the process.
The field of family law is rapidly evolving to keep pace with changing social constructs around marriage. For example, a recent Supreme Court decision made same-sex marriage legal nationwide for the first time. Emory scholars like Charles Howard Candler Professor of Law Michael Broyde and up-and-coming faculty member Mark Goldfeder 12L 13L have written books exploring these and other pressing questions in family law.
Divorce
Divorce is an important part of family law, and it can involve many different issues. For example, a divorce may include the division of property, alimony, and child custody. It can also include other problems, such as domestic violence restraining orders and estate planning.
Divorce can have negative effects on children, including depression and anxiety. Parents should be mindful of these effects and take steps to minimize them. For instance, parents should avoid forcing their children to choose sides during divorce proceedings. This can lead to conflict and even anger in the future.
Alternative dispute resolution is a process that helps families resolve their legal disputes without going to court. It includes mediation, collaborative family law, and other methods. For example, a lawyer can help you and your spouse negotiate a divorce settlement agreement. When choosing a family lawyer, look for someone compassionate and understanding. You should also consider their availability and workload. The best lawyers often have a lot of clients, so it is important to find out how much time they can dedicate to your case.
Child Custody
In custody cases, courts strive to determine what arrangements will best serve a child’s emotional and physical well-being. They take into account the bond between a parent and child, parents’ abilities to provide for their children, and other factors like each party’s lifestyle and living situation.
Legal custody gives a parent the right to make decisions about their child’s medical care, education, religion, and other important aspects of a child’s upbringing. Typically, when possible, judges favor joint legal custody, in which both parents share the responsibility for making significant decisions about their children.
Judges also consider the role a child plays in each parent’s life and how long they’ve developed a healthy relationship with each other. They may award sole custody to one parent or grant joint physical custody, in which the child lives with both parents on a consistent schedule. Non-parents such as grandparents, siblings, aunts/uncles, and step-parents may be granted visitation rights in certain circumstances. Relocation issues are common in custody cases and require careful consideration of the impact on a child’s stability and access to both parents.
Paternity
Generally, when parents are married at the time of the child’s birth, there is a presumption that the husband is the father. When the parents are unmarried or when there is doubt about a father’s paternity, legal proceedings can help establish parental rights and paternal obligations.
In these types of cases, a man may be required to submit to DNA testing. The test results can then be used in a court proceeding to help establish paternity. Legal paternity can provide many benefits for a child, including access to medical insurance coverage, social security, inheritance rights, and more.
Family law attorneys can assist with paternity matters, from obtaining a voluntary acknowledgment of paternity to disputing an acknowledgment that has been signed incorrectly. A fast resolution to this type of case can help to mitigate financial and emotional strain for all parties involved. A lawyer can help navigate the process, explain how DNA tests work, and protect a client’s rights. A seasoned lawyer can also help to interpret test results and resolve disputes that arise from those tests’ outcomes.
Emancipation
Emancipation is when a minor leaves their parent or guardian’s care and becomes legally independent. This can have significant impacts on various responsibilities, including ongoing child support. Under New York law parents are required to financially support their children until they turn 21, unless the child is emancipated before that time.
Typically, a court must evaluate whether a minor can independently live and make adult decisions to grant emancipation. This involves assessing their income, ability to manage expenses, and other factors. It can also be based on specific events, such as getting married, joining the military, or finishing college.
Because of the serious impact of emancipation on parents, judges are careful to only grant emancipation where it is necessary. The process can be lengthy, requiring substantial evidence of independence such as employment records, student loan and credit history, and proof of living arrangements. The courts may also rely on the testimony of friends, family, and professionals such as counselors or teachers. In some cases, parents might voluntarily agree to extend financial support beyond a child’s age of majority.