10 Types of Family Law Cases
There are many different family law cases that occur daily. Find all you need to know about the common ones here.
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Introduction
Whether you are referring to extended family and relatives or just the immediate family that lives in the same home as you, families, in general, are complex units with lots of different dynamics. This is why when it comes to legal matters, there are many different types of family law cases.
Family law is just a broad, general term referring to any family matters that need to be handled by a legal professional or find themselves in the court system. Let’s take a look at some of the most common types of family law cases.
1. Marriage Dissolution (Divorce)
Nobody ever enters into a marriage with the intention of getting divorced. Unfortunately, life sometimes has other plans. Divorce cases can be quick and simple – or they can be long and drawn out. Factors such as whether there are minor children, a lot of assets, and so forth can impact the complexity of the case.
Having an attorney represent you ensures that you are getting the best outcome. Your whole life can be wrapped up in a marriage and you don’t want to lose things that mean so much. Whether it is determining custody of the kids or who gets the house – an attorney will help you get your fair share of your marital assets.
2. Child Custody
Child custody is another big part of family law cases. Whether part of a divorce or between two parents. There is a lot involved in child custody, such as having to determine visitation schedules and who is to handle what aspects of care of the child or children.
Depending on whether the situation is amicable or not, it can lead to a lot of very heated battles among both parties. Judges prefer that parents work through mediation to try to come up with an agreed-upon schedule, but unfortunately, this does not always work. When parents cannot come to an agreement, the judge will put a blanket schedule into effect for custody.
Family law attorneys are very skilled at negotiations and keeping the best interest of you and your children at the forefront of them.
3. Child Support
Child support is necessary in keeping both parents held accountable for taking care of the needs of the child or children. There are different ways in which child support may be handled and an attorney can help guide you through them – whether you are the one having to pay support or the one receiving it.
There are other departments in California that handle child support, such as the California Child Support Services. Your attorney can help you to understand which avenues you should take to make child support as easy and simple as possible for everyone involved. And, if you need help enforcing a child support order, they’ve got you covered there, too.
4. Domestic Partnership
Domestic partnerships are formed when two unmarried people live together and share a common domestic life. This is often done to gain some rights and protections that otherwise only apply to married couples, such as survivorship benefits, visitation in hospitals, and so on. These apply to both opposite – and same-sex couples.
5. Legal Separation
Legal separations do not dissolve a marriage. Instead, they keep the marriage intact for the most part while putting formal documents in place stating that the couple is legally separated. They are still technically married, but living separately. This can give the couple time to see if they really want to stay married or get divorced. After all, legal separations can be reversed but a divorce cannot.
6. Domestic Violence Protection Orders
When things are not happy at home, domestic violence issues can plague the victim. These situations can turn very dangerous – and even deadly – very quickly. Without anywhere to turn, many victims of domestic violence turn to the court for protection. Orders can offer some sort of safety from those who cause harm.
7. Guardianship
Someone who gains guardianship over another, whether a minor or adult with mental or physical disabilities, is able to make decisions for that person. Judges take these things very seriously, not wanting to hand over this right to just anyone, regardless of how necessary or time-sensitive it may seem.
Family law attorneys offer a lot of help in securing guardianship so that care can be placed into the right hands.
8. Adoption
Everyone wants a forever home. And those who are willing to give that to a child go through the adoption process. A family law attorney is able to ensure that all documents are properly signed and filed so that there is no issue with rights down the road.
9. Name Changes
We are each born with a name and, as permanent as it feels, it is possible to change it. Legal name changes can be done in family court – and an attorney can make sure they are done right.
10. Termination of Parental Rights
Sadly, sometimes parental rights need to be surrendered. This could be due to neglect, abandonment, threats to the child’s safety and well-being, or even when a parent is incarcerated. When this is the case, terminating parental rights is often in the best interest of the child.
The Importance of an Attorney
When it comes to any sort of legal case, it is important to walk into that courtroom represented by counsel than to walk in alone. This is especially true if the other party is represented as well. You never know what may happen in a court case and it is much safer to ensure you have someone leading the way.
Family law often includes some very important details of your life – whether it is about your marriage, protection for yourself or kids, the rights to your child, and so on. In other words, things you would never want to leave to chance. By not hiring an attorney to represent you, you are putting yourself and your family at risk.
Take the time to find an attorney who has experience dealing with cases like yours – and has found success doing so. This one step could potentially have a life-altering outcome.
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