Family law courts handle some of the most emotional and complex legal matters. Across the spectrum of family law cases, judges oversee life-altering decisions regarding marriage, parenthood, support obligations, and protecting vulnerable parties.
This article explores five common types of cases handled in family law courts and provides an overview of the legal processes involved with each matter.
Five Types of Family Law Cases
Divorce
Divorce is perhaps the most common family law case, and is the process of legally and officially dissolving a marriage. Proceedings address complex issues like property or debt division, spousal support, retirement accounts, taxes, insurance, child custody, and visitation.
When a spouse seeks to terminate the marriage, the family law court can rule for either annulment or divorce. Yet, a third option of legal separation exists. In the case of separation, the court still issues directives addressing the same issues as in a divorce case. However, unlike divorce, in legal separation, the parties remain legally married. This arrangement offers the advantage of potentially maintaining family healthcare coverage post-separation.
Divorces can be contentious and highly emotional, so mediation or therapy may be worth trying. In some instances, the court may mandate therapy sessions for the spouses to explore potential avenues for reconciliation before granting a divorce.
Alimony & Child Support
Family law courts handle alimony and child support cases as part of a divorce or separation. While both alimony and child support refer to financial arrangements, their main difference lies in the intended use of each type of payment.
Specifically, child support is paid to the custodial parent and is used to finance the child’s basic necessities, such as food, clothing, medical care, etc. The amount of support is determined by state statutory guidelines and considers both parents’ incomes and assets, the number of children needing support, and the child’s needs. Failure to pay the child support on time could prompt enforcement action. The support terms can be modified over time if substantiated circumstances change related to the need or ability to pay.
Alimony, or spousal support, is paid to the estranged, financially disadvantaged spouse, to sustain a lifestyle comparable to that experienced during the marriage. Factors influencing alimony include length of marriage, each spouse’s earning ability, living expenses and lifestyle, and one spouse’s contributions as a homemaker. Support may be temporary or continue until the recipient remarries. It is not automatically granted but must be requested by the eligible spouse. A family lawyer can litigate outstanding alimony results by leveraging state laws, terms, and limits.
Child Custody & Visitation
Child custody cases determine which parent a child will live with and who will make important life decisions regarding their upbringing (healthcare, education, and even religion). In visitation cases, the family law court determines the schedule and legal arrangements for the non-custodial parent to spend time with the child.
The court considers factors like the child’s age, relationships with parents, special needs, and parents’ ability to provide stability when awarding custody. Typically, either sole custody is granted to one parent or joint custody, where both parents share decision-making.
Custody orders can be modified later if substantial changes to the child’s or parents’ circumstances affect the child’s wellbeing. For example, if a child reaches adolescence and requests altering existing parent visitation terms, or if a custodial parent plans to relocate. Evidence must demonstrate changed situations to warrant altering existing court-ordered custodial terms. The court aims to issue revised orders considering the child’s best interests.
Adoption
Adoption legally establishes a parent-child relationship between a child and an adult non-biological parent. Different types of adoption include domestic, international, foster care, relative, and stepparent. The adoption process is complex, involving terminating the rights of biological parents, extensive screening of adoptive applicants, home studies assessing parental fitness, and formally matching and placing a child.
A family lawyer specializing in adoption can help clients navigate the complex legal proceedings, paperwork, and policies to facilitate a successful adoption. They represent the involved parties if issues require court resolution, such as disputes over biological parental rights, reviewing adoption agreements, or addressing questions concerning an adoptive parent’s suitability. Post-adoption, a lawyer may also assist with birth certificate revisions, name changes, and accessing resources for adoptive families.
Domestic Violence
Domestic violence involves recurring patterns of threatening behaviors between intimate partners, including emotional, psychological, sexual, or physical violence to exert power and control. Victims should take proactive legal steps to restrain dangerous family situations before they further escalate.
For domestic violence victims, family law courts can issue protective orders to prevent further harm and keep abusers physically away. Orders may forbid contact, require the abuser to leave the home, or avoid certain locations like the victim’s workplace or school. Lawyers help assemble supporting documentation and represent clients during court petition processes to obtain restraining orders (also known as criminal protective orders) against violent family members.
Facing A Challenging Family Situation? We Have Your Back
Family law courts rule on deeply personal family matters with long-term consequences for all parties involved, especially vulnerable members like children. While often charged with emotion, undergoing the legal process leads to enforceable resolutions, allowing individuals and families to settle uncertainties and move forward.
An empathetic yet assertive family lawyer by your side can help guide you through the complex legal system during this challenging chapter of life changes. At Bluestein Attorneys we have the right team and skills to offer compassionate counsel with strong advocacy to resolve family legal matters. If you are confronting a difficult family situation requiring court intervention, please call us today at (803) 779-7599 or contact us online.
