Since family law deals with all cases that relate to familial and domestic relationships, the types of cases represented by a family law attorney cover every aspect of family and domestic situations.
Although each state uses a different system to address these cases, each state will strive to provide every family with the best outcome in family law cases. In fact, the family law judge endeavors to provide the best possible outcome for involved children, while still upholding the law. While, in many states, divorce cases are handled in a separate court from juvenile delinquency cases, in other states, there is only one court for all family law cases. The primary cases heard in family court are as follows:
The family court is the venue where divorce cases are heard, and decisions are handed down. The court can decide on various issues relating to divorces such as child custody, visitation, and support. The court also has the prerogative of forcing the couple to attempt a resolution through court-ordered mediation. In many cases, the couples that can resolve asset distribution issues end up happier than if the decision was handed down by the family law judge. Since couples and children suffer from additional stress having the case heard in a family law court, most often, the mediation atmosphere reduces the stress and leads to a more beneficial settlement between the parties.
Domestic violence cases are also heard in family court, and having a family law attorney present is the smart thing to do for both parties. Regretfully, the incidence of domestic violence cases tends to increase annually across the country. The increase may be due, in some part, to various jurisdictions’ legal ability to press charges in the absence of permission from the victim.
Having a family law attorney present during these highly sensitive discussions can, more often than not, allow a victim to get the help, or protection they may need. The court is also the proper venue for a victim to seek orders of protection or restraining orders to prevent the abuser from having access to a battered victim at any time. In fact, some states now have the power to issue orders of protection without requiring permission from the victim.
Domestic violence cases can be about physical or mental abuse of one person to another, whether married or cohabiting. This is all information that an expert family law attorney will have knowledge of, and will educate his or her client, so that an informed decision can be made.
Adoption cases are typically heard in family court when a single individual or same-sex couples are seeking to adopt, and the law regarding adoption in that particular state is not completely clear. So much could be at risk, if a person in this particular situation does not have a family law attorney present to fight for their cause to adopt a child. In states where adoption rules are clear and strict, judges have little discretion in making legal decisions.
The matter of child support is always handled as an independent issue by the court and child support payments are awarded completely exclusive of all other marital issues. Child support decisions are binding and rarely change unless one party manages to get the case revisited for a modification or termination. The court will even go so far as to have the child support order filed with the state child support agency to make certain that the order is followed by the parents.
Family Law is considered to be a very emotional area of law in which a family law attorney should be consulted to help each party navigate the statutes and processes. For an experienced and reputable family law attorney that specializes in Family Law, call (704) 248-7683.