What Type of Cases Fall Under Family Law?

One of the most difficult things in getting divorced is figuring out where to go and what to do. Many people don’t know that there are many different types of cases that fall under family law, all with very different processes and expectations. For example, there is a difference between a divorce and a separation. In case you’re unsure, you can always reach out to Lardiere McNair DiNicola & Stonebrook, Ltd., LPA for clarification on family law. 

A divorce is when one spouse takes the initiative to file for divorce. A separation is when one spouse files for divorce without the other’s consent. The process of getting divorced can vary widely depending on what type of case you are filing. 

Domestic Violence Case 

A domestic violence act may be a criminal offense or the result of civil abuse. The perpetrators are those with family relationships, such as a husband and wife (but it can also apply to former spouses). It may also refer to those in a different type of domiciliary relationship, like roommates or significant others who live together. It can also happen between two people who don’t live together but have family ties such as parents and children, grandparents and grandchildren, siblings. 

Child Custody Cases  

Child custody cases are usually based on one of these things: parental rights, the best interests of the child. The child will usually be based on a family evaluation done by a child development expert. In cases based on parental rights, the parent with the least amount of custody gets the most time with the child. This can be based on any number of factors including, but not limited to income and education level. 

In cases of, “the best interests of the children”, the parent or guardian who is most responsible for providing care and support for the child is awarded custody. If that parent has less than 50% custody receive only 50%. 

This type of case often results in joint custody or even what is called joint guardianship when it involves two (or more) parents who must work together but don’t necessarily have equal amounts of custody. 

Consent/Dispensation Cases

In these kinds of cases, the biological parents and adoptive parents make an agreement that they will allow their child to be adopted by the other party to exchange services (usually money). These types of cases usually involve things like foster care arrangements, private adoptions, and international adoptions.

The cases are based on one of these things: the best interests of the child, parental rights, or consent/dispensation.  

With parental rights-based adoption, the biological parents cannot stop the adoption from happening unless they can prove that neglect has happened, and they tried to correct it but were unsuccessful. The parents must give consent to the adoption. Also, when the adoption is done without consent or where the parents are unfit (such as drug or alcohol abuse), it is considered a wrongful adoption. The best interests of the child are what determines who should be adopted by whom. The child and other relevant factors can also be taken into consideration by a judge at their discretion. 

Divorce Case 

A divorce is a legal termination of a marriage. When you decide to end your marriage, the court will dissolve your marital status by granting you a divorce and making changes to your marital status on public records. A judge will sign an order for the court clerk’s office to effectuate the changes within their jurisdiction. 

In order to get a divorce in most states, you need to have lived together for at least six months. There are other requirements for obtaining a divorce, such as an affair being involved or intense mental cruelty. Aside from those requirements, you and your spouse will need to prove that there is no reasonable chance of reconciliation. 

Getting a Family Attorney 

Lawyers work with the legal system and are licensed to provide professional legal advice. They usually specialize in a certain area of the law. Lawyers are not always required for a divorce or child custody case, but it may be best for you to have one who understands family law. A family lawyer is able to handle all problems related to family law. Family lawyers have years of education and experience; therefore, they know how the court system works. They also know the laws. Lawyers can advise you on what you should do to get your needs met and resolve your case as easily as possible with the best outcome.