What Does a Family Lawyer Do?
Whether you’re seeking divorce advice, planning for adoption, or dealing with domestic violence, a family lawyer can help. These lawyers deal with legal issues that involve families such as restraining orders, custody, and financial settlements.
The career of a family law attorney is challenging and deeply rewarding. If you’re interested in a future in this field, consider visiting law schools with family law programs.
Divorce
Divorce is a serious legal proceeding that impacts all parties involved. Often, divorce proceedings involve complex issues such as property division and child custody. A family lawyer can help you navigate these complexities and reach a favorable resolution. A good family lawyer should have experience with divorce cases and other family law matters.
A family lawyer can also help you draft prenuptial agreements or post-nuptial agreements. These contracts can protect your financial interests in the event of a divorce or separation. They can also assist you with domestic violence issues. If you or your spouse are experiencing abuse, a family lawyer can file for a restraining order on your behalf.
A good family attorney should be well-versed in mediation and collaborative divorce proceedings. They should be able to help you reach an agreement with your spouse outside of court, which can save you time and money. They should also be able to handle more complex issues, such as spousal support or child custody. They should have a track record of success and be someone you can trust during emotional times.
Paternity
Paternity issues are often handled by a family law attorney. Single mothers may file a paternity action to secure financial assistance from the child’s father, and children can also pursue visitation or custody arrangements with their biological father. A family lawyer who is experienced in paternity cases can help both parties achieve the best outcome for their situation.
DNA testing is frequently used in paternity cases, and results are generally considered conclusive if they show a 99 percent or greater probability of paternity. However, it is possible to challenge the results and a family lawyer with courtroom experience can make all the difference in such cases.
The outcome of a paternity case can have significant legal implications for both the mother and the father, including custody decisions, parenting time arrangements, and child support payments. A paternity lawyer can explain the different types of custody and visitation options available and advocate for your rights in family court. In some cases, men who falsely claim paternity can be eligible for financial reimbursement and criminal charges for fraud or perjury.
Child custody
Family lawyers often handle child custody disputes, which can be complex and emotionally charged. They help parents create custody arrangements that focus on the children’s best interests and ensure that both parties meet their legal obligations. They also assist with adoption cases.
Custody decisions are based on a variety of factors, including the physical and mental health of the parents, their ability to provide a safe environment, their history of domestic violence, and their parenting skills. The court may also consider the child’s wishes if they are old enough to express them.
A lawyer can also help with visitation rights. If a parent denies visitation rights to the other parent, the lawyer can file a petition with the family court. Alternatively, the lawyer can suggest that the parents work together to create a visitation schedule that is mutually beneficial.
Guardianship
Typically, guardianship involves an adult family member or friend being given the legal authority to make personal and financial decisions on behalf of another person. Guardians can collect, invest, and manage assets, pay bills, live arrangements, and medical treatment. They are also responsible for providing emotional support to their ward and may be called upon to take on other duties such as teaching, childcare, or driving.
Depending on the situation and the person over whom you are seeking guardianship, the case may be heard in the Supreme Court, County Court, or Surrogate’s Court. In most cases, you must file a Petition for Guardianship, a Certificate of Assets, and a Certification of Criminal and Civil Judgment History.
A judge will then assess the need and investigate the proposed guardian. Often the alleged incapacitated person is interviewed and/or has a medical evaluation. The guardian will then be appointed based on what the judge deems to be in that person’s best interest. Guardians must periodically report to the court detailing their ward’s condition. This can be difficult and trigger conflicts with other family members.
Foster placement
Foster placement involves the temporary care of children by family members. A family lawyer is involved in the legal proceedings that may follow if a child has been removed from his or her parent’s home due to safety concerns. The attorney ensures that a client’s rights are protected and that all decisions made by the agency and Family Court are based on evidence.
If a relative wants to be a foster parent, the family lawyer will help him or her meet state requirements and apply for licensure. A lawyer also assists with adoptions by ensuring that the process complies with legal standards.
Family lawyers often attend conferences with families. These include the family team conference, which must be held at least every six months; placement change conferences, if the agency is considering changing your child’s foster care placement; and goal change conferences, if the agency is evaluating the permanency goals of your case. They can also assist with arranging regular visits for you and your child, adjusting these to accommodate your schedules. The lawyer may also help you locate support services and community resources for you and your child.