If you’re walking by a lawyer’s office, you may see that they practice family law. However, maybe you don’t know exactly what this term means. It’s a fairly common area where people need legal help, though, so you should probably understand some of the basics.
We’ll talk about family law in the following article. We’ll discuss what the term means, and we’ll also cover some situations where you’re going to need help in this area.
What Does Family Law Mean?
The term family law includes any area of the law that deals with families in various capacities. It’s a catch-all term that could mean something like divorce, child custody issues, and other situations of that nature. Now, let’s look at some scenarios where you must hire a family lawyer for their legal expertise.
You’re Divorcing Your Spouse
Individuals seeking divorce need a competent attorney on their side. You can feel certain that your soon-to-be former spouse will also retain an attorney to try and get them into the most favourable situation possible while the two of you go through the often-messy disconnection process.
When you’re divorcing someone, you must think about things like who will get the house if you own one jointly. You must consider who will get the best of your possessions, like the bed from the master bedroom, the largest television, your other furniture, pieces of art, collectables, etc. You must figure out who gets the car if you own one and use it jointly. If you have a boat, vacation home, or anything along those lines, ownership might get contentious there as well.
In short, you must often go through a lot of negotiations when you and your spouse part ways. If you’re still feeling fairly friendly toward each other, it will make the process much easier. In many of these instances, though, you two might have strong negative emotions toward each other. Your lawyers can help mediate if you two can barely stand to be in the same room together.
You’re Negotiating Child Support Payments or Alimony
Child support payments make a huge difference in your life if you’re divorcing your spouse and the two of you have kids together. If they made most or all of the money during your partnership, then you will need to petition the court for adequate funds to continue caring for your kids once you and your partner officially dissolve your marriage. That is especially true if you’re the one who gets the kids full-time or most of the time.
You need a skilled lawyer who knows all about family law to help you get a reasonable amount of cash from your former spouse, especially if they don’t want to give you very much or any money at all. You must also have a lawyer represent you if you need alimony from your former spouse. Usually, you can’t get alimony from them forever, but you have to at least get it until you can figure out what you can do to make money on your own.
If you had the function of a stay-at-home parent during your marriage, for instance, you’ll probably need time to determine how to restructure your life so you’re no longer dependent on someone else to support you. Your lawyer can ask the court for a monthly stipend until you’re able to bring in your own money. Maybe you can do that after you go back to school and get an advanced degree.
You’re Negotiating Parental Visitation Rights
You will also need a lawyer skilled in the family law niche if you’re trying to get joint custody of the kids. If you feel that’s the best move, then you will need to demonstrate to the court that you have a stable home environment for your children and that you can care for them adequately when they stay with you. Your lawyer can tell you what you need in order to give the court that appearance since they have probably helped clients in your situation before.
If you determine that the other parent will keep the kids, then you might at least want parental visitation rights. You can ask the judge if the kids can stay with you on the weekends.
Again, your lawyer can help you convince the judge that you have a stable home environment where children can stay with no issues. If there’s anything in your background or current life that your former spouse might exploit to keep the kids away, they might do that if they’re vindictive. Your lawyer can argue against your former spouse keeping your children away from you if that happens.
You Need a Lawyer Because the State Took Your Kids Away
You might also need a lawyer to appear with you in family court if the state took your kids away because they suspect abuse or negligence. These situations do indeed happen sometimes, but just as often, you will have a scenario where a child’s home life does not actively harm them. Maybe someone saw something that they mistook for abuse, or a teacher saw some bruises that they think a parent might have caused when that is not actually the case.
Your lawyer can help you convince a judge to give your kids back. If you have issues with drugs or alcohol, your attorney can ensure you go to rehab or seek whatever other treatment the judge deems necessary so that you can reunite with your children. Your kids shouldn’t be with you if you’re struggling with a debilitating drug addiction or alcoholism, but if you can get it under control, there’s no reason why you should not get them back.
In these and other situations, you’ll need a lawyer who practices family law. Sometimes, these scenarios can seem difficult to get past, but with the right attorney by your side, you can navigate them successfully.
