Family Law

Guide to Parental Rights & Obligations






Find a Law Firm:

What is Family Law?

Family law consists of a body of statutes and case precedents that govern the legal responsibilities between individuals who share a domestic connection. These cases usually involve parties who are related by blood or marriage, but family law can affect those in more distant or casual relationships as well. Due to the emotionally-charged nature of most family law cases, litigants are strongly advised to retain legal counsel.

The vast majority of family law proceedings come about as a result of the termination of a marriage or romantic relationship. Family law attorneys help their clients file for separation or divorce, alimony, and child custody, visitation, and support. Spouses married a short time may seek an annulment, and special rights may exist between same-sex couples. The division of property at the end of a marriage is also a common issue in family law cases.

With respect to property division at the time of divorce, every state has a comprehensive set of laws in place to determine the rights of the parties. However, couples who do not agree with the default rules in their state can “opt-out” by hiring a lawyer to draft a prenuptial agreement. Absent fraud or duress, courts will enforce these premarital agreements upon divorce, and distribute property and financial support accordingly.

Family law also involves the prevention of physical and emotional abuse. The potential for domestic abuse is not limited to relationships between current or former spouses and their children. Judges will not hesitate to assert jurisdiction to protect an elderly family member, someone in a dating relationship, or even a roommate. When allegations of abuse are made, the court will typically issue a restraining order to prevent further contact.

In a contested family law case, most people understand that hiring a skilled attorney will provide an advantage. An attorney can find assets or income the other party is trying to hide, present arguments regarding child support and visitation, and even take the case to trial if settlement talks fail. Attorney representation is just as crucial in uncontested cases, however. Without it, a party is vulnerable and can unknowingly waive important legal rights.

Parental Rights & Obligations

The issue of child custody is the most common dispute in family court. As should be expected, parents are extremely concerned with the safety, education, and overall wellbeing of their children. Custody decisions become even more difficult following a divorce or breakup, as parents tend to be distrustful of each other at these times. Regardless of the state of affairs between the parents, judges will always decide custody based on “the best interests of the child.”

In an effort to do what is best for the child, the court can assign legal and physical custody to one parent, or these rights can be shared. A typical schedule would allow the child to spend weekends, summers, and alternating holidays with the non-custodial parent, with both parents having an equal say in major decisions affecting the child. When approving a custody schedule, the court will do what it can to avoid unnecessary disruptions to the child’s life.

All parents have a legal duty to provide financial support for their children. The amount of support ordered in a particular case will be calculated according to state statute. Most states publish a child support worksheet that simplifies the task. The calculation will take into account the respective incomes of the parents, the cost of health insurance for the child, support paid for other children by the non-custodial parent, and more.

Custody and support orders are subject to modification. In fact, family law attorneys spend much of their time representing clients in modification proceedings. To alter a visitation schedule or revise the amount of child support, the requesting party must demonstrate that circumstances have changed since the order was entered. Examples of changed circumstances include loss of employment, moving, a parent becoming disabled, etc.

Family law cases can involve a number of other issues. Establishing (or disproving) paternity is a common subject of litigation, although it is becoming less complicated with the ability of courts to order DNA testing. Other issues include the termination of parental rights, adoption, gay and LGBT relations, and grandparent rights. Family law in the 21st century is evolving quickly, making it more important than ever to seek advice from a qualified attorney.

Copyright HG.org

Know your Rights!

Articles About Family Law

  • Is Divorce a Virus? The Social and Seasonal Forces of Divorce Contagions
    While it may seem exaggerated, experts and studies say divorce can spread just like a disease through social groups. But are there social and seasonal patterns that could affect the future of your marriage?
  • Zimmerman Court Woes Continue: Amid Divorce, George Cannot Be Found for Service
    In any civil action, including divorces, both parties must have notice of the case. This is accomplished through service of process. While this can take many forms, some form of service must occur or the case cannot move forward and a judgment either will not be entered against that party or could be easily vacated.
  • The Pros and Cons of an Uncontested Divorce
    Ending a marriage is never a simple process. However, it can be simpler in some situations when the spouses are able to remain civil and agree between themselves how to divide the marital assets, deal with custody and support issues, and handle any other matters. Also known as an uncontested divorce, it may be hard for divorcing couples to accomplish in many instances, but the benefits can be great under the right circumstances.
  • African American Women Disproportionately At Risk For Death by Domestic Violence
    Domestic violence can happen anywhere and is not bound by race, religion, or socio-economic status. But, recent studies show that African American women are at three times the risk of experiencing a lethal domestic violence event than any other racial groups in America. Indeed, domestic violence murders are among the leading causes of death of black women ages 15 to 35.
  • Case of Baby Veronica Is a Primer on Not Just Adoption Law, but Native American Affairs
    So-Called Baby Veronica is now four years old, and has already been the subject of a case that has traveled all the way to the US Supreme Court and back down through several state courts. The case is a twisting tangle of different legal principles intermingled with social policies, making for a great primer on both adoption laws and Native American affairs.
  • George Zimmerman: Domestic Violence Raises Questions About Use of Violence and Florida Stand Your Ground Law
    On September 9, 2013, George Zimmerman, infamous after his slaying of 17-year-old Trayvon Martin and subsequent acquittal, made headlines again over a domestic violence dispute. Shellie Zimmerman, George Zimmerman's wife, told a 911 operator that her husband George "was going to shoot" her and her father at their Florida home. So, would she have had the right to shoot George Zimmerman had he threatened violence?
  • New Jersey Child Visitation Laws
    Children are often the most difficult factor to sort out when a relationship ends. There is very little stronger than a parent's love for their child, making visitation issues very emotional and volatile.
  • Detecting Nursing Home Abuse and Neglect
    It may seem unthinkable that anyone would want to injure a defenseless elderly person, but it happens everyday. Nursing home abuse takes many forms, but all of it can be damaging, whether emotionally, physically, or financially. Knowing the signs of nursing home abuse and contacting a nursing home abuse lawyer if you know or suspect your loved one has been abused or neglected is critical in protecting both your loved one and others who may not have family or those as attentive as you.
  • My Ex Is Moving Away With The Children, What Can I Do?
    You are divorced, or were never married, but have children with your ex. You share custody or, at the very least have visitation rights. But now your ex tells you s/he is moving someplace with the kids that would make seeing your children as regularly as you would like much more difficult.
  • How to Get an Annulment
    For those who have only been married for a short time, the question of whether an annulment is available versus a divorce is a common question. When things sour so quickly, there is often a desire not to share what would otherwise be marital assets or even acknowledge the marriage was real. But, is it available in your case and how is it different than a divorce?
  • All Family Law Articles

Family Law - US

  • ABA - Section of Family Law

    American Bar Association Section of Family Law's dedicated lawyers, associates and law students serve as leaders in the field of marital and family law. ABA Section of Family Law offers products and resources for lawyers, students and the public.

  • Administration for Children and Families (ACF)

    The purpose of Administration for Children and Families (ACF) is to ensure the welfare and well-being of the quality of life of children and families. Their programs are aimed at empowering and equipping individuals, families and communities by finding solutions to difficult situations, through assistance, support and caring.

  • Child Welfare Information Gateway

    Child Welfare Information Gateway contributes to protecting children by providing access to, online and offline, resources. The information covers topics related to the welfare of children.

  • Family Law

    Here legal aspects regarding Family Law are addressed. The material and topics include, but are not limited to: living together, marriage, divorce, adoption, child support and more.

  • Family Law - State Statutes

    Family Law legislation differs from State to State. Here the Statues, regarding Family Law across the country.

  • Family Law - Wikipedia

    Family Law is part of the law that deals with relations within the family and issues related thereto. Examples of family law are: the nature and issues arising from a marriage; civil unions and domestic partnerships; mental and physical abuse of the spouse and/or children; legitimacy, adoption, surrogacy and abduction of children; annulment, divorce, alimony and settlements; and custody, visitation and support pertaining to the child.

  • Family Law Organization - Family Law Code by State

    Family Law Organization offers resources to attorneys and parents. These resources include the Family Law Code, attorney database and discussion links.

  • Uniting American Families Act

    The Uniting American Families Act (formerly the Permanent Partners Immigration Act) amends the definition of “spouse” under the U.S. Immigration and Nationality Act. This remedy allows U.S. citizens and legal permanent residents to sponsor their same-sex partners for family-based immigration.

  • US Department of Health and Human Services - Families

    This Department provides essential human services to protect the health of the people. The topics contain information on safety, health insurance and how to improve your own health and the health of your family.

Family Law - International

Organizations Regarding Family Law

Publications Regarding Family Law