Guide to Parental Rights & Obligations
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.
Know your Rights!
- Creating a Prenuptial Agreement
It is easy to become wrapped up in the excitement of love and a wedding and to forget about what exactly could be at stake should things go wrong. It may not be terribly romantic, but it could be very wise to think through both the good and the bad of a marriage.
- How Does a Minor Get Emancipated from His or Her Parents?
Emancipation allows a a minor to conduct business or hold a job on his or her own behalf, enter into contracts, and otherwise generally be treated as one who had reached the age of majority (i.e., an adult). Whether parental consent is required for emancipation can depend on the circumstances and the jurisdiction.
- How to Get an Annulment
In many ways, annulments are no different than divorces. Like a divorce, an annulment is a court order after a proceeding that essentially dissolves a marriage. But, unlike a divorce, an annulment has the legal effect of declaring that the marriage never existed in the first place.
- Where is Same-Sex Marriage Legal in the United States?
Same-sex marriage is now legally recognized in several states as well as the federal government for tax and immigration purposes.
Articles About Family Law
- How Can Community Engagement Prevent Domestic Abuse?Until now, the term “domestic violence” has been used extensively to describe abuse that happens between the two members of a relationship, be it spouses, same sex couples, roommates, or family members.
- Spending Time Apart Isn’t Good for a MarriageBeing in the military has its fair share of drawbacks. Military personnel are well aware of the fact that being in the military and serving their country comes with the possibility of being away from home for months, if not years, at a time. During times of war, men and women are gone for even longer.
- Jail Isn’t Always the Best Option for Those Owing Child SupportOften times, custodial parents might agree that someone who doesn’t pay child support should be forced to deal with the potential consequences. For example, many people feel that any father who flees the country to avoid having to pay child support should wind up spending time behind bars. Sending the individual to jail might not be the smartest move for the family, which is the case in one situation recently.
- Are Secret Accounts Really the Best Idea?When it comes to getting a divorce, money always comes into play when dealing with alimony, assets and especially child support. Many people are taking the necessary steps to prepare for their future in the event of a divorce.
- Divorce Mediation is Another Option for Florida DivorceLitigating a divorce may always be an option for Florida couples, but it isn't the only option. For couples that want an alternative, there is divorce mediation or collaborative law. It isn't always necessary to make ending a marriage an adversarial process. Sometimes, couples end up better of handling matters outside the courtroom.
- Parent Visitation Rights FAQAny divorce or child custody case can be difficult. Once parental responsibility is established, having a chance to spend time with the minor children is important. Nothing can replace having a presence in the growth and development of a child’s life.
- Who Gets the Debt: Divorce and BankruptcyDivorces can be very complex, especially when there are major financial obligations, property and debts to divide. The situation can get very messy when there is a huge financial loss at stake for one or both parties. One of the biggest myths about getting divorced is that you can pass on your debt to the other party. This is simply not true. Without question, you can divorce your spouse, but what happens to those debts that you incurred while married?
- Settling Your Family Law Case When a Settlement Proposal Is in the Margin of ErrorThe decision on when to settle a family law case is a difficult one. This article suggests that the time in most circumstances to settle is when a settlement offer is within the margin of error.
- Supreme Court Ruling: Man Convicted of Domestic Violence Barred from Possessing a GunThis article talks about an important U.S. Supreme Court decision issued in the case of U.S. v. Castleman, 12-1371. This was a unanimous opinion dealing with the ability of an individual convicted of domestic violence to possess a firearm.
- Making the Decision to AdoptThere are many questions you need to ask yourself before making the life-changing decision to adopt a child.
- 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.