Family law is something that many people should know about because it could affect them. Understand the basics of family law is important, but if you need to be represented under these laws, you should look at hiring an attorney. One of the reasons for this is the fact that family law generally deals with emotional situations.
What Is Family Law?
Family law is a term that covers a body of statutes which relate to the legal responsibilities of people who share a domestic connection. Cases covered by these laws could be between parties that are related by blood or by law such as marriage. It is also possible for these laws to affect those who are in a casual or distant relationship.
The majority of legal proceedings conducted under family law will be the result of the breakdown of a marriage or relationship. Separation agreements, divorce proceedings, alimony and child custody all fall under the purview of family law. The division of property is another common issue that is handled under family law.
When looking at the division of property under family law, it is important to note that each state will have their own comprehensive laws in place. These laws will determine the rights of each party in the separation. The only times that these rules can be superseded is through a prenuptial agreement which will need to be in place before the parties are married.
Family law will also cover the prevention of emotional and physical abuse. It is important to note at the law recognizes that the chance of domestic abuse is not limited to relationships between spouses and their children. Judges will use their jurisdiction to protect elderly family members who are under the care of others as well as people who are dating or people who are roommates. If allegations of abuse are made, it is possible to get a restraining order through family law statues.
Child custody is the most common dispute which is heard in family court. When these cases are taken to court, the court will make every effort to do what is right for the child. The court will be able to determine if one parent should be given full custody of the children or if the parents should share custody. Family law also allows the courts to determine a typical schedule relating to which parent the child should spend certain times with.