All divorce lawyers are family lawyers, but not all family lawyers are divorce lawyers. Although divorce law is a major branch of the legal discipline, family law attorneys help clients resolve legal issues in the domestic setting.
Navigating legal battles within the family can be emotionally, financially, and mentally challenging for everyone involved. However, family law attorneys can provide legal guidance to navigate the sensitivity of family disputes fairly.
This guide aims to uncover six major cases a family law attorney can help you with besides divorce.
1. Child Support and Custody
Child support is the financial obligation of one parent to another (the custodial parent) to cater to the child’s needs. It takes effect from when the court grants the order until the child turns 21. This financial obligation aims to cover the basic expenses of the child’s upbringing, including feeding, clothing, shelter, and education.
Per court order, the custodial parent receives the ordered sum when due. A family lawyer can help enforce the court order to avoid missed payments or foul play.
In addition to enforcing child support, a family lawyer also helps with granting custody of the child. This process can be tricky, especially when the parents are not married. In this case, the lawyer may help establish the legal basis for scheduling visits and having primary custody of the child.
A change in the living, health, or financial conditions of any parent may significantly affect the child’s development. Thus, a modification of the child support may be necessary. It may involve child relocation, transferring parental custody, or granting grandparents visitation or custody rights. A family lawyer will ensure that the child’s best interest is considered when choosing the best option.
Considering that, you should always hire a reputable local attorney who is well-versed in the local laws. For example, if you reside in Long Island, you should hire one of the best Long Island family law attorneys.
2. Spousal Support
Spousal support relates to the financial obligations of a spouse totheir partner. In most cases, separated or divorced couples never settle their financial disputes without the intervention of an attorney.
A seasoned group of family law attorneys will help determine who pays child support and how much. They also make sure the entitled party receives their rightful compensation when due, according to prenuptial terms.
Ensuring both parties are fairly compensated in a divorce or separation can be challenging, especially when one party refuses to comply. Thus, the family lawyer enforces the agreed-upon terms of the spousal support. If attempts to settle the dispute amicably fail, they may file a suit.
If the circumstances surrounding the initial agreement change, there might be cause for amendments. A family lawyer assists with the modification, ensuring that the new arrangement is fair to both parties.
3. Adoption
If you’re considering adopting a minor, a family lawyer is the right expert for the job. Adoption legally establishes a parent-child relationship between a minor and anyone other than their biological parent.
Unlike guardianship, the adopting individuals have parental rights over a child. However, this arrangement comes with responsibilities that involve caring for and protecting the child. The adopting parent will also assume the decision-making responsibility over the child.
Adoption takes different forms. Here are the types recognized by law:
- Family adoptions: When members of the extended family (uncles, aunts, cousins, grandparents, etc.) adopt a child.
- Stepparent adoptions: A stepparent adopts the child of their partner.
- International adoptions: A foreigner adopts a child from another country. This process can be challenging adopting persons must comply with international and local legislation.
- Adult adoptions: An individual or couple adopts an adult. In many cases, the adoptee facilitates this process, making it less complex for all parties.
4. Annulments
An annulment aims to prove that a marriage is null and void. By law, such a marriage never existed.
Factors that may determine annulment include lack of consent, mental illness, or inability to consummate the marriage. If a family lawyer proves nuptial invalidity, the other party has no rights to certain privileges during or after the marriage.
Unlike divorce, an annulment has a retroactive effect on affected individuals. In a way, it reverts the plaintiff to their premarital status. Consequently, this may affect spousal rights and obligations, including division of property, child custody, and marital status.
However, the challenge is establishing the invalidity of a marriage. In many ways, annulments are more complex than divorces. Thus, your best bet for getting a favorable outcome is hiring a family lawyer. Not only can they help prove the legal grounds for annulment, but they also secure your assets.
5. Adult Conservatorship or Guardianship
The conservatorship or guardianship of an adult involves handing over the responsibility of making decisions and caring for them to another entity. Although both terms are the same, they differ per who has legal rights over the individual, including their finances and social interactions.
The Court grants conservatorship of an adult who can no longer take care of themselves or make rational decisions.
In a conservatorship, an estate or organization bears the legal decision-making responsibilities. Meanwhile, an individual is legally responsible for an adult in a guardianship.
This case can be tricky, as lawyers must prove an adult’s incapacity to function rationally. A family lawyer will ensure that a conservatorship or guardianship runs smoothly in the individual’s best interest.
6. Guardianship of a Minor
Not every parent has the capacity to raise their children. When parents are not in a position to properly care for their children, they become eligible for guardianship.
A parent may be deemed unfit to raise their children for various reasons. Incarceration, mental illness, and physical absence are common factors that may prove that a parent is not in the best place to raise their child.
Guardianship does not strip a parent of their rights over their child. However, it restricts them. When the guardian takes custody of the child, they are entrusted with the care, provision, and decision-making.
A guardian can be a family member or an unrelated person that have been vetted to provide for and protect a child.
Final Thoughts
Divorce cases are only one of the many areas of the discipline that family lawyers address. Besides divorce, family lawyers take on annulment, conservatorship, and guardianship cases for individuals and families.
When attempting to adopt within the family or overseas, a family lawyer can help you navigate the complexities with relative ease. If you’re in a tussle with a co-parent or former partner regarding spousal or child support, no professional is more qualified to help you get a fair compensation.
A family attorney’s contribution can significantly influence your family dynamic. Therefore, contact a proven family lawyer near you for a better future for yourself and your loved ones.
