What Are the Areas of Practice in Family Law?
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Listed below are the areas of practice in family law. Each is relevant to specific individuals and situations. You can select one or more of these concentrations, depending on your preference. Here are a few examples:
Divorce
Attorneys specializing in family law work in small firms, large firms, and even solo practices. A family law lawyer often combines his/her practice with other types of law, such as judicial work or research. Some attorneys even work in child support offices or as judges. The following is a look at some of the many different areas of family law. Divorce is a common area of practice for attorneys.
Property division is a common area of divorce. The state you reside in will set rules for how the two parties divide their assets. Often, this involves dividing up income, cash, and property. The California community property laws can make it difficult to know exactly how much your spouse is entitled to. Divorce attorneys can help you navigate the legal system in your state to protect your rights. Paternity law concerns legal issues surrounding the biological father of your child. These agreements may include child custody or support.
Marriage
While the law of divorce is not a particular specialty, attorneys in the fields of family and marriage law often focus on resolving family conflicts. Traditionally, family law focused on relationships and personal statuses, such as marriage or singleness. These practices are often based on the law of property. Today, however, the practice of family law is increasingly becoming more complex. The following are the three areas of practice of family and marriage lawyers.
Common cases in family law include child custody and support. Other common cases involve child adoption, paternity, guardianship, time sharing, relocation, foreign judgments, parental alienation, and emancipation. Guardianship law is another common area and covers a wide range of family legal issues, including adoption, foster care, reproductive rights, and alimony. Ultimately, marriage and family law lawyers can help you navigate the nuances of these issues.
Child support
Child support is an area of practice in family laws and deals with the payment of child support from one parent to another. Various factors determine whether child support should be paid or received. Family lawyers can help families overcome any obstacles that may come up in determining support obligations. This area of practice focuses on how to properly divide the time and money spent on raising children. If you or your spouse has children and are facing a separation or divorce, it’s time to consult an attorney who practices in this field.
When it comes to child support, children can be collateral damage in a divorce. While most people understand the importance of children, a divorce may still cause financial strain. Child support is a periodic financial payment made by the non-custodial parent to the custodial parent. Child support isn’t a right but a responsibility. New York State, for example, has strict laws governing child support and failure to pay it could land you in jail.
Adoption
There are several different kinds of lawyers in the area of family law. There are attorneys that work solely on the representation of children and others that represent adults. A family lawyer may help a client with divorce, restraining orders, or child custody issues. Others may assist children as guardians ad litem in court proceedings. These individuals help children who are legally incompetent.
A lawyer specializing in adoption is required to assist the adoptive parents in the process. The court will review the proposed parents’ home studies and determine whether they have the capacity to care for the child. Adoptive parents may also be required to perform a home study. Before an adoption can occur, biological parents must terminate parental rights. If the child is already in the custody of the biological parents, an attorney may be necessary to negotiate the adoption agreement and ensure that the agreement meets the requirements of the court.
