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
- GuardianshipsWith the U.S. population aging at a rapid rate, discussions of guardianship are becoming common.
- Divorcing a Spouse with a Mental IllnessMental health issues are widespread nowadays and have been discovered to be a leading cause of divorce.
- Elder Financial Abuse: Protecting Those Who Can No Longer Take Care of ThemselvesWhen the media reports on elder abuse, physical abuse almost always seems to come to the forefront, and for good reason: the physical safety of the elderly, those that often cannot protect themselves, is and should be the first concern for protecting our older friends and relatives.
- What Happens if I Need a Guardian?A guardian is a person who is given legal authority over another person because of reason of incapacity. If a court determines that a person is unable to make decisions for himself or herself, it may appoint a guardian. A guardian can be given authority over the person, his or her assets or both. The process involved in appointing a guardian is dependent on state law and the circumstances.
- Cyber Harassment Can Now Be Considered an Act of Domestic ViolenceThe New Jersey Legislature recently added Cyber Harassment to the list of crimes that can be considered an act of domestic violence under the Prevention of Domestic Violence Act.
- Hague Convention’s Impact on Child Custody CasesThe Hague Abduction Convention has been included with various countries as a treaty about child custody and abduction to include the United States. This Convention is to ensure the protection of children from international abduction with a parent through prompt returns to the habitual residence of the child.
- Florida Paternity Law: Knowing Your RightsPaternity issues in Florida are handled by Family Law courts; which includes legal versus biological fathers, visitation, custody, and more. With a family law attorney in Florida, you too can handle paternity issues.
- What Happens when New Jersey DYFS Comes to Your HouseGetting a call from the Division of Youth and Family Services can be scary and confusing.
- How To Appeal a New Jersey DYFS FindingFollowing and investigation by the DYFS (Division of Youth and Family Services), they will issue a ruling of substantiated, established, not established, or unfounded.
- Common Mistakes Parents Make with New Jersey DYFSSo you received a call from the Division of Youth and Family Services and they want to investigate your child’s wellbeing and care.
- 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.