What Does a Family Lawyer Do?
Family law refers to that branch of law that deals with family relationships and the division of family assets. Lawyers who specialize in family law are known as family lawyers. Family law is one of the most emotional branches of law owing to the personal nature of the cases that present themselves. The most common kinds of cases that a family lawyer may have to deal with are those related to divorces and child custody, as well as alimony and child support.
Family lawyers usually combine their specialization with one or two other categories under law, being to the general and broad nature of family law. Family lawyers can also participate in criminal law, or law related to property and assets in addition to family law.
What Falls Under the Branch of Family Law?
Family law encompasses any and every case that deals with familial relationships between every kind of relative, close, or otherwise. What this means is that a case involving assets or even family property between two sisters falls under the purview of family law, as does a case that deals with the same situation between an aunt and a nephew or niece. Family law deals with matters that are civil in nature, and only in very special circumstances are certain kinds of cases that may otherwise fall under criminal law, be considered under family law.
Domestic violence and abuse are examples of cases where the case itself may lead to a criminal charge, but allegations of child abuse and neglect can also be handled by a family lawyer in a civil court. Such a case will usually see the lawyer to protect the rights of their client by attempting to remove the offending parent or parent's authority over the child.
Usually, however, the most common kind of case a family lawyer will deal with is a divorce. Cases pertaining to the division of assets, calculation of alimonies as well as child support, adoption or foster care and even determination of paternity in court are all handled by a family lawyer.
What are the Functions of a Family Lawyer?
A family lawyer is an attorney that can represent any member of a family in a case related to family law in a civil court. Even though divorce cases are the most common kinds of cases a family lawyer will have to represent, the rules and regulations regarding divorce and marital law can vary from State to State.
A family lawyer can provide the best advice regarding legal action that can be taken in various proceedings related to family law. If a person is considering getting a divorce, then hiring a good family lawyer largely improves their chances of ensuring that their case proceeds to court in a timely manner and the divorce is obtained efficiently. Aside from representing an individual, family lawyers can also ascertain and calculate dues and assets that must be provided to the spouse in the form of alimony or child support. They can also help in the formation of legal agreements and contracts that have to do with marriage, such as prenuptial.
What are the Different Kinds of Cases, a Family Lawyer can Represent in Court?
Usually, any case that has to do with familial relationships or the division of the families' assets are handled by a family lawyer. Family law is a very broad category that encompasses every civil case involving families. The most common kinds of cases, a family lawyer may be approached for include:
- Spousal alimony
- Child support
- Child custody
- Foster care
- Child abuse or neglect
- Wills and inheritance
Aside from these, if any other case falls under the purview of family law, then a family lawyer can be approached to act as a representing attorney for that case in a civil court of law.