Family court, also known as a family law court or domestic court, is a specialized division within the civil law court system. It primarily handles legal matters that affect families, such as adoption, alimony, and child custody.
Although family courts may be housed in the same building as other courts like traffic court or small claims court, they are strictly dedicated to resolving family-related disputes.
Family courts are governed by a combination of federal laws and state-specific regulations. As a result, the way each family law court functions may differ from state to state and even from county to county.
What Types of Claims Are Heard in Family Court?
Family courts deal with a wide range of issues involving families and family law. Since these courts are subject to state and local laws, the types of claims they can hear may vary based on their jurisdiction. In general, most family law courts will hear the following types of claims:
Marriages and Civil Unions
Each state has unique laws governing marriages and civil unions. Family courts may intervene when there is a disagreement over a marriage license or when a couple is disputing the terms of a prenuptial or postnuptial agreement.
For example, a couple may have a disagreement about the validity of their marriage license due to clerical errors or fraudulent information. In such cases, a family court may be required to determine the legality of the marriage.
Divorce and Legal Separation
Family courts handle divorce and legal separation matters.
For example, during a divorce proceeding, the court may need to divide marital property, such as a house or shared bank accounts. They may also need to distribute assets, such as retirement accounts or stocks. Additionally, the court may need to determine spousal and child support arrangements, as well as establish mediation requirements for the couple to help them reach an agreement on contentious issues.
Child Custody and Visitation Rights
Family courts are responsible for determining and modifying child custody and visitation arrangements.
For instance, a divorced couple might disagree on who should have primary custody of their children. The family court will consider factors such as the child’s best interests, each parent’s ability to provide care, and the child’s relationship with each parent before making a decision.
The court also establishes visitation rights for the non-custodial parent, which may include specific days, times, and locations for visitation.
Child Support
Family courts determine and set child support awards based on various state-specific factors, such as each parent’s income, the child’s needs, and the custodial arrangement.
For example, a non-custodial parent may be required to pay a certain percentage of their income to support their child’s education, healthcare, and daily expenses.
Spousal Support
Spousal support, or alimony, involves one spouse making payments to the other spouse after a separation or divorce.
For example, a spouse who has been out of the workforce to care for children may require financial support from their higher-earning spouse to maintain their standard of living. The court will consider factors such as the duration of the marriage, each spouse’s earning capacity, and the needs of the requesting spouse when determining spousal support.
Adoption
The adoption process can be complex and varies depending on the type of adoption pursued.
For example, a couple may choose to adopt a child through a private agency, which often involves a lengthy application and screening process.
Alternatively, a stepparent may wish to adopt their partner’s child, which requires the consent of the biological parent and court approval.
Name Changes
People may choose to legally change their name for a variety of reasons.
For example, a person who has recently married may wish to adopt their spouse’s last name, or someone who has divorced may want to return to their maiden name. In some cases, a person may seek a name change to reflect a change in their personal identity or to distance themselves from a negative association with their birth name. The court must approve the name change after reviewing the reasons behind the request.
Domestic Violence
Family courts play a crucial role in addressing domestic violence cases. For instance, a victim of domestic violence may seek a protective order from the family court, which can include provisions such as prohibiting contact between the parties, granting temporary custody of children, and requiring the perpetrator to attend counseling.
In some cases, a history of domestic violence can impact the outcome of a divorce or child custody case, with the court considering the safety and well-being of the victim and any children involved.
Not all family courts can hear each of these types of claims. Consulting a local family lawyer can help guide you through the appropriate process for resolving your family law issue.
Can a Family Law Claim Involve Other Areas of Law?
Certain family law disputes may intersect with other areas of law. For example, domestic violence cases can be heard in both family law courts and criminal law courts. Similarly, will disputes often overlap with family law but are primarily handled in probate court. In these cases, multiple court systems may need to be involved to fully resolve the issue.
What is a Family Court Lawyer?
A family court lawyer is an attorney who represents clients during family court proceedings. They have extensive knowledge of various state and federal family laws and often handle a wide range of matters.
Depending on the situation, family court lawyers may also collaborate with other individuals and agencies to better serve their clients’ needs. For example, family court lawyers might work closely with:
- Child services departments;
- Employers (when handling claims for spousal or child support);
- Adoption agencies; and
- Child support collection agencies.
Some family lawyers may choose to focus on a specific area of family law, such as divorce, child custody, or adoption.
Do I Need a Lawyer to Help with Family Court Issues?
Family court matters can be complex and emotionally taxing. If you need to file a claim in family court or are facing a family law issue, it is highly recommended that you contact a qualified family lawyer in your area for assistance.
A family lawyer can provide valuable legal guidance and represent you during meetings and trial proceedings. They can help you navigate the intricacies of your specific case and ensure that your rights are protected. Additionally, if you have any questions regarding the laws in your jurisdiction, a family lawyer can provide the necessary information and support.
LegalMatch is an online legal services platform that can help you find and hire a qualified family lawyer in your area. LegalMatch can match you with attorneys who specialize in family law and have experience handling cases similar to yours.
You can provide details about your case and receive responses from several lawyers who are interested in taking your case. You can then review the lawyer’s profiles and choose the one that you feel is the best fit for you.
LegalMatch also offers a free online legal library with a wealth of information on family law, including articles, FAQs, and legal guides. You can use these resources to learn more about your legal issue and prepare yourself for meetings with your lawyer.
Use LegalMatch today to streamline the process of finding a qualified family lawyer.
