Family law is a category of law that governs issues that relate to familial relationships. Some of the most commonly known subjects in family law, include:
- Divorce;
- Child custody; and
- Child support.
There are also several other issues that fall into the category of family law, including:
- Paternity;
- Adoption;
- Emancipation; and
- Other family-related matters are also heard in family court.
It is important to be aware that some attorneys who practice law may also handle cases in certain subcategories of family law. For example, an attorney may handle mainly marriage law cases while another lawyer may have a practice that handles mostly child support issues.
What Is Family Intervention?
Family law also governs many different types of family interventions when a problem or concern arises within a family or with a family member. Family intervention is a method that is used by courts in order to remedy certain legal issues.
A court may order intervention if there is a need for the family to have legal assistance. Family intervention typically involves some type of family mediation.
Family mediation involves a neutral third party who helps the parties communicate and resolve their issues. In cases that are more serious, family intervention may involve or may lead to other legal actions, for example, a custody order or support order or granting of a protection order.
These actions will vary depending on the facts of each individual case. An intervention may be conducted by a professional organization that specializes in these types of methods.
What Are Some Legal Issues Surrounding Marriage and Family Law?
A marriage may become a complicated situation for many individuals, even before they actually marry. Prenuptial agreements are contracts that are created before individuals are married.
These agreements usually list each individual’s assets as well as the rights of each individual in the event that the marriage fails. Although prenuptial agreements may be controversial, prenuptial agreements have pros and cons.
Family law attorneys can provide guidance for an individual in their particular situation. After being married, some couples seek a legal separation.
A legal separation does not dissolve a marriage like a divorce does. However, it does define the rights and obligations of each spouse.
An annulment is a legal decree that treats a marriage as though it never happened by declaring it null and void. The grounds for receiving an annulment are fairly limited and may include:
- Bigamy;
- Incest;
- Intoxication during the onset of the marriage;
- Legal age issues; and
- Issues that are related to:
- force;
- fraud;
- physical incapacity; or
- mental incapacity.
A divorce is the termination of a marriage, including gay marriage. In some cases, a divorce can be relatively friendly.
In other cases, a divorce can involve many disputes. Regardless of the situation of the spouses, a court will always consider the child’s best interests first.
A divorce may not be required if the individuals are in a domestic partnership because it is not considered a legal marriage.
Issues that commonly cause disagreements between divorcing individuals include:
- Child custody;
- Child support;
- Child visitation; and
- Alimony matters.
Domestic violence and spousal abuse are other serious issues that often arise in family law cases. Although numerous marriages that end in divorce involve domestic violence, other types of relationships also involve acts of violence.
Examples of the types of relationships that involved domestic violence include:
- Dating relationships;
- Parent and child relationships; and
- Abusive relationships involving elders.
Elder law addresses issues that are specific to an individual who is, in general, over the age of 65, including, but not limited to:
- Social security benefits;
- Retirement plans;
- Drafting wills and trusts; and
- Age discrimination.
Elder abuse laws are laws that are intended to prevent abuse of elderly individuals, whether they are being abused by a private citizen or a professional caregiver. Elder laws also provide penalties for an individual who engaged in elder abuse.
In addition to federal laws, every state has laws governing elder abuse.
When Is Family Intervention Ordered?
Family intervention is usually ordered by the court, often when it is requested or suggested by a:
- Lawyer;
- Counselor; or
- A party affected by the conflict.
Family intervention is commonly prescribed when the situation poses a threat to the safety of family members, especially children. Family intervention may be prescribed in situations involving:
- Alcohol or drug abuse;
- A change in a custody order;
- Domestic violence or other abuse;
- Child abuse or neglect;
- Psychological and emotional abuse;
- Severe custody violations; and
- Addiction and other self-destructive behavior, including gambling.
Family interventional may be necessary to prevent further harm from occurring in the home. In the majority of cases, intervention is intended to benefit the victim and the perpetrator of the harm instead of promoting division in the family.
What Does a Family Intervention Include?
Family intervention between family members during a harmful or difficult time includes the following steps:
- A family intervention plan is created;
- A member of the family or a friend of the family can propose an intervention and form a planning group between the family members who are involved or who should be involved;
- Information is gathered for the family intervention;
- An intervention team will be formed who attend the meeting;
- The team determines the information that will be shared and the consequences that will be imposed;
- Each family member or friend who participates in the family intervention will take notes on what to say;
- The intervention meeting is held with the concerned family member or members; and
- A follow up is done after the intervention.
What Happens After Family Intervention?
In the majority of cases, the results of an intervention may be submitted to the court for review. The results of the intervention may be finalized into a court order so that it can be enforced.
If more serious measures are required after the intervention, the court may proceed with additional legal action to remedy the issue.
What Do Family Law Attorneys Do?
A family law attorney is a lawyer who practices in a specific area of law that applies to legal issues connected to domestic relationships. As noted above, because family law covers so many areas of law, many family law attorneys specialize in only a couple of these areas.
Family law attorneys handle cases involving:
- Child custody;
- Alimony and child support payments;
- Marriage;
- Divorce;
- Adoptions;
- Child protective orders;
- Surrogacy;
- Paternity; and
- Other family-related issues.
In addition, because family law governs such a wide variety of issues, the majority of family law attorneys have experience with:
- Drafting contracts related to family law matters;
- Providing representation in family law court; and
- Preparing various legal documents related to family law issues.
Do I Need a Lawyer for Help with Family Intervention?
The family intervention method that is used may differ depending on many different factors, for example, the issues that are involved and the laws of each individual state. If you have any issues, questions, or concerns related to a family intervention, it is important to consult with a family lawyer.
Your lawyer will help ensure that your needs and rights are protected during the intervention process. In addition, your lawyer will provide you with legal advice and represent you during the intervention to help ensure it is successful.
