Family law is a category of laws that govern issues related to familial relationships. Some of the most commonly known areas of family law including:
- Divorce;
- Child custody; and
- Child support.
There are also other issues that fall under the umbrella of family law including:
Certain attorneys who practice family law will also specialize in a particular subcategory or issue in family law. For example, an attorney may focus on marriage law cases while another attorney may have a practice that handles mostly child support issues.
Many family law attorneys, however, will practice in the full spectrum of legal matters that are associated with family relationships. One of the most common family relationships is marriage.
Marriages may lead to complicated situations, even before they begin. Individuals who are going to marry can enter into a prenuptial agreement before their marriage that will list each individual’s assets and the rights in the event that the marriage fails.
After a marriage, a couple may seek a legal separation. A legal separation does not terminate a marriage as a divorce does.
It does, however, define the legal rights of the spouses. As noted above, a divorce is the termination of a marriage.
In some cases, a divorce can be relatively amicable. In other cases, a divorce can be very contentious.
Regardless of the situation, a court will always consider the best interests of the child before anything else. Issues that may arise during divorces include:
If there are children born of a marriage, there are numerous other issues that must be addressed during a divorce than simply the termination of the marriage. These issues are often addressed in court orders.
What Is a Custody Order?
When spouses are involved in a divorce or legal separation, they will have to consider issues of child custody and visitation. In order for one of the parties to establish legal custody, whether sole, primary, or joint custody, the parents will either enter into an agreement themselves or follow the instructions provided by the court.
Either scenario will result in a child custody order. A custody order provides parents with peace of mind when determining primary responsibility for a child.
In general, a family court will favor joint custody so that the child or children can have continued full access to both of their parents. This also helps to ensure each parent’s continuing involvement in the child’s life.
Joint custody may be appropriate when the parents live close to one another, so the disruption to the child’s school schedule is reduced. The maturity level and age of the child may also influence this decision.
No matter the type of custody that is ordered, the order will detail which party will be responsible for the physical living arrangement of the child. This parent will also be responsible for the child’s:
- Health;
- Well-being;
- Education; and
- Medical needs.
In order for an individual to obtain a custody order, they can petition the family court overseeing the divorce or legal separation proceeding. If there are questions regarding paternity, those can also be resolved at that time.
In certain jurisdictions, if the parents are not married, the mother will be issued primary custody initially until the father petitions the court to be awarded visitation or custody. If the individual seeking custody is not a parent, they may be able to seek a non-parent custodial order.
This may arise when a grandparents wishes to obtain custody of their grandchild.
What Is a Standing Order?
In the context of family law, a standing family law order is an order that is active and currently enforceable. This is in contrast to an order that is invalid or expired.
A standing order often refers to a temporary order, such as a temporary restraining order or temporary custody order. However, the term may also be used to describe the status of a more permanent or long-term order.
When Are Standing Orders Issued?
A standing order is often issued in the context of many different situations, for example:
Every standing order may be different depending on the legal issues of the case. For example, a court order may focus solely on child support cases.
In another case, a court order may focus on the division of property between the former spouses in the divorce.
When Do Standing Orders Expire?
A standing order may also contain instructions regarding the expiration date for the order. This will depend on the unique case.
The order may provide a specific expiration date, for example, after two months. Or, the expiration date may depend on a condition being fulfilled, such as when one party completes counseling classes.
Whether an expiration date is provided and what the conditions are will be at the court’s discretion. A party to the case may request for a standing order to be modified or terminated.
This is more common in cases that involve child support or spousal support. In some cases, the support order can be modified after a change in life circumstances or if a child included in the order reaches the age of majority.
In some cases, a party may be accused of violating standing orders. Examples of violations that may occur include:
- When a parent keeps the child or children with them for a longer period of time than they are supposed to according to the custody or visitation order;
- When one parent fails to inform the other parent of the whereabouts of the child or children;
- Taking the child or children on a long trip without getting prior approval;
- Taking the child or children outside of state lines;
- This may also lead to federal issues;
- Allowing an unauthorized individual to care for the child;
- Denying the other parent their court-ordered custody or visitation rights; and
- Various other violations.
If a violation occurs, an individual should not try to handle the issues themselves. If a violation occurs, the individual should contact the proper authorities, such as law enforcement, if necessary.
The party should also inform the court about the violation as soon as it is recognized. Because standing orders are court orders, a violation of a child custody or visitation agreement may lead to contempt of court issues.
Contempt of court may result in consequences such as criminal penalties, including jail time or criminal fines. In addition, violating an order may lead to a loss of visitation, custody, or parental rights.
Do I Need a Lawyer for Help with a Standing Order?
A standing order is legally enforceable and, therefore, a violation may result in civil or criminal consequences. If you have any issues, questions, or concerns related to a standing order, it may be helpful to consult with a family lawyer.
It is important to consult with your lawyer before taking any actions you believe may violate a standing order. Your lawyer can advise you regarding the applicable laws and can help you obtain or modify a standing order, if necessary.
In addition, if you need to contest a standing order, your attorney can help with that as well.
