If you want to get the most out of your family, it is crucial to understand the laws guiding the institution. When all parties play according to the rules, there will be peace and harmony in the home.
“Sometimes, despite all our efforts to make our family firm, things still get out of hand. In these instances, you must know how to apply the law to your advantage. An informed legal understanding will ensure the other party does not take advantage of you,” says family law attorney Shawna Woods from the Atlanta Divorce Law Group.
This article discusses the legal perspective on marriage, breakup, and child custody matters:
Table of Contents
Understanding Family Law
Family law is a legal specialization that addresses matters associated with familial relationships. Family law covers divorce, child support, paternity, emancipation, adoption, and custody issues.
Family law attorneys specialize in this area of law. However, to offer sterling services to clients, choose one who specializes in your legal needs. For example, an attorney may focus on child custody issues, while another specializes in divorce.
Hence, when seeking a family law attorney, focus on the one who specializes in your legal needs at the given time.
The Legal Issues Surrounding Marriage
When love disappears in a marriage, it becomes a horrible sight. The once-bonded individuals will begin to behave as strangers and can even become arch-enemies. Some marriages even develop issues before they commence.
You may opt for a prenuptial agreement before marrying your partner. A prenuptial agreement is a contract between lovers before their marriage. This contract highlights the assets of each party and their rights if the marriage eventually falls apart.
Because it is always controversial, you need a family law attorney’s guidance in preparing a prenuptial agreement. They will enlighten you on the pros and cons of the agreement and how you can use it to your advantage when your marriage fails.
Furthermore, some couples seek legal separation after their marriage. Legal separation is a temporary separation between couples; the couples live separately for a given period while trying to address their differences. It highlights each party’s rights and obligations.
However, you can decide to annul the marriage. By annulment, the court will declare your marriage null and void. In other words, they will treat it as if it never occurred in the first place.
You can only annul your marriage due to intoxication at the onset of the union, bigamy, physical or psychological incapacitation, force-related issues, fraud, incest, and legal age matters.
If you want to terminate your marriage, you go for a divorce. Divorce can be friendly or contentious, depending on the issues leading to the breakup. However, the courts will always prioritize the child’s best interests in any divorce circumstances.
Divorcing couples often have disagreements over child support, alimony, child custody, and visitation. Most people want to be the “winner” of a divorce. However, you must always think about the other party if you want the process to go seamlessly.
Spousal abuse and domestic violence are some of the leading reasons for crises within the family. If a relationship becomes too toxic for you, it is advisable to speak with your attorney on how to quit before it threatens your life or mental health.
Another crucial aspect of family law is “elder law,” which addresses the marital issues of those over 65. The law specifically addresses social security benefits, wills and trusts, retirement plans, and age discrimination issues.
Elder abuse laws safeguard older adults from abuses from different sources. The laws expressly state the consequences of abusing an elderly person.
The Legal Issues Surrounding Children in Family Issues
For your divorce to go seamlessly, you and your partner must agree on child custody and support. Unfortunately, these arrangements often break down unexpectedly. You can involve a responsible family law attorney to help you handle the negotiations and other related matters.
The legal process is more tedious when it entails adoption, especially when it weaves around surrogates. Before you can adopt a child, the authorities must carefully investigate the biological parents before terminating their rights. There will be numerous court hearings and interviews with the child and other family members.
Another legal concept is child abuse. Despite the consequences of this crime, it seems to be fast spreading like wildfire. Child abuse has both civil and criminal repercussions.
Every state has child protection laws, with agencies actively protecting children’s welfare. You must be ready for the consequences when you neglect or mistreat your child. Appropriate agencies investigate cases of abuse and place abused children in foster care homes.
The court can order guardianship in some cases involving kids. In this case, a probate court will appoint an individual to serve as the child’s legal guardian. Most wards suffer severe physical or mental disabilities. Hence, their guardian has to make financial decisions for them.
A court will also appoint a guardian for a child whose parents have abandoned or are orphans. Probate courts also appoint guardians for children whose parents cannot properly care for them.
Miscellaneous Issues: Power of Attorney, Change of Name, and Inheritance
Family law also covers estate issues and power of attorney. Based on your lawyer’s advice, you may assign a power of attorney to someone you trust to decide when you cannot speak for yourself.
You can assign this power to multiple individuals. For instance, you can appoint someone to decide on finances for you while another person handles medical decisions.
To properly determine who receives property and assets from a deceased relative, you must understand “inheritance laws.” When divorce blends with inheritance issues, they become unimaginably complicated. You will need an attorney to loosen the knots.
Issues may also arise when you want to change or alter your name. You may not need a court order to change your name after marriage, but you may need to inform the court if you want to create a new name or do something unusual.
Generally, you need a court order before changing government-issued identification documents, like social security cards and passports, if the change is not related to conventional marriage.
Concluding Remarks
The article emphasized the need for a local family law attorney in different instances. Family matters are slippery and require the involvement of a legal professional. Before getting deep into any family-related case, get yourself an outstanding family law attorney.
