Given how widely family lawyers have been depicted in movies and TV shows, most people likely have an idea of what family law attorneys do; however, in practice it’s far more complex and challenging.
Family law attorneys specialize in matters concerning marriage, divorce, child custody and alimony/spousal support – read on to gain more insight into this specialized legal field.
Child Custody
Child custody disputes can be among the most sensitive matters family lawyers encounter. From legal to physical custody arrangements, decisions must always be made in the best interests of the child in terms of health, wellbeing and happiness.
Custody disputes often come down to two parents competing for custody of their child(ren). When these cases become contentious, it’s essential that both parties involved partner with an experienced custody lawyer in both negotiations and litigation proceedings. A knowledgeable custody attorney understands both legal and physical custody arrangements as well as visitation rights in such matters.
Family lawyers often assist clients in dealing with adoptions, prenuptial agreements, emancipation proceedings and domestic violence matters. A good family law firm will offer compassionate representation during such delicate proceedings.
Divorce
Family lawyers provide essential legal assistance in all matters pertaining to families and domestic relationships, from divorce and child custody disputes to restraining orders, estate planning needs and more.
Divorce is one of the main reasons people seek out family lawyers, as its legal process entails dividing property, assets and debts; negotiating child custody arrangements; and determining spousal support payments.
Family attorneys possess the knowledge and skill set to guide clients through complex proceedings with confidence, protecting their rights. In some instances, they may collaborate with mediation professionals in order to resolve divorce-related disputes outside of court and draft prenuptial agreements as well as advise clients how best to handle sensitive situations such as infidelity or domestic violence.
Child Support
Child support payments are ordered by a court to cover costs associated with raising children, such as food, childcare costs, transportation, housing utilities and child-related activities such as extracurricular programs.
Family lawyers can be invaluable allies when it comes to child support disputes, whether you need help establishing or revising an existing order due to substantial changes in circumstances. A temporary orders hearing or trial can be helpful when setting new support orders; or seeking modifications based on substantial modifications. In this situation, a hearing is required before a judge and your lawyer can help your case by gathering relevant evidence such as pay stubs or tax returns that support their position.
Once this is accomplished, their attorney may serve both sides with summonses, petitions and financial disclosure forms and schedule court dates with judges from Family Court.
Prenuptial Agreements
Couples with significant disparate assets and debts can greatly benefit from entering into prenuptial agreements, particularly those who possess significant disparate assets and debts. Prenups may include various terms; some are enforceable in court such as those concerning personal behavior or spousal support (alimony). Both parties must disclose all assets and liabilities, provide inventory statements and undergo independent evaluation by their attorneys in order to ascertain if the agreement is fair and reasonable.
Prenuptial agreements can protect spouses in the event of death by setting rights of survivorship, setting alimony payments, setting trust arrangements, and making other agreements. A skilled family law practitioner can assist with creating a valid prenuptial agreement.
Restraining Orders
Protection orders provided by a family lawyer can help limit contact between people. From temporary orders to long-term agreements that limit contact and custody arrangements, police generally enforce these orders, with violations being subject to misdemeanor or felony criminal charges for those violating them.
Applying for a protection order involves gathering evidence and attending a court hearing where both sides present their cases. No matter your role in this process–filer or target–it can be emotionally draining and difficult. These laws exist to keep people safe, yet can disrupt relationships that matter most.
Estate Planning
Estate planning is a central component of family law. Estate planners create documents designed to manage and distribute an individual’s assets both during their lifetime and upon death, such as trusts, beneficiary designations on insurance policies and retirement accounts, durable financial power of attorney documents (DFPOA/DHPAs) or advance directives.
An estate planning attorney in Brooklyn can guide clients through this complex legal framework, helping to avoid future family disputes and ensure their wishes are carried out. An experienced attorney may suggest ways to avoid probate court and maintain privacy regarding an individual’s wealth. It is wise to review an estate plan regularly due to life events or changes in laws which might impede it.
