Different Court Cases That Fall Under Family Law

Different Court Cases That Fall Under Family Law

Different Court Cases That Fall Under Family Law

Tolstoy wrote, “Happy families are all alike; every unhappy family is unhappy in its own way.” Many unhappy families eventually end up in court, but not all family law matters arise from disputes or unhappiness. Sometimes, what is necessary for families to carry on with their lives in the best way possible is to go to court. Continue reading to learn more about the different matters that fall under family law.

Divorce, Child Custody, & Property Division

Divorce, child custody, visitation, and spousal support are matters of family law. Family lawyers prepare proposed parenting plans for the division of property between divorcing spouses, proposed child support payment and visitation plans, and agreements about spousal support to submit for court approval.

Paternity Rights

Courts require proof of paternity to hold a man responsible for supporting a child, such as a birth certificate to confirm the parents. De facto fathers, meaning a person who consistently acts as the father of a child and contributes to their care in a significant way, may also have paternity rights. In divorce actions, spouses of children born during the marriage may be considered the father, even if the child is not biologically his.

If the biological father is not a spouse in the marriage, then they may ask the Court for consideration of paternity rights. However, if the child was born during the marriage, not of the spouses, then the Courts can also change paternity so that the biological father is responsible, as opposed to the married spouse.

Men who dispute their paternity can ask the Courts to absolve them of their responsibilities for child support if they can prove they are not the child’s father. On the contrary, biological fathers can assert their parental rights to avoid exclusion from their children’s lives.

If there is a question of paternity, it is best to get a genetic test for confirmation and to speak with a family law attorney about what to do next.

Guardianship

When a family member is unable to care for themselves, others can petition the Court to establish guardianship to protect that person’s financial or physical health. Guardianship can be granted to grandparents or non-family members who care for a minor child when the parents have abandoned the child or are determined to be unfit. Guardianship may be temporary or permanent, depending on the fitness of the biological parents.

Prenuptial Agreements

Prenuptial agreements made before marriage can help sort out issues of inheritance in blended families, define separate property, and establish boundaries around business ownership when the couple does marry. They also establish the terms of property division if the couple splits up.

For spouses who have been divorced and seek to remarry, the divorce order will be helpful to prove what property belongs to which individual depending on when the first divorce was finalized.

Unmarried Couples

Defining the rights and responsibilities of unmarried couples is another of the different court cases that fall under family law. If an unmarried couple that is splitting up hasn’t made a written agreement about their relationship, then proving ownership of specific property may be difficult. Without documentation of your separate property in any situation, then the property in question may require Court action in family law or civil litigation. It is always best to consult with an attorney to ensure the property that is rightfully yours remains with you after the relationship ends.

Emancipation

Minors can ask the Courts for “emancipation” to live beyond the authority of their parents. Emancipation cases arise when kids feel it is in their best interest that their parents should no longer make decisions for them. Depending on the circumstances, kids who are neglected or left to fend for themselves may ask the Court to emancipate them so that they are no longer considered dependent.

Adoption

Adoption is one of the happier types of cases that come before family courts. Partners who wish to become adoptive parents ask the courts to formalize their status as the parents of the child or children they love.

Stepparents may also seek to adopt the child if the biological father is unfit, neglectful, or has had their paternity terminated.

Domestic Violence

At the other end of the spectrum in family law are domestic violence cases. These cases typically arise when one partner seeks protection from the other, or a partner must protect themselves against false accusations of abuse.

LaCoste Family Law of the Tri-Cities in Washington state can handle all these types of family law matters. If you believe you need representation in a divorce, child custody or support, adoption, paternity rights, or guardianship case in the Kennewick, Pasco, or Richland areas, contact LaCoste today.