A family law lawyer handles all legal issues pertaining to any member of the family. This steadfast and loyal family ally handles legal issues such as guardianship, child custody, divorce, and other similar matters. Attorneys of this type may work for a larger firm or run their own practice.
Family law is a legal practice area that focuses on family-related issues such as marriage, adoption, divorce, and child custody, among others. A family law lawyer can represent clients in family court or during family law-related negotiations.
They can also write important legal documents like court petitions and property agreements. When family feuds arise, it is common for a family law lawyer in this field to act as mediators. It’s a good idea to hire a family law lawyer if you’re dealing with any legal issues concerning your family.
Why Hire A Family Law Lawyer?
The majority of family lawyers represent clients in divorce proceedings and other divorce-related matters. However, family law is a broad practice area that includes issues such as foster care and reproductive rights.
A family law lawyer can keep a family out of court by mediation. Not only does it save time and money, but it also protects relationships. One of the duties of a family lawyer is to manage wills and estates. In this way, he or she serves as an attorney. The family law lawyer represents a family in court.
Having a trusted family law lawyer can help you in your personal family matters. With them by your side, they ensure your loved ones are represented and protected throughout any legal process. Read on to know more about what they practise in the field.
Common Practises Of A Family Law Lawyer
Divorce
Divorce happens when a married couple ends their relationship. Each partner hires their own family law lawyer to assist in settlement plans in order to avoid a trial. Divorce lawyers are typically skilled at:
- Dividing marital property
- Calculating spousal support
- Proposing child custody
- Visitation
- Support plans.
Child custody and child support
Court orders and settlement agreements involving both custody and support are typically included in the larger divorce cases. However, they may be revisited as circumstances change. For example, A non-custodial parent’s financial situation can change child support modification.
Establishing paternity
Most paternity cases are initiated by the mother in order to obtain child support payments from an absent father. However, biological fathers may file for paternity in order to maintain contact with their children. DNA testing determines paternity.
Adoption
Adoption is a complicated process that varies depending on the type of adoption. Domestic adoption of Australian children is classified into two types:
Known child adoption
This is where the child and adoptive parents knew each other prior to adoption.
Local adoption
This is where the child and adoptive parents did not know each other prior to adoption.
State laws and other factors affect adoption where the child is from. As a result, it is critical to consult with a family law lawyer. Foster parents may adopt their foster children, but the foster care process does not always necessitate legal representation.
Other Related Practises
Family law frequently connects with a variety of other legal practice areas. Domestic violence and child abuse, for example, are frequently the subject of criminal investigations (and may result in arrests and charges). Family courts are also tasked with determining how to best protect victims and ensure a relatively safe environment for those involved.
Domestic violence
Spouses and children are susceptible to domestic abuse, threatening behaviour or physical assault, or sexual abuse. A family law lawyer can take immediate legal action to protect both the abused spouse and the child.
Visitation rights
The noncustodial parent is usually granted visitation rights, when one parent is awarded sole custody of the child in a divorce. Visitation rights can be revoked if there is evidence presented demonstrating that it is in the child’s best interests not to see the parent.
Physically and verbally abusive parents can have their visitation rights revoked. In addition, parents who use illegal narcotics and are heavy drinkers can have their visitation rights revoked.
Estate planning
Divorces can complicate estate plans and cause many disagreements among the spouses’ family members. An estate is a real and/or personal property that a person owns at the time of death. Estate planning law is the practice of drafting living wills, trusts, and powers of attorney. The deceased’s transfer and management of his/her property requires legal documents.
Things To Ask Your Family Law Lawyer
Q1 – How long have you worked in family law?
Wisdom comes from experience. As a result, you should make certain that the lawyer you hire has experience with a specific type of case and the necessary family law knowledge to handle your case.
A skilled family law lawyer can help a person going through the different stages of divorce with negotiation and litigation. These lawyers can deal with challenges that may arise as a result of your situation.
Q2– What are my case’s strengths and weaknesses?
It is critical to enquire about the strategy during your initial consultation. Most lawyers will not give specific legal advice before you hire them, but they will tell you how they will approach your specific case.
It is important to note that the strategy will vary depending on the situation, whether you require legal assistance with divorce, child custody, or other family law issues. There will always be issues in cases. Even if your case goes as smoothly as possible, there may be a few bumps in the road.
You should be concerned if your potential family law lawyer cannot share the bad news about your case with you. During your consultation, they should feel at ease discussing issues concerning your case.
Q3 – How do you converse with your clients?
It is critical to understand how your family law lawyer handles client communication. Inquire about their policies and standard operating procedures for phone calls and emails. Also, find out what their prefered mode of communication is and make sure you’re comfortable with it before hiring them.
Enquire About Mediation Services
Another question you can ask your family law lawyer is if they offer mediation services. As mentioned, Family law lawyers practice mediation. Mediation involves both parties coming to an amicable agreement by having a mediator take rational approaches. This prevents the costly approach of going to court.
JB Solicitors has nationally accredited mediation services that help our clients in getting the most effective way in settling disputes. With our experienced solicitors, we can also aid our clients should the matter arise and be taken to court.
Contact a family law lawyer today with JB Solicitors