Family Law – A Special Branch of Superior Court

Family court is an area of superior court dedicated to hearing cases that impact family life, such as child custody, visitation rights and support payments, domestic violence issues and any cases relating to adoption or termination of parental rights.

Family law issues increasingly span state lines due to federalization and an increase in mobility among its inhabitants.

Divorce-related cases

As part of divorce proceedings, a judge considers both spouses’ arguments and evidence in order to decide how best to dissolve the marriage. Fault can be proven by showing instances of cruel and inhuman treatment, adultery (physical or verbal), bigamy, gambling away family funds, misappropriating joint assets, desertion or abandonment by one spouse over time.

Once a marriage has ended, a divorce decree may include a property settlement that divides all assets held jointly by both spouses. Prior to the late 20th century, many divorce laws heavily favored allocation to wage-earners while neglecting to consider women’s contributions as homemakers and mothers when awarding assets.

If either spouse is dissatisfied with a judge’s ruling in their divorce case, they have the option of appealing it. In order for any appeal to succeed successfully, viable grounds must exist, such as an error in interpretation or application of law by the judge. It is crucial that an appeal be filed within its applicable time limit (this varies according to each case).

Child custody

Child custody cases determine who will assume physical and legal custody for their children, usually both. Legal custody refers to making important decisions for a child such as health care, religion and education while physical custody refers to daily care for a child – this could involve joint legal custody as well as physical. Often two parents share joint physical custody while occasionally one may sole custody. A court may also award custody rights to someone other than parents (for instance grandparents).

Custody and visitation arrangements should always take the best interests of a child into consideration when making decisions on these matters. While state laws may differ, judges typically take several factors into consideration before rendering decisions regarding custody or visitation arrangements. If either parent disagrees with an existing decision regarding child custody and visitation arrangements, they can file a petition to have it changed; usually by showing substantial changes since its original order was issued.

Child support

Parents have a legal responsibility to support their children financially. Child support payments in most states are calculated using an industry standard formula which considers both parents’ incomes as well as the number of children being supported by child support payments from noncustodial parents; noncustodial parents typically owe a percentage of combined monthly net incomes payable directly to custodial parents.

Family Court in New York handles cases relating to children and families (though divorce proceedings must be heard in Supreme Court). Law Department attorneys can assist with filing claims for child support/custody payments as well as amending/enforcing existing orders.

If either party is unhappy with a judge’s ruling, they can file an appeal. In general, an appeals court will modify the judge’s original order if an error had an impactful impact on the final result – for instance if they used an incorrect support formula than what had been agreed between parties, an appeals court might change this outcome.

Adoption

Adoption occupies a nuanced space within family law; its legal proceedings can have profound societal ramifications and decision-making can be fraught with emotion. Yet family court judges continue to use the best interests of the child standard when making their decisions regarding adoption, from terminating parental rights to awarding adoptive parents lifelong custody of their children.

Appeals in adoption cases often center around whether key evidence was overlooked, or legal standards misapplied, endangering the child’s wellbeing. They also involve conducting an in-depth and compassionate evaluation of an ideal environment for the child’s growth – making decisions which truly enhance his or her psychological, emotional and physical welfare.

Appeal proceedings must meticulously inspect an adoption proceeding for compliance with legal statutes while upholding justice and providing fairness to all involved. They should also consider whether cutting off parental ties is both lawful and morally permissible if former biological parents have made efforts to repair past issues or maintain relationships with their children.