Why Family Court Is Important in a Divorce

Family Court oversees cases involving children. They tend to prefer keeping the child with the primary caretaker they’ve been living with for as long as possible.

Family Court does not work like criminal courts in which specific allegations must be proven by the prosecution (“Did you or didn’t you possess 10 grams of PCP on Wednesday?). Allegations tend to mount quickly in these cases.

Child Custody

Child custody is one of the most contentious issues in any divorce, dividing families along the lines of gender and nationality. Parents can work together to develop a suitable custody arrangement; otherwise, family court will make its own determination based on multiple considerations such as each child’s preferences if old enough and parenting skills of both parties involved.

In certain instances, judges will require both parties to participate in mediation before making any ruling on their case. A mediator acts as an impartial third party who helps parents resolve their differences amicably; if successful, their agreement will be written down and filed with the court; otherwise it will become binding as is determined by court ruling.

Courts take into account both legal and physical custody when making custody decisions. Legal custody allows parents to make key decisions for their child such as medical care, education and religious upbringing – usually granted jointly between both parents. Physical custody refers to where a child will live; either full time with one parent or split between multiple residences depending on individual cases; alternatively the courts could grant equal time with each parent.

Whenever there has been evidence of abuse or neglect by either parent, custody may not be awarded to that parent. Furthermore, courts will take into consideration whether either has the financial ability to provide a stable home environment for their child and ensure their safety – specifically if domestic violence or sexual abuse has taken place.

Whenever either parent wishes to alter the current custody or visitation arrangements, they must demonstrate there has been a substantial change since their last order was made. Furthermore, courts will ensure stability for custody arrangements by not changing primary residence unless it serves their child’s best interests.

Child Support

When parents separate or divorce, courts often order one parent to provide financial support for the other’s children using an established formula which takes both incomes into consideration.

Obligors typically pay child support payments to cover general expenses of their children, such as food, clothing and shelter costs. Additional considerations of child support payments may include medical costs, insurance premiums and education-related costs such as tuition fees, books and supplies needed at school as well as fees associated with extracurricular activities like sports teams or musical instruments.

Child support payments usually end when a child reaches his or her state-specific age of majority; however, courts may extend this obligation beyond this point in certain situations – for instance when enrolling as full-time students at postsecondary institutions.

Parents need to understand their rights when it comes to child support payments, and having an experienced Family Court lawyer on board is vital to protecting those rights.

Family Court proceedings are governed by Article 4 of the Family Court Act. If a custodial parent isn’t receiving child support or being assisted through government assistance programs, they can file a petition with the non-custodial party seeking support and, if granted, an enforceable child support order will be established by a judge.

Those who fail to pay court-ordered child support may be found guilty of contempt of court and face possible criminal penalties. Furthermore, the court may order them to undergo paternity testing as well.

Conflict over child support amounts between parties is common, with either paying parent feeling that the other is living too extravagantly and neglecting their children, while receiving parent being paid too much child support. While courts have some latitude for discretion, most usually follow set guidelines from legislature and judiciary.

Paternity

No matter the relationship status between parents, issues regarding custody, visitation and child support may arise. Establishing paternity can ensure that rights and responsibilities for their child are properly fulfilled by both fathers, as well as determine an amount due for child support payments. DNA tests or other evidence presented to court can be used to establish fatherhood.

Unmarried couples seeking assistance in matters relating to paternity, child support or custody must go before Family Court; only judges who specialize in these types of cases hear them here. Furthermore, different laws govern these decisions than when married couples file for a divorce, separation or annulment in Supreme Court.

When a man who believes they are the father of a child files a paternity suit, the court will order DNA testing in order to establish biological paternity and sign an acknowledgment of paternity (which will make him the legal father). He can withdraw this consent within 60 days by filing an action in Family Court.

The court will carefully review the results of a DNA test and make a determination before issuing an Order of Filiation to officially identify one parent as their legal father.

An attorney’s assistance can be crucial in protecting your rights during a paternity case, custody and/or support proceedings and even divorce proceedings.

If you are facing legal trouble, going to court can often be the best solution. An experienced attorney can provide invaluable guidance through this process and all available options and give you peace of mind. With this online form you can ask the court for temporary visitation, custody and/or child support orders; download forms below and follow their instructions before filling them out and paying fees associated with filing documents if needed – the Fee Information page offers guidance and offers details on requesting fee waivers if applicable.

Guardianship

When children do not have parents to care for them or when parents cannot adequately do so themselves, courts appoint guardians. These may include family or friends that can provide a safe home environment and make decisions regarding health, education and religion for the child in their best interest. Guardianship may only last temporarily until either their own parent takes over care, or until adulthood.

Adults unable to manage their personal or financial affairs due to mental or physical disability may require guardianship. An injury sustained in a car accident, for instance, could leave an individual too incapacitated to manage their own affairs independently. A similar scenario applies if someone you love has been diagnosed with terminal illness or Alzheimer’s disease and needs someone who will oversee these matters on their behalf.

Family law attorneys can explain to you when and why hearings on a guardianship proceeding would be necessary, and explain how this process works. They’ll work with you to identify which type of guardianship is needed, who should serve as its guardian and whether or not there are any preferences from their ward. For instance, disabled people often require medical treatment that needs to be addressed or they may wish to remain living in their current homes.

Filers must have reasonable grounds to believe that an incapacitated individual cannot make or communicate informed decisions on their own and that no less restrictive alternatives exist, with potential conflicts of interests taking into account. Usually, however, those filing the petition for guardianship cannot also serve as that person’s guardian – although family members, spouses, siblings or close relatives of the incapacitated can become guardians should there be reasonable evidence of it being beneficial to them and the incapacitated individual’s best interests for them to do so.

If both parents consent to the establishment of a guardianship, they must sign Form 6-4 Waiver of Process, Renunciation or Consent to Guardianship and present it at court hearing. After reviewing these forms, a judge will make their determination on granting or not.