Orlando Family Law Attorneys
Family law pertains to family-related issues that require legal action. Legal action may be required for changes in the structure of a family, as in divorce or changes in guardianship of children. Family law may also help victims of abuse bring abusers to justice.
Family law attorneys may be helpful when domestic issues are difficult to work through. Family law attorneys have experience in helping families come to solutions that are best for all parties involved. Family law attorneys understand the fairest and most likely outcomes of different cases, and will help family members reach agreements. This can help to avoid some of the stress and hard feelings that often come with domestic issues.
Family Law Cases
Some of the common cases that are handled by family law attorneys may include:
- Child custody
- Child support
- Domestic abuse
- Paternity testing and paternity fraud
- Juvenile Emancipation
- Parental rights and obligations
Marriage Dissolution and Divorce
When a couple decides to terminate a marriage, there are two options-divorce and dissolution of the marriage. In a divorce, one partner may file a petition with the court outlining the reasons that a divorce is desired based on actions taken by the other partner. The procedure for filing a divorce may vary from state to state, but the court may require a witness to attest to the claims of the partner that is filing and sometimes provide evidence to support the allegations prior to granting the divorce. In marriage dissolution, both partners agree on the terms of ending the marriage and neither partner is deemed to be at fault. In either case, terms must be reached regarding division of assets, property, children, pets, and future support obligations.
Child Custody and Support
Child custody and support may be determined as part of divorce proceedings or after a separation if the parents are not married. In some cases, paternity testing may be requested for the named father of the child before child support cases can be reviewed. Child custody, visitation, and support issues can be emotional and difficult to agree upon. An experienced attorney can help ease some of the pressure by providing advice and assistance.
Domestic abuse is any type of physical, verbal, or emotional abuse that is inflicted by one family member or spouse on another. Domestic abuse can take place between partners in a relationship, between parents and children, grandparents and grandchildren, siblings, or any other familial relationship. If the victim of domestic abuse is over the age that is considered elder in the state, the case may qualify as elder abuse. Victims of domestic abuse typically require a restraining order against the abusive party. After the abuse victim or victims are safe, a personal injury lawsuit may be filed against the abuser, if desired.
Family Law Proceedings
Most family law hearings or trials are overseen by a judge or magistrate, jury trials are typically not utilized for family law. Family law proceedings are generally open to the public, although officials may exclude the public in certain scenarios, such as a domestic dispute in which the abused party is seeking privacy and protection. At the conclusion of the hearing or trial, the judge or magistrate will typically make decisions regarding division of assets, custody, restraining orders, or other details that may require deliberation.
Filing an Appeal
If the outcome of a family law trial is not satisfactory to one or more of the family members involved, an appeal may be filed to have the case reviewed by a higher court. To file an appeal, a petitioner must outline a specific area in which the petitioner feels the court made a mistake. Mistakes may pertain to the facts of the case or the law that was used to decide the outcomes of the case. An experienced family law attorney will be able to provide advice and assistance for filing an appeal.
“Emancipation of Minors.” LII / Legal Information Institute. Cornell University Law School, n.d. Web. 9 June 2014. <http://www.law.cornell.edu/wex/emancipation_of_minors>
“Family Law Overview.” Family Law Overview. Stateside Legal, 1 June 2010. Web. 9 June 2014. <http://statesidelegal.org/family-law-overview>
“New York City Family Court.” NY City Family Court. NYCourts.gov, 4 Jan. 2013. Web. 9 June 2014. <http://www.nycourts.gov/courts/nyc/family/overview.shtml>