In law, a family lawyer in Briarforest can deal with many different cases, which fall under it. This field deals with the different issues that are often related to this basic unit of society. The main point of the attorneys that practice family law in Briarforest is to keep the peace within the unit and help the members be in harmony with each other. There is a variety of cases that get filed which fall under family law. Examples are divorce, separation, annulment, adoption, spousal abuse, child abuse and many others.
Family unions in Briarforest are among the many cases that a lawyer may encounter in family law. The union and dissolution of people is often dealt with in this field. Prenuptial agreements are usually drafted and made by legal representatives who are very well versed in the laws that govern these unions.
These agreements usually outline the conditions of the marriage and deals with the results or outcome of the union when an end is apparent. The same family law professionals in Briarforest who can draft and make the prenuptial agreements deal with divorce, legal separation and annulments. The many different aspects of the dissolution of the union are also part of the responsibility of the attorney. These include dependents such as children and pets, properties and assets as well as others. There has to be an agreement between both parties regarding the many different matters that often come up when partners in Briarforest dissolve their union or partnership.
If there is no agreement, both parties may need to go court and be heard by a judge. The lawyer usually represents his client in the meetings for the amicable dissolution of the union as well as the hearings that will follow if there is no agreement reached. It is important that the client outline his or her preferences to the family attorney in Briarforest before attending any meetings in which the terms of the dissolution will be discussed. This is so that there is already a clear understanding between the attorney and the client as to what the goals of the meetings are.
Lawyer Services for Family Law
Divorce is an emotional, stressful ordeal for a couple to endure, and the presence of children in the marriage makes the process even more difficult. One of the first decisions that will have to be made in the event of a separation or divorce is which home the kids will spend most of their time in. There are no easy answers to this question, but parents who cannot come to an agreement may have the custody battle settled in court.
There are many factors that may go into determining which home will serve the best interests of the children, which is why it is important to have the help of a child custody lawyer who can ensure the process will continue smoothly and fairly. It is important that each parent works with an individual attorney who will protect that person's rights. Sometimes, the children even need to have their own attorney involved to make sure their best interests are taken into consideration.
Difference between Legal and Physical Custody
The matter of child custody is further complicated by the fact that there are different types of custody to take into consideration. Physical custody is generally given to the parent the child will be living with most of the time, since this is the person who will be physically with the child the most. Legal custody entails the decisions that go into raising the child, and may include decisions about health care, education and religion. In some cases, one parent may have primary physical custody while both parents equally share legal custody. A child custody lawyer will be able to help parents determine the best interests of the child in both of these areas.
Joint and Split Custody
Two types of child custody settlements that are not recommended as often are joint custody, where both parents share equally in the physical custody, and split custody, which entails splitting up siblings so each parent can have a child full time. The courts generally do not like either one of these arrangements typically, since most psychologists will agree that either of the situations will be stressful for the child. The rare occasions where joint custody is awarded will usually involve two parents who have proven they can work well together for the sake of their children. If one of these situations actually appears to be the best solution, a child custody lawyer can ensure that this agreement is properly carried out.
In most cases, the courts would prefer that parents reach their own agreement on child custody. This can be done with the assistance of child custody lawyers assigned to each party, and a mediator if necessary. If parents cannot reach an agreement, the courts will be forced to decide how custody will be awarded. Many factors will go into this decision, such as a child's preference if he is old enough to say, best interests of the child and the child's primary caregiver. A child custody lawyer working for each party will ensure the decision is fair and that the rights of both parents and the children are protected throughout the process.
Divorce Mediation As an Alternative to Traditional Divorce Litigation
Whenever someone thinks of the word "divorce," it brings to mind several different emotions. Hurt and betrayal are just a couple of them. Drawing a divorce agreement can be an extremely messy and devastating time for a couple. However, if they have children, this task can be even more difficult. This is where a child custody lawyer comes into play. The services they offer can help both parties in their battle to determine and solve the many issues that will arise during the divorce proceedings.
The first is fighting for child custody. There are several different ways this can turn out. The most common is joint or shared custody. Whenever parents have shared or joint legal custody, they each retain their parental rights as the minor(s) legal guardians. This still allows both parents to make major decisions for those in question. These decisions would mostly be those that pertain to medical care and anything else that requires consent from both legal guardians. An attorney can also fight on behalf of a parent for sole legal custody of the minor. This means that only one parent has the legal right to make major decisions concerning the minor's medical wellbeing, religion, or education.
These attorneys also fight for child support. A child custody lawyer can debate in the initial proceedings, presenting to the judge figures such as taxable income or other means of support one of the parents receives. This helps the judge determine a fair amount of child support that one of the parents is obligated to pay to the other. However, these attorneys can also bring the ex-spouse/parent back to court if they are not paying enough money or paying it on time. This sets the legal wheel in motion on collecting back pay. They can also bring him or her back if their income increases. This allows the parent that keeps the kids for most of the time to receive a fair amount from the other parent.
The last piece of the custody puzzle is visitation rights. Whenever parents maintain joint custody of their children, there has to be an arrangement that allows each parent to see the children. There are several different types of visitation. The most common one is unsupervised visitation. Unsupervised visitation means that each parent is scheduled certain times they are allowed to see the child. During this time, they are free to take them to their homes or to go on outings. Supervised visitations are visitations where at least one of the parents is required to have another adult present for the visit with the children. Often a time, this adult is a social worker who will make sure nothing out of the ordinary or inappropriate happens during the visit.
Going through a divorce is a mess. Each spouse seems to place blame on the other, and neither of them wants the other to abuse their parental rights. A child custody lawyer will fight for parental rights and is the best way to ensure each receives the time with the children s/he deserves.