Family law is a branch of the legal system that specializes in laws dealing with domestic issues such as marriage, divorce, civil unions, adoption, child care, custody, child support, and other issues that are generated from the role family plays in society. It often focuses primarily on matters involving children within the family.
To quote Erik Erikson; “Someday, maybe, there will exist a well informed, well considered, and yet fervent public conviction that the most deadly of all possible sins is the mutilation of a child’s spirit.”
In many ways, family law tries to address those issues pertaining to the well being of children before and after they are born. Many times child custody disputes arise during divorce proceedings, but child protective proceedings are also frequently handled by legal firms specializing in this area of the law. Sometimes, it is the state that initiates these proceedings as it tries to find suitable foster care for children, or terminate parental rights and place children up for adoption when no other solution can be found.
State and federal laws have established courts within which family law is conducted. In many instances, lawyers practicing family law provide more than just legal assistance for their clients. They often find themselves in the position of acting as family or marital counselor as they identify issues surrounding the reasons behind disagreements that bring these individuals into their offices. Once the discovery phase is completed, these professionals provide advice about how to resolve issues and reduce the tensions causing controversies within the family.
Since the family is at the center of all societies, it is very important that family law address the rights of every person within that structure. It must also attempt to eliminate any overlapping functions of members while offering advice intended to prevent litigation and encourage reconciliation if at all possible.
When spousal conflicts occur, the entire family is affected. Issues can arise that lead parents to seek separation or divorce, and here is where family law works to help determine property arrangements, child custody and support, as well as other arrangements that protect children’s rights. In other words, it helps to make sure that obligations are met and courtesies extended for the benefit of all parties involved.
Abuse and neglect are also addressed in courts of family law. There are times when parents, father and/or mother, fail to provide appropriate care for their children, or treat them in an uncivilized manner. It is at these times when family law practices attempt to change the situation and help family members maintain connection with each other. When all else fails, parental rights of one or both parents may be legally terminated and the children put up for adoption.
It requires a deep understanding and much expertise in both law and human nature for attorneys to practice effectively in this legal area. This is necessary in order to build an accurate profile for all family members in question, without compromising anyone’s rights or needs.
Finding such an attorney when needed is critical, and should not be left to chance. It is not always the most expensive attorney that will do the best job. By the same token, one may not receive the greatest effort from someone who charges less for their services.
Issues of abuse and domestic violence should never be left unchallenged, regardless of social standing, and that is why there are many choices when it comes to legal advice in the area of family law. Those with much property at stake might be better served by a specialist who can offer an equitable evaluation of the marital or family estate. However, when simple family disputes are the subject of legal action, this may not be necessary.
Problems within families can be very distressing, and interfere with daily life. Having a trained professional intervene on the behalf of family members not only alleviates confusion, but also has the potential for resolving issues in an amicable manner.
Tags: adoption, child care, child support, children, civil unions, custody, divorce, Family Law, marriage, parental rights
