Common/general family law questions
What is family Law?
Family law is a branch of law that deals with legal matters related to family relationships, including marriage, divorce, child custody, adoption, and domestic violence.
List at least 5 areas/types of family law.
Any of the following:Marriage/divorce,adoption, domestic violence, child custody, emancipation, guardianship, alimony/child support,prenups/postnups,paternity
What must the birth parents of a child up for adoption do before the adoption if finalized?
The birth parents must give up all of their parental rights. They do this by signing consent and relinquishment papers, which legally ends their parental relationship with the child
What are some factors that determine which parent pays child support and how much is needed to be paid?
A factors that is considered when determining which parent (or both) pays child support is how much time they spend with the child. As far as determining how much they need to pay, that depends on both parents incomes, how many children they have together, child's needs ( medical, educational, and dental costs etc.), insurance costs,etc.
What are the two main types of custody (over children)? Briefly explain each.
The two main types are sole and joint custody. Sole custody is where one parent has complete legal authority over the child as well as physical custody of the child (child primarily resides with them). Joint custody is where both parents share legal and physical custody of the child, so the child splits their time with both parents and both parents are involved in major decision making.
During domestic violence cases what do victims often do to protect themselves?
Victims usually seek restraining orders, which can be temporary or permanent, to protect themselves from an abuser. A restraining order is a civil court order designed to provide safety and prevent further abuse, regardless of the status of a criminal case.
When pursuing a child custody case, what is the first step the parent has to do before they file the petition?
The parent who plans on filing must first gather information and relevant documents like school records, medical records, and communication logs with the other parent in order to provide objective evidence that supports their claims about being a fit parent and why the custody arrangement is in the child's best interest.
How do most domestic violence cases end?
Most of these cases end up being dismissed or resolved through a plea bargain.
What is the difference between a legal separation and a divorce?
A legal separation allows spouses to live apart,however the marriage remains legally intact, while divorce ends the marriage.
How is guardianship different from custody?
Custody is the legal arrangement for parents and their child(ren), while guardianship is a legal arrangement for a non-parent to care for a child when parents are unable to.
Do criminal domestic violence cases always have a jury when they go to trial?
No, criminal domestic violence cases do not always have a jury, as the defendant can waive their right to a jury trial and opt for a bench trial decided by a judge.
After a court has already granted emancipation to a minor, for what reasons can they later rescind the emancipation?
The emancipation can be rescinded if the minor can no longer support themselves, the minor and parents agree to end it, or the minor moves back in with their parents.
What is the difference between a criminal case and a civil case for domestic violence?
A criminal case involves the state prosecuting the abuser for a crime to seek punishment like jail time or fines. A civil case is initiated by the victim to seek protection or compensation.
Does a court have to be involved in every adoption case?
Yes, a court must be involved in every adoption to finalize the process. The court issues the final order and often a new birth certificate with the adoptive parents listed as the legal parents.
What is the first step in filing for Divorce?
The first step in filing for divorce is to file a Petition for Dissolution of Marriage with the local circuit court in your county.
At the end of a custody battle what is a judge's primary consideration when determining custody of the child?
A judges primary consideration is determining which parent meets the best interest of the child standard. This standard prioritizes the child's physical, mental, and emotional needs and safety to determine the best custody arrangement.
What is an equalization of assets in marriage?
Equalization of assets refers to a process of dividing marital property and debts, which is not always a simple 50/50 split and depends on various factors.
What is contested v. uncontested divorce?
Uncontested divorce is where both spouses agree on all terms, making the process simpler, faster, and less expensive. Contested divorce is where spouses can't agree on one or more issues, requiring court intervention to resolve disputes over things like asset division, child custody, or spousal support.
When a prenup goes to court due to it being challenged by one spouse, what are 2 ways you can challenge its validity?
Any of the following: agreement signed under duress, one spouse hid assets or did not give full disclosure, agreement was signed incorrectly, certain provision of the prenup are unenforceable by law, when the terms of the prenup are so unfair to one party that it would be unconscionable to enforce them.
In a paternity case, if the man is proved to be the biological father of the child and paternity is later established in a court order, what can happen after?
The court may order the father to start paying child support, custody and visitation arrangements may be made, and the child may gain rights to benefits such as inheritance and health insurance from the father.