FAQ Family Law

Family Law

FAQ Family Law


What is family law?

Family law is a broad area of law that deals with legal issues related to families and domestic relationships. It encompasses a wide range of topics, including divorce, child custody, child support, adoption, guardianship, paternity, prenuptial agreements, domestic violence, and more.

How is child custody determined?
Child custody is determined based on the best interests of the child.

This means that the court will consider a variety of factors, such as: the child’s age, maturity, and needs; the parents’ ability to care for the child; the child’s relationship with each parent; and any other relevant factors.

What is child support and how is it calculated?
Child support is a court-ordered payment that one parent makes to the other parent to help with the financial cost of raising their child.

The amount of child support is typically calculated based on a variety of factors, such as the parents’ incomes, the child’s needs, and the number of children in the household.

What is guardianship and how does it work?

Guardianship is a legal arrangement in which a person is appointed to care for a child who is unable to care for themselves. This could be due to the child’s age, disability, or other circumstances.

What is paternity and how is it established?
Paternity is the legal determination of who the father of a child is. Paternity can be established through a variety of methods, including voluntary acknowledgment, genetic testing, and court proceedings.
What are prenuptial agreements?
Prenuptial agreements are contracts that are entered into by couples before they get married. They can be used to address a variety of issues, such as property division, spousal support, and premarital debts.
What is domestic violence?
Domestic violence is any form of violence or abuse that occurs within a family or household. It can include physical violence, sexual assault, emotional abuse, and psychological abuse.
Do I need a lawyer for a family law matter?

It is always advisable to consult with a lawyer if you are involved in a family law matter. An experienced family law attorney can help you understand your rights and options, protect your interests, and navigate the legal process.

What is the Difference Between a Parenting Plan and Parenting Time?

A parenting plan is a comprehensive written document that outlines how parents will raise their children after a separation or divorce. It serves as a roadmap for co-parenting and must be approved by a court to become a legally binding order. A typical plan includes details on legal custody (decision-making authority), physical custody (where the child lives), and dispute resolution methods.

Parenting time, formerly referred to as “visitation,” is a specific component of the broader parenting plan. It refers to the actual schedule of when the child is in the care of each parent. This schedule generally accounts for:

  • Regular Weekday/Weekend Rotations: The day-to-day schedule.
  • Holidays and Special Occasions: Specific arrangements for birthdays, school breaks, and major holidays.
  • Transportation: Logistics regarding where and how the child is exchanged between households.

In the U.S., courts prioritize the “Best Interests of the Child” standard when approving these plans. This means the court evaluates the child’s safety, emotional ties, and the ability of each parent to provide a stable environment rather than focusing solely on parental preferences.

These articles are for general informational purposes only and are not legal advice. Contact us today to discuss your specific situation.