Throughout the country, family courts handle all manner of domestic issues. Sometimes these issues are contentious and sometimes they’re not, but if your family is undergoing a big change with legal consequences, then you may find yourself in family court.
Divorce-Related Family Court Issues
Some common types of divorce-related family court matters include:
- Annulment: Annulment involves declaring a marriage null and void. From a legal perspective, annulment declares that the marriage did not happen and that all decisions within the marriage are voided. A person may seek annulment due to coercion or fraudulent acts, or for religious reasons when divorce is not allowed.
- Divorce: Divorce is the legal dissolution of a marriage. A divorce allows both parties to marry other people in the future if they choose. A divorce may involve the division of property and debt and, if the couple shares minor children, it will address custody and child support.
- Spousal Maintenance: Sometimes referred to as spousal support or alimony, spousal maintenance is a form of financial support made by one spouse to the other after a marriage. The family court may order payment of support from one party to another.
- Prenuptial Agreement Disputes: If you and your spouse have a prenuptial (or premarital) agreement, it should be honored by the court in divorce proceedings. If, however, a dispute arises regarding whether the agreement should or does apply in a divorce case, then that dispute will be litigated before the family court.
Child-Related Family Court Issues
Family court manages many of the components of child-related decision-making when divorced or unmarried parents cannot agree. Legal guardians and other individuals who are significantly involved in a child’s life may also have standing to request relief in family court. Examples of some of the family court’s decision-making power related to children include:
- Support: Child support refers to the financial obligations each parent has in caring for a child. Family court establishes who should pay child support, the amount of that support based on the particular state’s guidelines, and any additional requirements that may fall outside of those guidelines.
- Parenting Plans: A parenting plan lays out custody and visitation plans, how parents will communicate, what the financial responsibilities are, and more. If parents cannot agree, then a court will make decisions about these matters and incorporate those decisions as ordered in the parenting plan.
- Custody: Legal custody is the right of one or more parties to make decisions on the part of the child. Physical (or residential) custody refers to where child will live or spend most of their time.
- Grandparent Visitation: In some states, grandparents have the right to be a part of a child’s life even if the child’s parents will not facilitate this after a divorce or after a spouse’s death. This may include situations where the grandparent has played a role in the child’s life for some time, and it would be hurtful to the child for the grandparent not to be present.
- Paternity: Paternity is the legal process of identifying the father of a child. Family court may require paternity testing to determine support and custody for the child.
- Adoption: Individuals or couples looking to adopt a child may also need a visit to family court. Some states require a formal court hearing to finalize the adoption.
- Order Modification or Enforcement: If you need to modify a court order (generally for support or custody), that request is submitted through the family court.
- Guardian ad Litem (GAL) Appointment: Also known as best interest attorneys, guardians ad litem are lawyers who represent children in various legal capacities. A court may appoint a GAL to ensure the child’s best interests are represented at all times.
In nearly all states, the focus on child-related decision-making is based on what the court believes is the child’s best interest. Most states encourage equal involvement of both parents in a child’s life, when possible and when in the best interests of that child.
Abuse-Related Family Court Issues
Abuse can happen in any relationship. Family courts may issue court orders to protect potential victims from abuse, such as ordering a protection order for a victim of domestic violence. The court may also order legal protection orders for stalking, sexual assault, or human trafficking claims.
The court may require an investigation into the health and well-being of a child. It may also investigate claims of abuse on the elderly or other vulnerable populations. These orders may be temporary or permanent (final).
Miscellaneous Domestic Issues Handled in Family Court
The court may make decisions about other family-related legal decisions. This includes:
- Establishment or revocation of guardianship for an adult or child
- Name change rights
- Termination of parental rights
- Minor emancipation from parents
- Underage marriage approval
How Family Court May Be Different Than Other Courts
Family court is a specific area of law that deals with domestic disputes and concerns, which typically means those who live in the same household or who are intricately entwined within the lives of each other. Family court differs from both criminal and civil court, despite handling issues that can overlap with both of those categories.
For example, a family court judge has the right to issue a wage garnishment order on a parent who is behind on child support. While some states have criminalized non-payment, others still consider it a civil matter. In family court, all that matters is what’s best for the child, so a wage garnishment is not a punishment, like restitution for a crime or damages from a civil claim; it is a correction, or a payment of a debt, that benefits the child.
Or perhaps a spouse seeks a restraining order and goes to family court to get it. While it may not seem like it to the opposing spouse, a restraining order is not a punishment; it’s designed to prevent an act of violence or harm. (That said, you may be best served by seeking legal counsel from an attorney who handles both family law and criminal defense, no matter which side of the order you’re on.)
Another difference between family court and other courts is, there’s no jury in a family court. The judge makes decisions.
Anyone who needs help navigating legal matters pertaining to family issues benefits from working with a family law attorney. Your attorney’s job is to aid in providing information about the rights you have and the options for making decisions based on legal precedent.