To those unsure of what family law is, what it covers, what it
provides and what it necessarily includes by definition, it is that
branch or specialty of law that deals with family related issues and
domestic controversies like marriage, divorce, domestic partnership,
property arrangements, civil unions, adoption, child care, support and
custody, marital rights and prerogatives and all other incidental issue
that may originate from the family as a whole.
The practice of
family law is conducted inside family courts established by state and
federal laws. In family law, a lawyer becomes more than just a
professional that provides legal assistance, he assumes the position of a
marital or family counselor who identifies the issues that needs
discussion and resolution and advises what immediate recourse is needed
to lessen the impact of the controversies to the family as a whole.
A
family lawyer is tasked to assess the legal extent of every right,
eliminate overlaps in the functions of family members and advice against
unnecessary litigation where reconciliation is possible.
Family
law generally covers issues on divorce litigation, from property
arrangements to getting to the very root of who caused the marriage to
split apart. It greatly covers child care and support; in full length it
protects the rights of the child and their adoption, also, legitimation
or paternity determination.
Among spousal conflicts, it defines
the support needed to be sustained, the rights to be observed, the
obligations to be fulfilled and the courtesy to be extended.
As to
property issues that may arise from other marital or family conflict,
it covers extensively the division of assets and liabilities, the
protection and delivery of legitimate to successors or rightful legatees
and devises.
It is also the avenue to bring cases for neglect and
abuse both for maternal or paternal authority, where the possibility of
termination of parental rights may be adjudged against the neglectful or
abusive parent or spouse.
All other issues that are not clearly
identified to be under family law, but directly affect or is affected by
family relations may be litigated.
What is family law really
concerned about? In Family law can you see that the right of every
member of the family are identified.
The marital obligations
between husband and wives, the responsibilities that comes with domestic
partnerships and other civil unions are embodied in principles of the
law.
The rights protected between spouses and partners do not
distinguish between gender, status, race or denomination. The rights of
the children legitimate and illegitimate as well s the extent of the
adopted rights are covered under this category of law.
Rights
between and among family members either by descendant to ascendant or
vice versa, between collateral bloodlines are fully discussed and given
priority and attention in this field of law.
Family law is a
special field in the practice of law that requires knowledge and
expertise in law and psychological tendency to build a profile for each
family member without compromising the need of one after the other
unless between opposing parties.