Family law is an area of the law that deals with many difficult family situations. Matters that family lawyers concentrate on include divorce, child custody and support, adoption and other issues relating to the family. Some attorneys specialize in one specific area, such as divorce, while others may focus on other areas.
Most Common Family Law Practice Areas
Overall, family lawyers work with a number of areas related to family matters. The following are the most common practices in family law:
Divorce: When a couple decides that their marriage is no longer salvageable, they can choose to get a divorce. This is one of the most common areas of family law. When they see a family attorney to dissolve the marriage, they are required to file papers with the court to request a divorce. The court considers the contributions of each spouse to the marriage, length of the marriage, their needs post-divorce and whether issues such as abuse or infidelity are relevant.
Child Custody: Due to the highly emotional nature of child custody, it is one of the most difficult areas of family law. It is highly contested and debated among the parents, but generally, the best interests of the child are what the law takes most into consideration when making decisions. Issues like which parent has a stronger bond with the child, which parent is the primary caretaker and whether one or either parent has a criminal record are taken into account when determining custody. If the parents cannot agree about custody, the family attorney delivers evidence as to what would be in the best interests of the child.
Child Support: Another common practice area family attorneys focus on is child support. After the parents have split, the child deserves support from both regardless of who the child lives with. It is assumed that the parent with primary custody is the one who provides direct support. The other parent is required to pay monthly child support, with aspects like both parents’ income, taxes and allowable deductions, child’s health insurance expenses and other needs taken into account. The role of a family attorney is to work with their client to ensure that the child support is fair and accurate and to review calculations to make sure there are no errors such as over- or underpayment of child support.
Abuse and Neglect: Abuse and neglect is another sensitive area of family law. If it is suspected that a child is being abused or neglected, the state may take action. Family law attorneys try to help their clients who are accused of neglect or abuse and ensure that they follow the right procedures as required to regain custody of their kids.
Prenuptial Agreements: Family lawyers also deal with prenuptial agreements, which are contracts drawn up prior to marriage. In a prenup, one future spouse essentially gives up their right to the other’s property in the event that they get a divorce.
Retain an experienced Family Lawyer
Family law is often complex and emotional, but with the right attorney, family law proceedings can be much easier and more stress-free. If you are struggling with a family matter in Texas and need an attorney’s help, contact the Eggleston Law Firm at your earliest convenience. We have the knowledge and experience necessary to create a compelling legal plan of action, getting you a favorable outcome!