A strong family is the foundation of a person’s strong moral character. Family guarantees safety and ensures security to an individual. It consists of people you can trust, folks who’ve supported you through thick and thin. Family is also the most critical influence on a child’s psychology. A toddler is molded into adulthood by his parents/guardians. That’s why it’s painful to watch your family grow apart or even turn against you. Family lawyers handle these sensitive matters and cover different aspects of domestic legislation. They provide you with both legal and ethical support to seek justice from relations you had faith in before. Here we’ll discuss specific situations in which one might need these attorneys.
What Is A Family Lawyer? How To Hire The Right One
Lawyers practice in different specializations—criminal law, healthcare law, corporate compliance, and taxation law, to name a few. When a lawyer centers on legal relations involving members of a family navigating transitional periods, they’re called a family lawyer.
During legal conflicts within your family unit, it’s crucial to find a legal professional to represent your best interests and help you reach an agreement with another family member, whether it involves adoption, divorce, or child custody. Before tackling what types of lawsuits a family lawyer can handle and get started with your hiring process, here are some key considerations when looking for the right one:
- The lawyer must be allowed to practice on your location of jurisdiction. When legal proceedings take place, you should be able to find a lawyer eligible to practice law in the city or state in which you’re currently living.
- Know the attorney’s style. Some lawyers prefer to take an “aggressive” approach on the court, while some take a milder, collaborative strategy. Although neither method is better, it’s important to know this as you’ll be working with them for a long time.
- Experience and reputation: Last but not least, nothing beats years of family law background and stellar reviews from previous clients—two factors that you should also consider when looking for a family lawyer. You can seek recommendations from friends and colleagues who have experienced family lawsuits.
Common Family Law Cases
Contrary to a popular misconception, divorce isn’t the mainstay of family lawyers. Nevertheless, most family attorneys deal with cases related to family formation and termination. But the scope of family law goes beyond the realm of wedlocks and separations. The acts of tying the knot and eventually breaking up have severe effects on the couple and their relatives. Therefore, you must learn which lawsuits your attorney can handle for you and also essential features he/she must possess:
- Check for lawyer recommendations: Your friends and family might refer you to an expert attorney, good sources of guidance.
- Check for the lawyer’s availability: Consider if he/she is prepared to handle your family matter. It doesn’t get in the way of the attorney’s schedule.
- Check for the lawyer’s qualifications: Employ only a decently-qualified attorney with a high success rate in the past. Search online for legal references.
Marriages, divorces, and different family-related legal disputes aren’t uncommon in Australia. People require an attorney’s services to manage adoption, last wills, life insurance, domestic partnership agreements, and other issues. You can have family lawyers representing you in multiple lawsuits. They need to be legal experts and passionate about solving their client’s problems. Now what sort of cases are tried by a family court? Let’s take a look at some examples here, shall we?
Attorneys help you gain the legal guardianship of a family member. This member can be an underage child or an adult who gets medically challenged and incapable of taking care of himself/herself. Your family lawyer will bring you temporary/permanent guardianship of these relatives. Certain situations compel people to assign the position of caregiver to a reliable relative. These situations come in the form of illness, incarceration, or the death of the primary caregiver.
If you wish to change your name, a family lawyer can help you obtain a fresh identity. You need to file a legal name change application to receive a name change certificate. Australians are only allowed to change their names once in 12 months unless there’s a threat to someone’s life. Similarly, if someone wishes to get recognized with different gender, that is legally possible as well. It’s advisable to benefit from an attorney’s services for these legal procedures.
Some minors wish to leave home before they’ve turned 18. In Australia, 16-year-olds have certain rights, such as they can marry with their parent’s consent. If an underage individual decides to live alone, he/she can hire a family lawyer to divorce his/her family. If there’s a valid reason for such a separation, a child court can emancipate you from parental guardianship. Common reasons for obtaining liberation are being married, financially independent, or a victim of abuse.
Termination of parental rights
Suppose parents are guilty of abuse or neglect toward their offspring. In that case, family lawyers can offer legal help to minors in such cases. The court may terminate their parental rights if it feels that the adults can’t have parental relationships with their children. Termination of one’s parental rights may lead to another individual/s adopting the now “parentless” kids. Similarly, if minors get accused of a crime, family lawyers help them resolve these juvenile affairs.
Couples entering a domestic partnership or a civil union agreement may require the services of a family lawyer. Your attorney will help you finalize legal matters regarding your marriage; he/she can counsel you about the family-owned company. It can also give you suggestions about your assets. You can have the lawyer draw up a prenuptial agreement if one partner dies or files for divorce. You and your partner can rely on family lawyers to handle these complexities for you.
Data from 2018 shows that an average marriage lasts for over 12 years in Australia. Less than 50,000 divorces got granted that year. Statistics have also revealed a strong tendency among Australian men and women to separate in their 40s. There’s not any quick or instant divorce in Australia. Couples need to have been separated for a year before they can apply for a divorce. Here family lawyers can help you deal with marriage dissolution and circumstances succeeding such an event. It will help if you resolve matters with your partner regarding debts and assets. Then they need to discuss child custody and support among them.
Failure to decide who should keep the child concludes with the court’s intervention in this matter. Several factors determine the future of the child, including each parent’s income and mental well-being. A skilled mother custody lawyer in houston attorney can advocate diplomatically resolving this conflict. He/she finds a solution agreeable to the two contending parties. That’s why hiring a family lawyer in this issue is of utmost necessity in the minor’s best interests. Family lawyers also help you out proving/falsifying a child’s paternity. This service is required when, for instance, a man doubts that the boy he’s paying child support for isn’t his biological offspring. Here the lawyer might assist in checking such a claim.
Protection against abuse
Around one-third of Australian women have been victims of domestic violence once since they turned 15. As for men, 5% of them have experienced abuse from a current/former partner. Family lawyers come in quite handy when you need to have a restraining order issued against an aggressor. If that aggressor attempts to approach you, he/she can get arrested for your protection. Attorneys even handle matters when a person gets falsely accused of being an abuser. These advocates also take cases regarding child abuse and sexual exploitation of a person by his/her blood relative/s. To legally escape an abusive relationship, trust your family law advisor.
Maslow’s Pyramid places “love and belonging” as the third level in its intricate “Hierarchy of Needs.” Quoting a Spanish phrase, la familia es todo. Family provides you a sense of belonging. When this trust gets broken, you need professionals to help you resolve family issues. Therefore, you need to consider certain essential factors before selecting your lawyer. An experienced attorney has in-depth knowledge of how families function. He/she’s capable of preparing a strong case in the client’s favor and offers a broad range of legal services. By hiring the right person, you can navigate your domestic issues with elegance and diplomacy. Employ someone synonymous with an expert lawyer in your region.