The Main Topics Of Family Law Practice
Family law is a legal area of practising law that deals with reconciling families. Because of having relationships involved especially children support, contested custody and adoption, family law is a very emotional area of legal practice. Family ties are very private and sensitive and so they are not always free of conflicts. Attorneys are forced to be involved with the very private area of people’s lives so that they can help them bring harmony in their relationships. Family law deals with a number of disputes and claims. However, for each party involved can always negotiate for a settlement. If they fail to reach an agreement, a petition is always filed in court for matters to be settled legally. There are basic requirements for lawyers in this field. They need to have good communication skills, time and people management skills since they will work with different kind of people and they need to be ready to accommodate all of them. Good academic records, clear and sharp thought process, high proficiency in written and oral communication skills. Attorneys in this field need to know how to empathize with their clients and also have a specific way to approach each client’s issue. This essay will discuss the diverse topics that family law practice is involved in. Child support as a practice of legal law ensures that children are entitled to support from both of their parents in case parents are living under a separate roof. Under child support, children are given a right to medical insurance, school and other child care needs. Parents are also required to spend equal amounts of time with children.
Child custody has the most debate since a lot of parents don’t agree. Should they agree on who to keep the children, then the court honours that agreement. If they fail to come to a consensus the family attorney will have to research and present evidence in court on who keeps the children. Researched areas include criminal records, medical records, and substance abuse records. Information on who has a permanent home and strong bond with the persons in question. Child custody includes physical and legal custody. Legal custody decides who makes major decisions about a child while physical custody is who physically has the child at all times. The legal process to go through while ending a marriage is called divorce. Terminating a marriage means that people separate but not fail to take responsibility for their children’s need. One can apply for divorce if there are treatments that involve physical or mental harm and it’s impossible for them to continue living together. Other causes like infidelity, unsound mind or desertion, etc. may cause one to opt for divorce. Although mediation is encouraged, some issues are resolved before going to court. After a couple has gone through a divorce they still have to settle thing like property division. Everything they acquired together during the period of being together is shared equally. It doesn’t matter whose name appears on the title deed. In some cases where there were debts, they are shared equally too.
Alimony also known as spousal support is given to a spouse by the other after a divorce. A spouse may present it in court but the court will judge according to the other person’s ability to give that support. The support is paid either for many years or for few months depending on the situation at hand. Family lawyers are very important because they help you preserve your time. A lot of time is required to prepare for a case. This may cost you days off at work which means a pay cut. To avoid this, you need to pay a lawyer to handle your file. Some people fail to understand their rights. This is because the law language isn’t easy for everybody. Consultations need to be done while family conflicts are being solved. Moreover, arguing a case in court requires one to have the right documentation. Failure to this your case may lack proper evidence. This may cause someone to lose what would have been paid to them by their ex-spouse. Lawyers are experienced in cases documentation since they know what the judges want when it comes to court materials. The rules and statutes of family law are difficult to understand hence the need to consult expertise. A Lawyer has a clear, focused and sharp thought process and are able to help you grasp the concepts in the statutes. Family law, therefore, helps people understand their rights when it comes to any disagreements in the family relationships. An experienced attorney is able to guide you through the process, defend you so that you achieve what necessary during the process.
References
- www. cleo. on. ca introduction to law in Canada, Yukon Department of Justice, Rachier & Amollo advocates, Scot Morgan, Ian F. G Baxter family law, Andrew Feldstein, Family Law Group.
