How Many Family Law Cases Go to Court
Family court cases typically begin when someone or an agency (like ACS ) files a petition in relation to custody, visitation, paternity or support matters. After providing all pertinent evidence at a fact-finding hearing in relation to such matters, a judge will then make a ruling about what relief may be awarded by way of order of court orders or sanctions.
If the parties can’t come to an agreement themselves, a trial will take place. There are two kinds of trials – informal and formal.
Divorce
Divorce cases typically settle through negotiation or mediation. Unfortunately, however, some couples find they can’t reach an agreement between themselves and go to trial instead. Going through with trial means relinquishing authority for decision making to the judge which can be costly and time consuming depending on its complexity – often taking over a year to reach a final resolution.
As part of the divorce process, spouses must provide financial disclosures to each other and the court. When spouses can agree on how to divide assets quickly, this can help move along their case much more rapidly; however, sometimes disagreements arise regarding certain assets’ values or how best to divide debts among themselves; furthermore it can be hard for couples with significantly different income levels to agree upon an acceptable settlement amount.
Custody and visitation issues can also create tension among parents. A court (or, in certain states, a jury) may need to be involved to decide such things as which parent has final say over religion, education, medical treatment and extracurricular activities for their child(ren). Both parties usually want what’s best for their children in mind but differences of opinion can make matters even more contentious.
Trial proceedings involve both spouses presenting evidence and witnesses to support their position on each issue, with a judge ruling on any outstanding issues and issuing their final ruling. If an agreement can’t be reached between both spouses, either can appeal the judge’s ruling.
Solomos & Storms, PLLC has the knowledge and skills required to represent clients successfully at trial. If you would like more information on how you can prepare for a family law case in court, contact our office – we can explain all relevant local rules and procedures, as well as alternative dispute resolution such as mediation or arbitration.
Child custody
Child custody can be one of the most emotional parts of a divorce and, consequently, most custody cases settle out-of-court – from initial determinations of custody and visitation rights (visitation orders) to enforcement or modification orders already issued. For an effective custody arrangement that works best for both you and your family it’s essential to seek advice from an experienced matrimonial attorney who can explain your rights while increasing the chances of reaching a favorable result.
Judges typically base child custody decisions on what is in the “best interests” of the child. There may be several factors which impact this decision, including each parent’s ability to provide a stable and loving environment – this includes meeting physical and emotional needs that could be determined through psychological assessments.
Another factor that may influence a custody decision is a child’s preference, provided they are of age and understand their circumstances. Furthermore, courts will consider each parent’s financial situation, since they need to support their children financially. Finally, any history of domestic violence or other criminal acts on one or both parents might impede their ability to provide safe environments for their children.
Important to keep in mind is the fact that any judge can change an existing custody or visitation order at any time, should they feel there has been a substantial change in circumstances, whether this means meeting a child’s wishes or because one parent violated an earlier court order. Therefore, it is imperative to always inform your legal counsel of any new information which might impact your case; such as sudden changes in child abuse/neglect allegations, drug/alcohol dependency issues in either parent, or sudden appearance of abusive behaviors towards child. In such situations swift legal response usually required in order to protect their safety.
Paternity
Paternity refers to the legal father of a child. As such, this individual can exercise visitation rights and parenting time with his/her child while being responsible for paying child support payments. Furthermore, their children can inherit from him/her as well as get medical coverage through his plan as well as share in any wrongful death claims against the mother or another party involved in their lives.
Married parents generally assume their husband is the biological father of any children born during their marriage; as such, he does not need to file a paternity action in order to establish his parentage of these children. Unmarried parents must file such actions in order to name who the father of their child may be.
Family courts may require men to undergo genetic (DNA) testing as proof of paternity. This test will reveal whether or not it’s likely they’re fathering the child in question and the court will then make its determination regarding filiation based on this evidence.
Men can challenge the results of DNA tests within a certain timeframe or risk forfeiting their right to do so. When making its decision, courts will consider all facts associated with each case as well as testimony from both sides in making its judgment.
Sometimes the state will file a paternity case in order to reimburse mothers for child care and welfare costs, and will serve the alleged father with forms asking him for support payment and DNA testing. A man agreeing to either of these options can avoid trial by signing an acknowledgment of paternity affidavit instead.
Once paternity has been determined, either the mother or alleged father can file petitions for custody, visitation and/or child support. While these petitions can be filed while the paternity case is ongoing, any orders cannot be granted until after parental rights have been determined by court order. Those considering such petitions should seek advice from a family law lawyer regarding rights and responsibilities they possess as well as potential legal procedures and consequences associated with filing them.
Guardianship
Family law courts handle not only divorce, separation and paternity cases but also other areas such as guardianship. Guardianship may become necessary when an individual no longer can make sound decisions due to illness, injury or age, making a guardian essential in making important life choices such as protecting them from danger, managing finances responsibly and making other key decisions on their behalf.
An individual seeking guardianship should consult with an attorney in order to understand their specific circumstances and legal options available to them. This is particularly relevant when the petition for guardianship is met with resistance from an alleged incapacitated person, or there are complex personal or financial considerations involved. Many states offer family court attorneys who specialize in handling these types of matters as well as local offices of guardian ad litem or legal assistance agencies that might provide additional help.
Initial steps towards guardianship involve filing a petition with the court and attending an initial hearing wherein evidence such as reports from court investigators have interviewed both individuals being considered for guardianship, the proposed guardian, and family members are presented to a judge who then decides on either granting, appointing or dismissing the case.
After being appointed a guardian by the court, they will conduct regular reviews to report back. Furthermore, they should keep their ward informed of all proceedings related to their care as well as provide access to documents associated with that care. Occasionally multiple people can act simultaneously as guardians for one person – this can be beneficial when multiple family members can provide emotional support or specific services, or when their ward has formed attachments to various adults.
Guardians must inform their wards of all their rights and freedoms, including voting. Furthermore, they are required to obtain court review of any decisions involving medical procedures that violate fundamental rights or violate privacy rights.