How Many Family Law Cases Go to Trial
If parents cannot come to an agreement on an issue such as child visitation, a family law judge will conduct a trial regarding that specific issue and subpoena witnesses as necessary.
Family Court litigants who face custody or protection proceedings do not receive legal assistance unless they can’t afford one (with certain exceptions). This differs from criminal cases, where defendants have access to public defenders as they represent them during trials.
1. Parental Rights and Responsibilities
Parents retain parental responsibility until their children reach the age of 18. This means they have rights and responsibilities in supporting them; making decisions regarding education, health and welfare for their child(ren). Furthermore, it’s imperative they work closely together as well as inform each other about any major changes that might impact on their wellbeing; failing which, court proceedings may ensue or intervention by state authorities may ensue.
If the mother is underage, she automatically gains parental responsibility, while fathers can do so by marrying or being listed on a birth certificate. Under certain conditions, a court can withdraw parental authority; this would only happen if either parent demonstrated they were unsuitable to act as parents, or put the children in danger.
Parents must provide shelter, food, emotional support and guidance for their children beyond providing financial support. Parents are expected to show love and affection toward their child while respecting his or her feelings, opinions and individuality. Parents are expected to teach moral values such as honesty, responsibility and patience while making sure their child attends school and has access to healthcare; in addition to helping develop social skills.
Last, they must ensure their children are safe from physical, sexual, emotional and psychological abuse and neglect. If parents fail to fulfill these responsibilities they could face criminal charges as well as losing custody and visitation rights for their child(ren). When making their determination the courts will look at each child’s best interest – their wishes if old enough to express them; relationships between each parent and child(ren); stability or proposed living arrangements as well as meeting needs in an effective manner.
2. Child Custody and Visitation
Custody and visitation are among the primary issues in most family law disputes, defining legal or physical custody as legal custody while visitation refers to time spent with their child. Parents may file petitions seeking either or both options; once filed, courts will review each petition with consideration given to what’s best for the child and their relationship with each parent; additionally supervised visitation could be ordered if risk exists to ensure safety for the child.
Family courts typically favor parenting arrangements that keep siblings together and that allow the child to remain in their current neighborhood, school and group of friends. Quality of life at home also plays a factor; judges will assess factors like cleanliness and safety as well as access to quality health care in making their decision.
The judge will also evaluate each parent’s parenting history, whether either was abusive or negligent toward their child, their ability to care for the child, any history of family violence in their household and how tied their child is to his or her community (such as through schools or other locations) The court may then grant reasonable visitation rights.
If you are seeking sole or joint physical custody of your children, it is crucial that you present evidence of your financial stability to the court. This could include bank statements, pay stubs and investment account information as evidence that shows you can provide for their needs. Furthermore, offer testimony from neighbors, friends and relatives as to your ability to raise them properly; providing this evidence will help convince a judge why they should grant custody to you.
3. Child Support
Parents — whether married or separated — each have a legal responsibility to financially support their children. At either party’s request, a court can order one parent to pay another monthly support payments (known as “child support”). These payments typically follow an income-based formula which factors in incomes of both parties, health insurance costs and expenses related to raising a child. Courts may also establish paternity, award spousal support or make other unique orders depending on each case.
Family law cases frequently involve complex facts, including allegations of domestic violence or issues that impact the wellbeing of child(ren) or spouses involved. Emotional and financial stakes for both sides can make reaching a mutually acceptable solution more challenging than expected.
Due to family disputes, many individuals seek legal help from family lawyers. Although mediation or settlement strategies may provide a better path forward, some cases do end up in trial; here, an experienced family attorney can effectively represent their client’s interests at trial.
Once a trial is concluded, the judge will issue his or her decision and order. This may take weeks, months, or even longer to arrive; if appeals are filed then a new trial must take place before another judge.
Family lawyers often represent clients in modification proceedings to request that custody and support orders are altered, which typically involves showing that there has been a significant change in circumstances that warrants review of their original order, such as loss of employment, moving location or the birth of another child.
4. Spousal Support
Alimony may be awarded as part of any divorce decree in some circumstances, and can play an essential role. State laws regarding this area of support vary, while judges typically take into consideration several factors when awarding it and its amount – such as marital lifestyle and the individual spouse’s ability to earn an income when making their decision.
Family law attorneys often assist their clients with filing necessary paperwork, attending court hearings and negotiating settlements outside of court. At times however, these same attorneys must also have the skills and restraint to fight aggressively when needed in contested alimony, child custody and property division cases. A knowledgeable San Francisco family law lawyer will do his or her best to find assets hidden by opposing parties as well as provide persuasive testimony at trial to prove how much in alimony each spouse should receive.
Other common family law proceedings beyond divorce include legal separations, domestic violence disputes and adoptions. Furthermore, some family lawyers assist clients in managing issues associated with same-sex relationships. Family law attorneys often specialize in other areas of law as well, such as issuing restraining orders against abusive household members or dating partners. Furthermore, as society evolves further still new aspects of family law may become relevant – it’s up to family lawyers to prepare themselves to address such changes effectively. DNA testing has become more mainstream and is used to establish paternity in custody or child support disputes, or annul their marriage or require special considerations during property division in case of divorce proceedings. Furthermore, same-sex couples seeking an annulment or special considerations during property division could use DNA tests to establish paternity as part of their case strategy.
5. Property Division
Family law cases frequently feature contentious issues related to property rights division. Courts may address this dispute through either a property settlement agreement or divorce decree; in either case, this process is commonly known as equitable distribution and should provide spouses with similar financial security as during their marriage.
How a couple divides their assets during a divorce is determined by state laws. Some states follow equitable distribution standards, wherein courts attempt to distribute marital assets fairly (though this doesn’t always equate to evenly), while other follow community property standards which dictate all assets acquired during marriage as joint property and must be split 50/50.
To divide property equitably, each asset and debt must be valued as of the date of separation. Usually this involves getting statements from both parties showing what value each asset or debt had at that point in time; passive increases or decreases between then and trial can also be taken into consideration.
Real estate can be one of the more contentious assets to divide, particularly for couples who raised children together in one house they called home. This makes real estate one of the more difficult challenges when dealing with high-stakes divorce proceedings.
Family attorneys can assist in understanding how the law applies to your situation and assist with protecting your interests. Anthony LoPresti offers legal guidance regarding New York’s Equitable Distribution Law to protect financial interests during divorce proceedings.