How Many Family Law Cases Go to Trial
Family law cases present unique challenges to judges who must assess numerous facts and circumstances involving both parties involved. This makes these types of proceedings so dynamic.
Family court judges tend to be more approachable and user-friendly than Supreme Court Judges, offering litigants the option of having an appointed attorney at their initial court appearance.
Child custody and visitation
Parents arguing over child custody and visitation often resort to litigation; emotions can run high in these instances. Yet experienced divorce attorneys recognize that facts rather than “he said/she said” arguments determine the final result.
Judges determine custody and visitation arrangements based on what’s best for the children, which takes into account various factors, including each parent’s parenting skills, wishes expressed by children over 13 and employment, family ties and criminal background of both. Some states also permit judges to order a forensic custody evaluation as part of this decision-making process.
Typically, a judge will award one parent primary physical custody and award fixed visitation rights to the other parent. If there are valid concerns about either parent’s ability to care for a child, the judge may order supervised visits via an agency or trusted third-party, which often last for a set period. Once these visits conclude, unsupervised visitation can resume. Under special circumstances such as neglect, abandonment, abuse, unfitness and disruption over an extended period, grandparents, siblings, aunts/uncles or stepparents may seek custody rights through court action – such as neglect, abandonment by either parent of neglect, abandonment by one parent over an extended period.
Child support
Most states establish child support regulations in order to ensure that parents contribute financially toward meeting children’s basic needs, including food, shelter, healthcare and education. Courts typically set child support payments either on an individual case-by-case basis or using an estimate formula which estimates what amount each parent owes in support.
Though most courts do not require parents receiving child support payments to show that these funds are going towards specific expenses, some families may need the court’s intervention to enforce regular payments from a noncustodial parent who fails to make them on time – issuing a contempt of court warrant in such instances may be necessary.
Parents can petition a court for a review of its original child support ruling when there has been a significant change in circumstances, such as changes to either parent’s income or in their needs for support for their child. A judge will typically consider such requests if there is evidence supporting them.
Parental rights
Parents possess a fundamental right to direct the upbringing and education of their children, which should not be compromised except under compelling government interests and after careful legal analysis has taken place.
Women and married men automatically acquire parental rights and responsibilities upon the birth of their children, but unmarried fathers must establish paternity to secure custody or visitation time with their offspring. In certain instances a parent may seek termination of parental rights.
In these instances, the judge holds a fact-finding hearing to assess if there is sufficient evidence against one parent to terminate his or her rights. Prior to the hearing, lawyers would prepare and file a trial brief detailing your position along with any applicable statutes, rules or case law that support their argument. A judge will use this document as evidence during their fact-finding hearing – it’s an integral component in family law matters.
Paternity
Parentage of a child is often at the core of family law disputes. Establishing paternity means legally naming and conferring legal rights and responsibilities on one parent while disestablishing it means legally taking their name off of birth certificates and restricting their relationship. FindLaw’s Family Law Self Center provides various methods for establishing or challenging paternity as well as links to relevant forms and court filings.
An individual may voluntarily seek to establish paternity by signing an Acknowledging of Paternity form at the hospital where their baby was born, while states often file paternity suits in connection with providing public benefits like cash (Temporary Assistance for Needy Families – TANF) or health insurance coverage (Medicaid). A blood or DNA test typically shows whether an individual is the biological father. If admitted by them self, court orders filiation if an order of filiation exists otherwise testimony and evidence are submitted during hearing.