Types of Legal Advice Family Lawyers Provide in the US

Family lawyers play a crucial role in addressing legal issues related to family relationships. These attorneys provide a wide range of services, including legal advice and representation in areas such as divorce, child custody, spousal support, adoption and more. Whether resolving disputes amicably or advocating for clients in court, family law attorneys are essential for navigating complex family law matters. In this article we explore the types of legal advice that family lawyers provide and delve deeper into the different sub-topics they cover.

1. Divorce and separation

Divorce is one of the most common areas of family law. Family attorneys assist individuals through the legal process of dissolving a marriage, resolving issues related to property division, alimony, and child-related matters.

Property division: Family attorneys help divide marital assets and debts fairly. States can be “community property states,” where assets are divided 50/50, or “equitable distribution states,” where assets are divided based on what is fair.

• Alimony (partner support): Lawyers provide advice on alimony, including how much should be paid and for how long, taking into account factors such as the length of the marriage, income inequality and the needs of the receiving spouse.
• Legal separation: In cases where couples do not want to divorce but want to live separately, family attorneys can guide clients through legal separation, ensuring that property and financial issues are addressed.

2. Child custody and visitation

Family law attorneys help parents resolve disputes regarding child custody and visitation arrangements, always putting the child’s interests first. Guardianship can be physical (where the child lives) or legal (who makes decisions for the child).

Physical and legal custody: Attorneys help negotiate joint or sole custody arrangements and represent clients in court if disputes arise. They also provide advice on legal guardianship, which involves decision-making over the child’s education, healthcare and religion.

• Parenting plans: Family attorneys create parenting plans that detail custody schedules, vacations, and how parents will handle child-related decisions.
• Changes to custody orders: If circumstances change (e.g., relocation, changes in income, or a parent’s behavior), family law attorneys can help modify existing custody agreements.

3. Child benefit

Child support is a financial obligation paid by one parent to the other to contribute to the child’s upbringing. Family attorneys help establish, modify, and enforce child support payments.

Subtopics:

• Calculate child benefit: Each state has guidelines for determining child support based on the parents’ income, number of children and child custody arrangements. Family attorneys help ensure that child support calculations are fair and accurate.
• Change child benefit: Family law attorneys can help adjust child support if there are changes in either parent’s financial situation or the child’s needs.
• Child support enforcement: If a parent fails to pay child support as ordered, family attorneys help the custodial parent take legal action to enforce the payments, which can lead to wage garnishment or asset seizures.

4. Adoption

Family attorneys guide families through the often complex adoption process and ensure compliance with state and federal laws. Adoption can be a joyful event, but requires careful legal guidance to avoid complications.

• Domestic adoption: Family attorneys assist with the legal steps involved in adopting a child in the US, either through an agency or through a private adoption. They handle everything from the termination of parental rights to the court hearings that finalize the adoption.
• International adoption: Family attorneys who specialize in international adoption help navigate the legal requirements of both the U.S. and the child’s country of birth. They ensure that the adoption meets the legal standards set by the Hague Convention on Intercountry Adoption.
• Stepparent adoption: Stepparents who wish to adopt their spouse’s child must go through a legal process to terminate the rights of the other biological parent. Family law attorneys help make this process as smooth as possible.

5. Fatherhood and father’s rights

Establishing paternity is important for the legal recognition of the father-child relationship. Family attorneys work with both mothers and fathers in paternity cases, especially when it comes to child support, custody and visitation rights.

• Establishment of paternity: In cases where paternity is disputed or unclear, family attorneys help clients through the legal process of establishing paternity, which may include DNA testing.
• Father’s rights: Family attorneys advocate for fathers seeking equal custody and visitation rights, as well as for fathers contesting paternity claims or child support obligations.
• Paternity fraud: In cases where paternity has been wrongly attributed, family attorneys assist fathers in legally challenging paternity and correcting legal records.

6. Domestic violence and restraining orders

Family attorneys provide critical assistance to victims of domestic violence, helping them obtain protection through restraining orders and other legal remedies.

• Protection orders (restraining orders): Family attorneys help victims of domestic violence file protective orders, which legally prevent the abuser from contacting or approaching them.
• Child protection in cases of domestic violence: In cases where domestic violence affects children, family attorneys can help modify custody and visitation arrangements to ensure the child’s safety.
• Legal advice for the suspect: Family attorneys also represent individuals accused of domestic violence, defending them against charges and helping them understand their legal rights.

7. Prenuptial and postnuptial agreements

Family law attorneys draft prenuptial (before marriage) and postnuptial (after marriage) agreements to clarify the division of assets and financial obligations in the event of divorce.

• Drafting and assessing agreements: Family attorneys help draft agreements that protect both parties’ assets and ensure that the terms are fair and legally enforceable.
• Enforcement of prenuptial agreements: In the event of a divorce, family lawyers help ensure that prenuptial agreements are upheld in court, provided they meet legal standards and were entered into voluntarily by both parties.
• Challenging agreements: Family attorneys can also help clients challenge prenuptial agreements if they believe the terms are unfair or were signed under duress.

8. Guardianship and Conservatorship

Family attorneys help establish legal guardianship for minors or conservatorship for incapacitated adults, ensuring that their financial and personal well-being is managed responsibly.

• Guardianship for minors: In situations where a child’s parents cannot care for them, family lawyers help family members or other responsible adults become legal guardians.
• Conservatorship for adults: Family law attorneys help establish conservatorships for adults who are unable to manage their own affairs due to mental or physical disabilities, so that their finances and personal care are properly managed.
• Custody Disputes: Family lawyers also handle disputes over who should be appointed guardian or conservator, advocating for the interests of the minor or incapacitated person.

Conclusion

Family lawyers provide a wide range of legal advice and services to meet the diverse needs of families. Whether handling a divorce, assisting with child custody disputes, or guiding families through the adoption process, their expertise is essential in navigating the complexities of family law. Understanding the different types of legal advice that family lawyers provide can help individuals make informed decisions and protect their rights during difficult times.