A balanced and civilized society is an indication of a lawful entity where abiding by the laws is a moral obligation for all and sundry. The societal members owe certain rights and duties towards each other. Though sounds simple, but actually, it is not. The debate of rights Vs duties initiates a never-ending conflict that can cause disparity in society. In an effort to restore the balance, the significance of family laws can never be overlooked.
What is a Family Law?
Family laws pertain to the family issues that require legal help. A family is connected through blood relation or marriage and governs a number of domestic matters that are required to figure out the respective responsibilities of family members. The broad term of Family law covers three areas basically: matrimony, financial settlements and child care.
The most common issues addressed under these three categories may include marriage, divorce, alimony, child custody, child support, visitation, child abuse, domestic abuse, property settlement and many others. Though a family is knitted with an emotional string, any of these sensitive triggers may cause severe complications. Such complexity, therefore, demands a strong legal help to overcome the emotional crisis.
How can a Family Law be helpful?
Family Laws, varying within a country from state to state, opt for a rational approach to help people resolve their personal and emotional disputes. These laws are designed to better facilitate the residents of a family with respect to their rights and duties. The family law provides all such means for the conflicting parties to resolve the dispute even before a full court hearing. The Attorneys or Solicitors, skilled in negotiation and judgment, are required to be hired professionally. These family lawyers
- Guide you about the law with respect to your unique situation.
- Advise you about the likely outcomes of a legal suit.
- Guide you about the documents and information you must present before the court to support your statements.
- Strategize the legal course of action.
.Identify the alternate ways, risks and benefits associated with them to settle the family dispute outside the court.
- Discuss and negotiate on your behalf with the opposing party.
- Draft and formalize the agreements, after taking your consent, as an attempt to facilitate the final judgment in a more efficient way.
Most commonly referred family laws
Merrily celebrated marriages sometimes turn out to be unfortunate failures. The family law suggests creating a prenuptial agreement in order to avoid the awful disputes later. Such an agreement discusses matters related to asset distribution, spousal responsibility, alimony, property matters, etc. in case of a marriage. The jurisdiction demands such agreements to be enforceable, in black and white and signed by both the parties.
In case of an unfortunate end to marriage, the emotional trauma may further complicate the situation, if not handled properly. At the time of divorce, the ex-partners must hire attorneys to legally settle down the family matters. The attorneys can guide the broken family unit about the legal ways to come to a practical solution, sometimes without even facing the trial. The prenuptial agreement, if made, could be helpful. If no such agreement was made, then matters related to alimony, property or asset distribution, child custody are required to be dealt with much care and caution.
The most sensitized decision in case of a divorce is about the child custody. A divorce ends up the relation between spouses but their love for children, however, remain the same. In such a scenario, the negative emotions and anguish may flare up the situation. Though it is advisable for ex-spouses to come to an undisputed decision by themselves, it doesn’t work this way always. Therefore, the family law provides a sensible and practical approach to the matter.
In the US, the Child Support Law deals with the legal custody of children to any or both of the parents in multiple effective ways. Sometimes it is the physical custody given to one parent and legal custody i.e. the right to make decisions for a child given to another parent. Sometimes it is a joint custody awarded to both. Whatever is the decision, the court keeps in view the best interest of the child in every possible way. The parents’ financial condition, emotional bond with the child, age and health of the child and any previous history of domestic or child abuse are all given due consideration in finalizing a child custody case.
The Family Laws are in practice to ensure and enforce the human rights equally to all members of society. Since the societies are formed through the family units, the quality of life among these units is significant to be maintained. An awareness and understanding of the family laws can help people avoid chaotic situations in their daily lives and ensure a better, peaceful living in the society.