The help that family law attorneys provide cannot be overemphasized. They help families reach an agreement by handling their disputes in the most rational and amicable way possible. When it comes to family matters, disputes regarding child custody, child and spousal support, estate and wealth division often lead to conflict and further damage to an already fragmented relationship.
Family law attorneys help couples and families settle matters fairly, and prevent the need to take the issue to court as much as possible. Aside from handling the issues mentioned above, they can also help in drafting Will and Estate documents to protect the children and their financial future.
That said, here are the times you’ll need the assistance of a knowledgeable family lawyer:
Handling Child Support
One of the most difficult issues to handle is child support. In this case, a child support lawyer will be able to draft a contract that states the provisions for child support. The main goal is to come to an agreement to ensure that the children are provided for financially, when their parents separate.
Child support lawyers have the experience and knowledge to help parents settle matters regarding child support, as well as other issues related to child support. It is important to note that child support is payment made by a parent and is paid in a continuous and periodic manner. In the event of the death or absence of the custodial parent, payment for child support should continue and directed to the guardian or the child’s caregiver.
Child support payment rules vary per jurisdiction. There are also technical aspects in the process that is best discussed with the help of a child support lawyer by your side.
Handling Child Custody Agreements
Another difficult topic to discuss is what happens to the children after the parents separate. In the event that a couple decides to go their separate ways, they need to agree on how the children will be taken care of and whether there will be joint custody or otherwise.
There are potential legal differences in child custody law when it comes to visitation and physical custody. There are plenty of rules that apply and both parents must agree and live with the terms stated in their agreement.
Even if your former spouse already has a lawyer to take care of matters for the children, it’s best to have your own lawyer who will make sure that the terms are fair and help you navigate the day-to-day realities of your new situation.
Failing to successfully fulfill the duties and responsibilities of a custodial parent can lead to the loss of custody. If the non-custodial parent is unfit to care for the children, the state will have to step in based on compelling reasons to do so.
Handling Prenuptial Agreements
Aside from handling divorce, child support, and child custody cases, family law attorneys are also the ones who help couples who agree to put a prenuptial agreement in place. This is a very sensitive agreement and not everyone is comfortable initiating and discussing it.
Prenuptial agreements get a bad rap because of the pitfalls it entails and the possibility of fracturing the relationship of the couple before they even get married. History is replete with these cases, or worse the prenuptial agreement being the main reason that triggers a separation in the future. However, one of the main functions of a prenuptial agreement is to ensure that both spouses are left with resources to start all over again, and that the children are supported financially, in the event of a divorce.
Bring up a prenuptial agreement is like treading on the delicate balance in a couple’s relationship. Often, the initiating parties are the parents of the spouse, who would like to ensure that all existing family property — wealth and property that the family owns and have owned before the union of the couple — are excluded from the marriage.
It may be offensive but in many instances, a prenuptial agreement makes sense. It ensures that no spouse is left unsupported or taken advantage of in the event of a divorce and that children will be given support, as well.
Family lawyers handle more than divorce cases but also help parents and couples in handling child support and custody matters, as well as helping couples define the terms of a prenuptial agreement. These are very sensitive matters and are best dealt with by professionals who have knowledge and extensive experience in handling these cases. A family lawyer can help you go sort the nitty-gritty about the matter and find a solution that is fair to you and the other party involved.
