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Wednesday, May 29, 2013

What is Family Law?

The realm concerning family law changes and evolves constantly and there is no particular section of law that can be more emotional than such. In a lot of States, there are a lot of changes of such which makes it a confusing thing to comprehend. Especially that whenever the topic is family, other aspects and a lot of people may get involved. Facing this matter is never easy to do given that it involves a lot of legalities, wherein everything has to be done considering the law concerning it. It is always a good idea to rely on the services that an attorney can offer when it comes to handling the details which are involved in child custody or alimony, and child support. And of course, this would help both parties that are involved to have an understanding of these different laws  pertaining to an individual case.

Family Law
Child Custody. All laws that concerns the custody of a minor child between the parents is intended to be tackled in accordance with the best interest of the child involved. In some states, the father is given an equal amount of consideration as that with the mother and the custody is shared, if this serves as the best interest of the child. Talking about shared custody, it does not necessarily mean that parents would have the child in their place at any duration of time. It also does not mean that their place of residence will be the primary place of the child. In most cases, unless when it is proven to be otherwise, the mom retains the primary custody while the father will get shared custody responsibilities and rights, as well as when it comes to the schedule of the child visitation.

Given the recent changes in such law, various terms have been done away with such as visitation, primary, as well as the secondary residence, and custodial and noncustodial parent. One more thing that has been gone is the old assumption with the ages of the years doctrine, where the mothers get the custody at what has been perceived to be an unfair rate to the fathers, and now they have been acknowledged for the active roles they play in the lives of their children. It means that the care giving potential is now viewed equally and seriously for both parents. Both of them might be needed that they file a parenting plan with the family court which includes time sharing roles that they both have to play.

Alimony. Those that concerns alimony is one of the most contentious realm of family law. During the divorce, the judge would grant alimony that has to be paid by the former spouse given a number of reasons, and such decision can still be affected by the grounds for divorce. In the different states, the judge looks at standard of living, financial resources, as well as the contribution of each one of them in the duration of marriage. Such contribution may consist of the income, education, child care, and where each of them have contributed. Aside from these things, child support is another important factor that is given so much attention when talking about family law. But with the help of a trusted lawyer, these things can be understood and survived easily.

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