Family law is a wide-ranging legal field. It includes everything from divorce cases to paternity matters. It also covers things like restraining orders against domestic violence.
Law students considering a career in family law can get early exposure through internships and externships. In addition, some law schools offer family law clinics that give students hands-on experience with real-world cases.
Divorce
Divorce is a big part of family law, as it can have wide-ranging effects on a family’s emotional and financial stability. This area of law deals with issues such as property division, whether on a fault or no-fault basis, and grounds for divorce, such as irreconcilable differences, mental cruelty, domestic violence, or desertion. Divorce also often involves child custody and child support disputes.
Family law can also deal with restraining orders and protective orders, such as those issued against abusive family members. The goal is to provide safety for the entire family, especially children, during tumultuous times.
In addition to litigation, family lawyers can use alternative dispute resolution methods such as mediation and collaborative law. These methods help reduce conflict and are more amicable than traditional court proceedings. A good family lawyer will communicate clearly with their clients and listen to their concerns, explaining legal developments and potential outcomes as they arise.
Many schools with a family law program have websites that can give you a taste of what the career path will be like, as well as links to professional organizations and alumni who work in this field. In addition, your state’s bar association likely has a section on family law, which may have helpful information for those interested in becoming family lawyers. You can also seek out law blogs and magazines that cover family-related topics.
Child custody
During custody cases, courts strive to make decisions in the best interests of children. They will look at many factors, including the parents’ relationship with their child, the child’s bond with each parent and with siblings, as well as each parent’s mental and physical health. The court will also consider which parent can provide the most stable home environment and a safe, healthy living situation. They will also consider each parent’s work schedule, childcare arrangements, and the ability to meet the child’s financial needs.
Typically, New York courts will favor joint legal custody arrangements where both co-parents have the right to participate in major decision-making processes such as medical care, education, and religious upbringing. However, they may award one parent sole legal custody if they believe it is in the best interest of the child.
A family court will assess each parent’s ability to interact with their child positively and foster a strong parental role. It will also examine each parent’s ability to cooperate with their co-parent, which is essential in the creation of a parenting plan. The court will interview each parent to determine their level of commitment to co-parenting and may ask for records demonstrating a history of positive communication and a willingness to work collaboratively with the other parent.
The court will also assess each parent’s financial stability and their ability to meet the child’s financial, nutritional, and emotional needs. It will also consider the parent’s current housing situation and whether a suitable residence exists near the child’s school, friends, relatives, and other support systems.
Child support
Child support is a right of all parents, and it is intended to help them care for their children. However, the specifics of how it works and what it covers vary from state to state. Most states have established guidelines for calculating the amount of child support that should be paid. These guidelines are based on the parents’ combined incomes and may include “add-ons” such as childcare expenses. In addition, child support often includes health insurance coverage for the children. Federal law (Federal Code section 416(d)(3)) requires that a parent pay his or her proportional share of the cost of health insurance premiums for the children if those premiums are “available and reasonable in cost.”
The court determines what the basic child support obligation is. A judge will also establish mandatory add-on expenses that are not included in the basic child support calculation. These can include unreimbursed medical expenses, daycare expenses for a working parent, and the cost of private school tuition or college costs. Generally, a parent is liable for child support until the children reach the age of 21 or emancipate. However, some life events such as divorce settlements or stipulations in a separation agreement may terminate a child support obligation before that time.
Failure to pay child support is a serious matter and the courts take enforcement seriously. They can sanction a non-paying parent by withholding their driver’s license, restricting their passport, garnishing their wages, and more. If a parent is found to be willfully delinquent, they may even be jailed.
Restraining orders
A domestic violence restraining order (also known as a PFA or Personal Family Abuse or Intimate Partner Abuse) is an important tool that prevents abusers from contacting, stalking, harassing, or abusing victims and/or children. It can also prohibit a person from entering certain locations, such as the victim’s home or workplace, and/or ordering the return of personal property. If a restraining order is violated, the victim may be able to ask the police court, or both, to take action.
A restraining order may be issued by a judge in connection with a criminal case (often referred to as an order of protection or a “Domestic Violence” restraining order) or by a judge in Family Court on a petition for a family offense violation. As a New York family lawyer, I can help you file an appropriate petition in either court.
A temporary order of protection is often granted the same day that a petition for such an order is filed and will last until a full hearing, which allows both parties to present evidence regarding the allegations contained in the petition. Once a final order of protection is issued, it will generally remain in effect for as long as the underlying criminal or Family Court case continues. A violator may be subject to a fine or even jail time for disobeying an order of protection.