Family courts specialize in sensitive legal issues affecting families. It’s essential that people understand why they must go before family courts and how this court differs from others.
Family court allows only judges, the parties and their legal representatives to attend; as a result, it’s crucial that you find an experienced lawyer to represent your interests before the judge.
Legal Issues
Family disputes regarding legal issues like child access or financial arrangements often end up going to court, but when faced with emotional challenges that require complex legal solutions they often turn to an experienced lawyer for assistance.
Private family cases often involve custody disputes, support payments or even seeking protection orders against violent partners. While individuals can represent themselves in these matters, it’s generally wiser to hire an attorney for additional legal support.
Public family cases involve local authorities intervening to protect children or families, often alleging abuse (which disproportionately affects Black and Latino parents) or neglect. Such cases often lead to children being taken away from their families’ care and placed into foster homes or adoption; judges and magistrates involved differ from private ones in handling public cases, which also often start off with fact-finding hearings followed by mediation to reach an amicable resolution before going to trial.
Child Custody
Decisions made by family courts regarding child custody, visitation and access are essential to the wellbeing of your children.
Your judge will consider your ability to meet their physical and emotional needs for their wellbeing; including food, shelter, clothing, education and medical attention. In addition, proof must be provided regarding financial stability with an action plan for sustained financial growth.
Your Brooklyn family attorney can also help you make a compelling case for why you deserve sole or joint legal custody of your children. They will review your criminal record to ensure there is no history of domestic violence and conduct child protective clearance checks on all adults residing at your home. Child support payments are an integral component of custody cases and you should demonstrate that you can fulfill them; judges look for evidence of consistent communication and an effort towards building healthy parent-child relationships.
Divorce
When parents cannot agree on custody and visitation arrangements for their children, the court steps in to make decisions in accordance with what’s best for each individual child’s best interest. This may involve joint custody being established or creating a parenting plan as well as providing other resources or services.
Family courts also oversee cases involving financial issues, such as spousal support. A judge reviews each marriage’s circumstances to decide whether spousal support should be awarded or not.
Family courts also have jurisdiction in cases involving domestic violence. When this happens, judges can issue orders of protection to keep victims safe – usually prohibiting abusers from coming near or contacting their victims again – while also providing resources and aiding with starting over their lives. Previously these cases would have been handled either criminal or civil court; now though, separate family courts allow for more focused consideration in such matters.
Enforcement of Court Orders
Once a Family Court makes its ruling, all involved individuals are legally obliged to follow its order. But situations may change and this might necessitate making adjustments to it, for example if one party can no longer afford child support payments or temporary orders have ended.
In such instances, it may be necessary to petition the Family Court for a change to an order. An experienced attorney can draft petitions that will present to a Judge for approval as well as ensure all deadlines are met to avoid delays in your case moving forward.
Family court proceedings typically allow only people directly involved with a case to attend; that could include you, your legal representative, the other side and their representative if applicable, any children that may be part of it and any children related to it. Nonetheless, many courts permit parents or family members to bring along someone who can supervise your children at proceedings if needed.