When you have familial issues, you will understand the need for a family court. Some mistakenly assume they can resolve all their marital problems without involving the court. However, they realize the need to involve the authorities when they are deeply entangled in a crisis.
“A family court is a carefully made legal provision to resolve marriage-related problems. The court acts according to the dictates of the law, ensuring that justice prevails. Thus, if you believe your estranged partner wants to exploit you, you can run to the family court for protection,” says family law attorney Shawna Woods from the Atlanta Divorce Law Group.
This piece highlights what a family court entails and how it operates:
Understanding Family Court
A family court is a special court mandated to address crises and relationship-based challenges within families. The court primarily deals with legal matters affecting families, including legal separation, divorce, child custody, alimony, and support issues.
When you want to resolve any issue within your family, and it seems you and your partner are not on the same page, you need to approach the family court. You may infringe on your rights when you fail to act proactively.
Services Available at Family Court
Knowing the family courts’ services will help you understand the specific issues for which to approach them. These services are tailored to alleviate mental and emotional stress during challenging times.
These services include:
Self-Help Centers
Family courts have self-help centers that offer resources to those representing themselves in court. If you don’t have legal counsel (which is not advisable), you can have access to a family court’s self-help center to prepare for your case.
You can access educational materials through the centers that will prepare you for court procedures and legal forms. However, you cannot get legal advice from these centers.
Domestic Violence Protection Orders
Domestic violence is a serious issue across the United States. Thus, family court offices across the country help to file applications for protective orders to safeguard domestic violence victims. If you are suffering from domestic violence, do not wait till things get out of hand before acting.
Mediation Services
Parents and their kids can resolve custody and visitation issues through mediation. A mediator is a neutral individual who helps the parties arrive at a common ground in a crisis. When you consult with a mediator, you can create a confidential agreement on any family-related issue.
Court Interpreter
If you are a non-English speaker, you can ask the court for an interpreter when attending to your case. The essence of an interpreter is to break down the language barrier and help the case proceed seamlessly.
Clerical Services
If you need information concerning daily court calendars, records, and schedules, you need to speak with a family court clerk. They will help you with the necessary information to proceed with your case.
Eight Types of Claims Processed in Family Courts
The family court is often a beehive of activities as they handle various claims. The eight basic claims the court attends to include:
Marriages and Civil Unions
If your marriage is to be legally valid, you and your spouse must apply for a marriage license in a family court. Before the court can grant you this license, you and your partner must participate in a civil or religious wedding ceremony.
Divorce or Dissolution of Marriage
A family court may need to step in if you cannot end your marriage amicably with your partner. The court will focus on resolving the points of controversy, such as child custody, child support, finances, and property division. These proceedings can take several months or years to resolve, depending on thecouple’s’ willingness.
Alternatively, you can use the court-provided mediator to resolve your differences without any proceedings. The mediator is a neutral third party without any stake in your marriage. So, they help both parties negotiate fairly to find a point of compromise.
However, if you want to go to arbitration, the arbitrator will listen to your and your partner’s submissions and make a binding decision.
Same-Sex Marriage
The United States authorities have recently recognized same-sex marriage. The federal government recognized it in 2015 after the historic Supreme Court judgment in Obergefell v. Hodges.
After the federal recognition of same-sex marriage, every jurisdiction within the country must also recognize and allow same-sex unions. The landmark court decision helps those in same-sex unions to enjoy equal privileges and rights with their counterparts in heterosexual relationships. These rights include parental rights, tax benefits, access to healthcare, and inheritance rights.
After the federal recognition, the process of getting married in a same-sex union is now identical to that of heterosexual lovers. Same-sex lovers must first apply for a marriage license in their jurisdiction’s clerk’s or registrar’s office. For this process to be seamless, you need to present a means of identification, pay the required fee, and attend a brief waiting period
After receiving the license, you can opt for a civil or religious wedding ceremony. After the ceremony, the officiant (either religious or civil) will sign and return the marriage license to the clerk or registrar’s office. The authorities will then record the marriage to make it a public record.
Then, you can get your marriage certificate. The certificate is legal proof that your union is legal and valid.
Interests and welfare. Thus, the investigations are always thorough and encompassing.
Spousal Support or Alimony
Alimony refers to the financial responsibility that a spouse owes to the other after the end of their union. Your marriage must be legally valid before you can be entitled to alimony. The concerned party can also decide to pay it as a lump sum or based on other court-approved arrangements.
Granting alimony is often tedious because the court needs to consider several factors. Specifically, they will consider the parties’ conduct, the duration of the union, and the ability to pay.
Change of Name
If you have a name change petition, you need to publish a public notice. However, if the petitioner is a minor, they must consent to the process, calling for additional requirements.
The family court will schedule a hearing to ask relevant questions to affirm the validity of the process.
Child Custody or Visitation
This also comes in two broad categories—legal and physical. The former grants a parent the right to make decisions for the child, such as healthcare, religious, and educational choices. However, physical custody states the duration each parent spends with the child.
As stated on different occasions, the court will base its decision on the child’s best interests. Your emotions do not influence the judge in instances like this.
Child Support
Physical custody and the parents’ earnings determine child support. The noncustodial parent’s earning percentage is the child support if the other parent enjoys sole physical custody.
Both parties must be transparent with their earnings so that the judge can accurately determine the child’s monthly support. The noncustodial parent may pay child support until the child turns 18.
Concluding Remarks
You need a professional who understands family law to help you handle your family law issues. Despite the services available in family courts, they don’t offer legal advice. Therefore, it is wise to involve a local family law attorney in your case.
Founder Dinis Guarda
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