Who are lawyers who deal with the family matters ?
A family lawyer is a professional lawyer who specializes mainly in handling the law matters that encircles the family unit.
Due to increase in the number of divorces and child custody cases the demand for hiring lawyers dealing in legal matters associated with the family problems has increased. These Lawyers deal with variety of legal issues related to paternity, prenuptial agreements, adoption and marriage annulments. For lesbian and gay couples these lawyers assist them with cohabitation agreements and domestic partner registration. These law attorneys sometimes also handle real estate planning by drafting the legal documents related to the trusts and wills.
Different types of legal attorneys dealing with family issues
There are different types of family lawyers. They are as follows:
- Divorce lawyers
- Child custody lawyers
- Marriage lawyers
- Domestic violence lawyers
- Adoption lawyers
Let us discuss about each of the types of lawyers in brief.
Divorce lawyers:-We all know that divorce involves a legal procedure to end the marriage. It is very difficult to differentiate the laws related to the divorce. So divorce lawyer assists the client to know about their rights of visitation, right for getting custody of the children, division of tangible assets and division of client’s property. Divorce attorney helps the client to solve the problems of joint debts and tax issues. Divorce lawyers also help the clients in establishing maintenance and child support.
Custody lawyers:- Custody Lawyers sometimes represent the parents and sometimes the children in the court of law in order to decide that who should be given the custody of the child. Physical custody grants the parent or the guardian of a child the right to have the child or the children stay with them. Legal custody of the child gives the custodian parent or the guardian the right to decide on the child’s healthcare, education, cultivation, orientation and nurture. In many states of United States of America joint legal custody of the child is granted by the law court. When only one parent has legal and physical custody of a child that parent has the sole custody and the other parent is granted visitation rights.
Marriage lawyers:- Marriage is a legal procedure that gives the license to the couple to have contractual relationships. Marriage lawyers help their clients to understand the federal marriage laws and state marriage laws so that they could enter a marriage contract that would benefit them (the client who is a couple).A license for marriage is mandatory to be purchased in generally all the states of USA but the requirements for the marriage license varies from state to state. The ritual of marriage takes place with the consent of the couple and is required to be performed by the state official such as judge, cleric, court clerk or the tribal chief. A premarital agreement that protects the property of the individual in the course of divorce is written up by a marriage lawyer.
Domestic violence lawyers:- Domestic Violence Lawyers fight for the protecting the rights and the property of those victims who suffer from domestic violence. Domestic violence lawyers see to it that the victims of the acts of domestic violence get justice from the law court and the culprits who inflict domestic violence face severe punishment. Domestic Violence Lawyers help the victims of the domestic violence with restraining orders, protective orders and legal action in order to protect the children, homes and belongings of the victims.
Adoption lawyers:- Adoption Lawyers help the persons who want to adopt the children to get the parental rights of those children. Adoption is a legal process that deletes the rights of the biological parents and gives these rights to the couple or an individual considered to be capable (or eligible)by the state to take the care of the adopted child. Adoption Lawyers help the persons in adopting the children through different types of adoptions like agency adoptions, private adoptions, related adoptions, step-parent adoptions and open adoptions.
Essential qualifications necessary for the law professionals to deal with legal matters related to the family issues
- An individual should complete a four year undergraduate course before going for a course in law
- Many Law schools in United States of America requires three years of rigorous training in the specialized area of law
- It is mandatory for a law graduate to clear the bar exam of the particular (or specific) state in which he/she wants to practice the law in the law court.
- Certain states requires the law attorney who wants to practice family law in the state to possess degree of law with specialization in subject of family law or be certified as a family law specialist by the state bar
When should one hire a lawyer or an attorney who deals with the family legal issues and legal matters associated with the family problems
- A lawyer dealing with family issues or family problems should be consulted in order to obtain a suggestion for solving the family disputes
- An individual should first consult his/her lawyer dealing in family matters and then take a decision regarding the filing of a divorce petition in the court of law of the particular state. This is necessary as in certain states like California the transfer of the property by an individual before filing of a divorce petition could lead to the problem and raise the legal issues and legal questions over the possession of the property (as to who has right over the property or to whom the property must really belong to or who can claim the right to possess the property)
- A lawyer dealing with the family matters can also be consulted for creating wills
Where and how to find the reputed lawyers who deal with family matters and family issues
One can find reputed lawyers dealing in family matters by consulting and taking the advice from colleagues, friends and relatives. One can also get the list of the panel of these lawyers from the State Bar Lawyer Referral Service or Local Bar Lawyer Referral Service.
What are the job Responsibilities of the lawyer who deals in the family problems
- A Family law attorney conducts civil law cases and drafts law documents
- A Family legal attorney counsels and advises clients and customers on their legal rights that falls under the jurisdiction of the stat or the jurisdiction of the federation
- A Family law attorney represent s the client or the customer in the law court
- A Family law attorney interviews the witnesses and files legal documents in the law court
Who employs the law attorneys dealing in family laws
- Family law attorneys are appointed in the small as well as large legal firms
- Family law attorneys work with a public firm or a private firm or a non-profit organization or a government or private corporation
- Family law attorney can also do the law practice independently or may also start his own law firm with the help of his colleagues by recruiting junior lawyers who have a hold in dealing over the family law issues
Thus we have seen the importance of the family lawyer in dealing with the family matters. We have also seen the urgency of the family law attorneys who try to solve the family disputes and suggest intermediate solutions to the family problems such that the solutions suggested by them is acceptable to all the members of the family. Family law attorney sometimes act as a negotiator or mediator (or third party) between the spouse and the husband in order to avoid and stop the divorce from taking place.