Most Common Family Law Disputes

When families break up, disputes over money, custody of children, and property often follow. These disputes can be very contentious and stressful for everyone involved. According to statistics, family law disputes are the most common type of civil litigation. 

Understanding your rights and options before getting into a dispute can help you resolve issues and ensure that your interests are protected.

Common Factors That Affect Civil Litigation

Family court disputes are usually based on one or more of the following key factors:

• The best interests of the child

In family law, the “child’s best interests” are always the primary consideration. This means that decisions about custody and visitation will be made based on what is in the child’s best interests. Factors that may be considered include the child’s age, health, and relationship with each parent.

• The ability of the parents to cooperate

Parents who can communicate and work together to make decisions about their children are more likely to be successful in resolving custody and visitation issues. However, if there is a history of domestic violence or abuse, it may be difficult for the parents to cooperate.

• The child’s relationship with each parent

The courts will also consider the child’s relationship with each parent. This includes the amount of time the child spends with each parent, the quality of that time, and whether each parent provides emotional and financial support for the child.

The court may also consider the child’s discretion if the child is old enough to express a preference.

• The ability of each parent to provide for the child’s needs

When making custody and visitation decisions, the court will also consider each parent’s ability to provide for the child’s physical and emotional needs. This includes each parent’s job situation, housing situation, and financial resources.

• The child’s special needs

If the child has any special needs, the court will consider how each parent can meet those needs. This may include factors such as access to medical care and educational resources. With the help of a Family Law attorney, these needs are well represented in the courtroom. 

It is important to remember that every family is different and that each case will be decided on its own merits. If you are involved in a family law dispute, it is best to consult with an experienced attorney who can help you understand your rights and options.

Most Common Types Of Cases Under Family Law Disputes

Although there are about 60 different types of family law cases, the majority of them fall into one of the following categories:

• Custody and visitation

Child custody disputes are some of the most common family law cases. There are two types of child custody in many states: physical custody and legal custody. 

Physical custody refers to where the child will live, and legal custody refers to the right to decide about the child’s welfare, including decisions about education, healthcare, and religious upbringing.

In some states, custody is awarded “jointly” to both parents, which means that both parents have a say in decision-making. In other states, one parent may be granted “sole” custody, which means that only that parent has the right to make decisions about the child’s welfare.

• Child support

Child support is another common type of family law case. Child support is the financial contribution that a non-custodial parent makes to help cover the costs of raising their child. Child support payments are typically made until the child turns 18 (or 19 in some states).

• Divorce

Divorce is perhaps the most well-known type of family law case. Divorce is the legal dissolution of a marriage. To get a divorce, one of the spouses must usually allege that the marriage is “irretrievably broken.” Once a divorce is granted, the spouses are no longer legally married and are free to remarry.

• Domestic violence

Domestic violence cases are also common in a family law court. Domestic violence refers to any abuse between family members or intimate partners. If you have been a victim of domestic violence, you may be able to get a restraining order to protect yourself and your children from your abuser.

• Adoption

Adoption is the legal process by which a child becomes the legally recognized child of parents who are not their biological parents. Adoption can be a complicated process, so it is essential to seek the help of an experienced attorney if you are considering adopting a child.

• Juvenile delinquency

Juvenile delinquency refers to criminal activity committed by a minor (someone under 18). In many states, juveniles are treated differently than adults in the criminal justice system. 

If your child has been accused of a crime, you should seek the help of an experienced attorney who can help you navigate the juvenile justice system.

• Paternity

Paternity cases are family law cases that deal with the legal establishment of a child’s father. In some cases, paternity is apparent (for example, if the child was born to a married couple), but in other cases, it may need to be established through DNA testing. 

Once paternity is established, the father has the legal right to seek custody or visitation with his child.

• Name Changes

Name change cases are usually pretty simple: one spouse wants to change their last name (usually to the last name of their new husband or wife), and the other spouse does not object. 

However, there are some situations in which a name change may be more complicated, such as when the name change would cause confusion or hardship for the other spouse or the couple’s children. In any case, consulting on how to legally change your name can be great to avoid further complications in legal documents.

• Emancipation

Emancipation cases are usually brought by minors who want to be declared legally independent from their parents. In most states, the legal age is 18, which means that minors are automatically emancipated when they turn 18. 

However, there are some exceptions to this rule. For example, minors may be emancipated in some states if they are married, pregnant, or serving in the military.

Final Words

If you are involved in a family law case, it is essential to have an experienced attorney on your side. Family law can be complex, and the stakes are high. An experienced attorney can help you understand your rights and options and will fight for the best possible outcome in your case. Contact a qualified family law attorney in your area today to get started.