family law questions

FAMILY LAW FAQ

ANSWERS TO YOUR FAMILY RELATED QUESTIONS!

Family dynamics often involve complex legal considerations that require careful navigation and expert advice. This page is dedicated to helping you get answers to all of your family law questions!

FAMILY LAW FAQ

ANSWERS TO YOUR FAMILY RELATED QUESTIONS!

Family dynamics often involve complex legal considerations that require careful navigation and expert advice. This page is dedicated to helping you get answers to all of your family law questions!

FIRST STEP GUIDE

TAKE THESE STEPS RIGHT AFTER FILING FOR DIVORCE!

This guide is tailored to offer comprehensive information, addressing inquiries related to the process of filing for divorce and providing insights to navigate this emotionally and legally intricate journey successfully!

FIRST STEP GUIDE

TAKE THESE STEPS RIGHT AFTER FILING FOR DIVORCE!

This guide is tailored to offer comprehensive information, addressing inquiries related to the process of filing for divorce and providing insights to navigate this emotionally and legally intricate journey successfully!

STEP ONE

SERVE DIVORCE PAPERS

Ensure that your spouse receives the divorce papers according to legal requirements, initiating the formal divorce process.

STEP TWO

PROPERTY DIVISION & FINANCIAL DISCLOSURE

Work on disclosing your financial assets and liabilities, and engage in negotiations or legal procedures to equitably divide marital property.

STEP THREE

CHILD CUSTODY & SUPPORT

If applicable, determine child custody arrangements and child support agreements, either through negotiations or court proceedings, prioritizing the best interests of the children involved.

STEP FOUR

CONTACT YOUR FAMILY LAW ATTORNEY

Reach out to your family law attorney to review your case’s progress, address any challenges, and receive legal guidance on potential settlement options or court actions based on the evolving circumstances.

FAMILY LAW FAQ

Find answers to all your questions related to Family Law cases. If you don’t see your question below, use the form to the right to ask a question and one of our Attorneys will get back to you shortly!

ASK A QUESTION

What is family law?

Family law deals with legal matters related to familial relationships, including divorce, child custody, adoption, and more.

How do I file for divorce?

To file for divorce, you generally need to submit a petition to the appropriate court and follow the procedures outlined in your jurisdiction.

How is child custody determined?

Child custody is determined based on the best interests of the child, considering factors such as parental fitness, child’s wishes, and stability.

Can I modify a child custody agreement?

Yes, you can request modifications to a custody agreement if there has been a substantial change in circumstances affecting the child’s well-being.

What is alimony/spousal support?

Alimony is financial support paid by one spouse to the other after divorce to help maintain a similar standard of living.

How is alimony determined?

Alimony amount and duration are typically based on factors like the length of the marriage, financial disparities, and individual needs.

What is a prenuptial agreement?

A prenuptial agreement is a legal contract that outlines how assets and debts will be divided in the event of divorce.

Can a prenup cover child custody and support?

While prenups generally address financial matters, they cannot dictate child custody arrangements or support obligations.

How is property divided in a divorce?

Property division can vary by jurisdiction; it may involve equitable distribution or community property principles.

What is a legal separation?

A legal separation is a formal arrangement where a couple lives apart but remains legally married. It addresses issues like property, support, and child custody.

Can same-sex couples adopt?

Yes, same-sex couples have the legal right to adopt in many jurisdictions.

What is child visitation?

Child visitation refers to the non-custodial parent’s time spent with their child, as specified in a custody agreement.

How is child support calculated?

Child support calculations consider factors such as each parent’s income, custody arrangement, and child’s needs.

Can grandparents get visitation rights?

Some jurisdictions allow grandparents to seek visitation rights if it’s in the child’s best interests.

How does relocation affect custody?

Relocation can impact custody arrangements; court approval may be required depending on the distance and impact on the child.

What's the process for adopting a child?

Adoption involves a legal process that includes background checks, home studies, and court approval.

Can I change my child's last name after divorce?

Changing a child’s last name after divorce typically requires court approval and consideration of the child’s best interests.

How long does it take to finalize a divorce?

The time varies based on factors like jurisdiction, complexity, and whether the divorce is contested or uncontested.

Can I get an annulment instead of a divorce?

An annulment declares a marriage void, as if it never existed, and is granted under specific circumstances, such as fraud or bigamy.

Can I get a divorce without hiring an attorney?

While possible, hiring an attorney is recommended to ensure legal requirements are met and rights are protected.

What is paternity testing?

Paternity testing determines the biological father of a child and is often used in child custody and support cases.

How do I establish paternity?

Paternity can be established through DNA testing, acknowledgment of paternity forms, or court orders.

Can I modify child support payments?

Yes, child support orders can usually be modified if there’s a significant change in financial circumstances.

What is a restraining order?

A restraining order is a court-issued order that restricts someone from contacting or approaching another person, often used in cases of domestic violence.

Can I prevent my ex-spouse from moving with our child?

Depending on the custody agreement and jurisdiction, you might be able to contest the move in court.

What is a no-fault divorce?

A no-fault divorce doesn’t require proving wrongdoing; it’s based on the couple’s irreconcilable differences.

How does mediation work in family law cases?

Mediation is a process where a neutral third party helps divorcing couples reach agreements on issues like custody, support, and property division.

Can a domestic violence conviction affect custody?

Yes, a domestic violence conviction can impact custody decisions, as the child’s safety is prioritized.

Can I modify a custody order if my ex-spouse is not following it?

If the other parent isn’t complying with the custody order, you can seek enforcement or modifications through the court.

What is a parenting plan?

A parenting plan outlines how parents will share responsibilities and make decisions for their children after divorce.

How is property characterized as separate or marital?

Separate property belongs to one spouse before marriage, while marital property is acquired during the marriage and is subject to division.

Can I terminate my parental rights voluntarily?

Parental rights can sometimes be terminated voluntarily, but this process varies by jurisdiction and may require court approval.

What is the Uniform Child Custody Jurisdiction Act (UCCJA)?

The UCCJA is a law that determines which state has jurisdiction over child custody cases when multiple states are involved.

What happens if my ex-spouse doesn't pay child support?

You can seek legal remedies, such as wage garnishment or contempt of court charges, to enforce child support payments.

Can I get custody of my child if the other parent abuses drugs?

Substance abuse issues can impact custody decisions, as the court prioritizes the child’s safety and well-being.

Can I modify spousal support after divorce?

Spousal support modifications can be requested if there’s a significant change in circumstances, like job loss or increased income.

Can I move out of state with my child after divorce?

Relocating with a child after divorce might require court approval, especially if it affects custody arrangements.

What is the Hague Convention on the Civil Aspects of International Child Abduction?

The Hague Convention aims to ensure the prompt return of abducted children to their home country.

Can I get custody of my stepchild?

Custody of a stepchild can be pursued, but the process varies depending on the circumstances and jurisdiction.

What is an order of protection?

An order of protection, also known as a restraining order, is a court order intended to prevent harassment or abuse.

What is supervised visitation?

Supervised visitation involves visits between a non-custodial parent and child under the supervision of a neutral third party.

Can I modify visitation arrangements?

Yes, visitation arrangements can be modified if there’s a valid reason, such as a change in work schedule.

What's the difference between joint legal custody and joint physical custody?

Joint legal custody involves shared decision-making, while joint physical custody involves shared time with the child.

How does the court decide who gets custody?

Courts consider factors like the child’s best interests, parental fitness, stability, and the child’s preferences if they’re of a certain age.

Can I modify a custody agreement if I want to move?

If a move impacts the custody arrangement, you might need to seek court approval for modifications.

Can I adopt an adult?

Some jurisdictions allow adult adoption, usually for non-traditional family relationships or inheritance purposes.

What is a postnuptial agreement?

A postnuptial agreement is similar to a prenup, but it’s entered into after marriage.

Can I claim child support if we were never married?

Yes, child support can be sought even if the parents were never married.

How does the court determine alimony?

Alimony determination depends on factors like the length of the marriage, each spouse’s earning capacity, and their financial contributions.

Can my child decide which parent to live with?

Some jurisdictions consider a child’s preference, particularly if they’re mature enough, but the final decision rests with the court.

Can I include my pets in a prenup?

Some jurisdictions allow pets to be included in prenups, addressing issues like custody and expenses.

What is the "best interests of the child" standard?

The best interests of the child standard is the primary consideration in custody and visitation cases, focusing on the child’s well-being.

Can I modify a visitation order if my ex-spouse isn't following it?

If the other parent isn’t following the visitation order, you can seek enforcement or modifications through the court.

What is the difference between legal separation and divorce?

Legal separation allows a couple to live apart while remaining married, whereas divorce ends the marriage legally.

Can I relocate if I have joint custody?

Relocating with joint custody might require court approval and a modification of the custody arrangement.

How does a court determine spousal support?

Spousal support determination considers factors like each spouse’s income, needs, and the duration of the marriage.

Can I prevent my ex-spouse from introducing their new partner to our child?

Generally, you cannot prevent your ex-spouse from introducing their partner to your child unless it’s causing harm or violates the custody agreement.

Can a parent's mental health affect custody decisions?

Yes, a parent’s mental health can impact custody decisions, especially if it affects their ability to provide a stable environment for the child.

What is an uncontested divorce?

An uncontested divorce occurs when both spouses agree on the terms of the divorce, making the process faster and less adversarial.

Can I modify spousal support if my ex-spouse remarries?

Remarriage can sometimes be a valid reason to request a modification of spousal support.

Can I include a morality clause in a custody agreement?

Some jurisdictions allow morality clauses, which restrict certain behaviors when a parent has custody of the child.

Can I get full custody if my ex-spouse has a criminal record?

A criminal record can influence custody decisions, but other factors will also be considered, such as the nature of the offenses and rehabilitation efforts.

How do I prove that I'm the child's biological parent?

Proof of biological parenthood can be established through DNA testing, birth certificates, and other legal documentation.

What is a temporary custody order?

A temporary custody order outlines custody arrangements during divorce proceedings until a final decision is reached.

Can I claim custody of my child if the other parent is unemployed?

Employment status is just one of many factors considered when determining custody, and it alone may not dictate the decision.

Can I prevent my child from being taken out of the country?

You might be able to prevent international travel with your child by obtaining a court order if there’s a risk of abduction.

Can I modify child custody if my ex-spouse is neglecting our child?

Neglect of a child is a valid reason to seek modifications to a custody arrangement.

What is the "best interests of the child" standard in custody cases?

The best interests of the child standard guides courts in determining custody arrangements based on what benefits the child most.

Can I claim tax deductions for child support payments?

Child support payments are not tax-deductible for the paying parent, nor are they considered taxable income for the recipient.

Can I get custody of my child if the other parent is abusive?

Courts prioritize the safety of the child, so a history of abuse can significantly impact custody decisions.

Can I modify visitation if my ex-spouse's new partner poses a threat?

If your ex-spouse’s new partner poses a threat to the child’s safety, you might be able to seek modifications to the visitation arrangement.

Can I prevent my ex-spouse from moving if it will affect my visitation rights?

If the move significantly impacts visitation, you might be able to contest it in court.

Can I claim custody of my child if the other parent is emotionally abusive?

Emotional abuse can be considered in custody decisions, as the child’s well-being and mental health are important factors.

What is the difference between sole custody and joint custody?

Sole custody grants one parent primary decision-making authority, while joint custody involves shared decision-making responsibilities.

Can I change my custody agreement if my ex-spouse is using drugs?

Drug use by a parent can be a valid reason to request modifications to a custody agreement.

How does my military deployment affect child custody?

Military deployment can impact custody arrangements; some jurisdictions have laws to protect service members’ rights.

Can I claim custody if my ex-spouse has a history of alcoholism?

Military deployment can impact custody arrangements; some jurisdictions have laws to protect service members’ rights.

Can I claim custody if my ex-spouse has a history of alcoholism?

A history of alcoholism can impact custody decisions, especially if it poses a risk to the child’s safety.

Can I modify custody if my ex-spouse is violating court orders?

Violation of court orders can be a reason to seek modifications to the custody arrangement.

Can I claim custody if my ex-spouse has a criminal record?

A criminal record can be a factor in custody decisions, especially if it poses a risk to the child’s well-being.

Can I modify custody if my ex-spouse is not allowing me visitation?

If your ex-spouse is not allowing court-ordered visitation, you can seek enforcement or modifications through the court.

What is a parenting coordinator?

A parenting coordinator is a neutral third party who helps parents resolve disputes related to co-parenting.

Can I claim custody if my ex-spouse is financially unstable?

Financial stability is one of many factors considered in custody decisions, but it alone may not determine custody.

Can I modify custody if my ex-spouse is alienating the child from me?

Parental alienation can be a valid reason to seek modifications to a custody arrangement.

Can I claim custody if my ex-spouse is not providing proper care?

Lack of proper care from the other parent can be a reason to seek custody, as the child’s well-being is paramount.

Can I modify custody if my ex-spouse is not following the parenting plan?

If your ex-spouse is not following the parenting plan, you can seek enforcement or modifications through the court.

What is a family court facilitator?

A family court facilitator provides assistance to people representing themselves in family law matters, offering guidance on forms and procedures.

Can I claim custody if my ex-spouse is mentally unstable?

Mental instability can be a factor in custody decisions, particularly if it affects the parent’s ability to care for the child.

Can I modify custody if my ex-spouse's new partner has a criminal history?

If your ex-spouse’s new partner poses a threat to the child’s safety, you might be able to seek modifications to the custody arrangement.

Can I claim custody if my ex-spouse has a history of neglect?

A history of neglect can be considered in custody decisions, as the child’s well-being and safety are critical.

Can I modify custody if my ex-spouse is not providing proper education?

Educational neglect can be a valid reason to seek modifications to a custody arrangement.

Can I claim custody if my ex-spouse is not following medical recommendations?

Failure to follow medical recommendations can impact custody decisions if it endangers the child’s health.

Can I modify custody if my ex-spouse is moving frequently?

Frequent moves by the other parent might be a valid reason to seek modifications to a custody arrangement.

Can I claim custody if my ex-spouse has a history of violence?

A history of violence can significantly impact custody decisions, as the child’s safety is paramount.

Can I modify custody if my ex-spouse's work schedule has changed?

A change in work schedule might be a valid reason to seek modifications to a custody arrangement.

Can I claim custody if my ex-spouse is in a new relationship?

A new relationship by itself is not typically a reason to claim custody, but it might be considered in the overall context of the child’s well-being.

Can I modify custody if my ex-spouse's new partner is abusive?

If your ex-spouse’s new partner poses a threat to the child’s safety, you might be able to seek modifications to the custody arrangement.

Can I claim custody if my ex-spouse is not providing emotional support?

Lack of emotional support can be a factor in custody decisions, as the child’s overall well-being is important.

Can I modify custody if my ex-spouse is not following religious practices?

Religious differences might be considered in custody decisions if they impact the child’s upbringing or well-being.

Can I claim custody if my ex-spouse has a history of child abuse?

A history of child abuse can strongly impact custody decisions, as the child’s safety is the primary concern.

Can I modify custody if my ex-spouse is not providing proper nutrition?

Failure to provide proper nutrition can be a valid reason to seek modifications to a custody arrangement.