A family lawyer is a legal professional who is trained and experienced in dealing with family related issues. Any legal issue touching on the relationship between the parents and kids can be handled by these lawyers. A Rancho Cucamonga family lawyer can advise, represent and guide members of the family when they are faced with any type of legal problem. The following are examples of cases they can handle:
a) Adoption Cases
If you are seeking to adopt a child for one reason or another, a family lawyer can advice you accordingly on the California adoption laws to ensure the adoption is successful. The first thing the lawyer will do is check if the child in question is available for adoption. For a child to be adopted, the biological parents must give consent. Alternatively the court can terminate the parental rights of the biological parents. Whatever the case, your lawyer will make sure that the child can be legally adopted and advise you through each and every step in the adoption process. To be able to adopt a child, a social worker from the state’s adoption and foster care depart must assess your lifestyle, career obligations, financial stability, marital stability, physical and mental health, criminal history and behavior of other children you may have. If you are deemed to be a suitable parent, the social worker will make a recommendation for adoption. However, the judge has the final say. That said, adoption is a complex process that you should not attempt to go through without legal counsel from a family lawyer.
b) Divorce or Annulment
If you want your marriage to be ended, either through dissolution or annulment, the first person you should consult is a Rancho Cucamonga family lawyer. This lawyer will advise you on all the pertinent issues and help you get a subtle solution to the marital problem. In case of annulment, the family lawyer will look at the grounds for annulment and advise you accordingly. If you would like to file for divorce, the family lawyer will act as your divorce lawyer throughout the process. In fact, the attorney can start with mediation to avoid costly and time consuming court processes. If your partner agrees to a divorce settlement, the agreement will be signed and filed in court together with the petition for dissolution of marriage. Among the issues to be agreed on are; division of communal property, child custody, alimony and child support. To ensure you get the desired outcome from the case, make sure you choose a competent family lawyer who is licensed to operate in the state of California.
c) Domestic Violence Cases
Domestic violence may come in two forms; physical abuse or emotional abuse. Anyone in the family may be the perpetrator, but the usual suspects are parents, close relatives and older siblings. Whether you’ve been falsely accused of domestic violence, or you want legal representation and protection because you’re abused, your family lawyer will ensure justice is served.
d) Child Custody Cases
When parents are going through a divorce, kids usually have little say on the matter. In fact, younger kids do not have a say on whom they are going to stay with after the divorce. In many cases, both parents may want full custody, but the court can grant shared custody if both parents are considered suitable parents. In case of sole custody, the other parent will be entitled to visitation rights. Your family lawyer will work hard to ensure you get the type of custody you want. In case you do not get custody, the attorney will ensure you get visitation rights.
e) Spousal Support
When a spouse is divorced or divorces their spouse, one of the most important issues that must be resolved in court or through mediation is spousal support. If you do not have a reliable source of income that will enable you to continue living the kind of life you’re accustomed to, you are entitled to get financial support from your ex-spouse. Similarly, if your spouse does not have a good job or a considerable income, you will be required to make spousal support payments every month to ensure they continue living a comfortable life. In that regard, if your ex-spouse is asking for too much, your family lawyer will provide evidence to the court to show that either you cannot afford the amount or your ex-spouse is not entitled to such an amount.
f) Child Support
When kids are involved, parents are usually reasonable, even if they do not want to live together anymore. However, the parent who gets custody of the child may try to exploit their situation to ensure they more money than they need to raise the child. A family lawyer knows how child support payments are calculated, so he or she will be able to convince the court to allow you to pay a reasonable sum to ensure your child is well-taken care of.
As you can see, family lawyers deal with cases touching on every facet of family life. Therefore, the most important factor to consider when hiring a family lawyer should be whether or not they have a family of their own. A lawyer who is married and has kids is able to understand your case and can use this understanding to argue your case effectively in court. Experience in legal issues touching on the family is also a key factor to consider. Ideally, you should give strong consideration to lawyers with a lot of experience with out of court mediation. After all, you do not want to lay out your dirty linen in public, in front of your kids and relatives. The ideal lawyer should also have a great reputation with the public and peers.
As you can see, a family lawyer is very different than a criminal defense lawyer, personal injury lawyer or bankruptcy attorney. For the best possible outcome to any legal situation you find yourself in, make sure to choose the attorney with the most experience in and who focuses on that specialty for the majority of their practice.