5 Common Marital Issues That Require the Expertise of a Family Law Attorney

June 10, 2023
By Jesse Armstrong
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Spouses may need the services of a family law firm when their marriages reach an impasse. It is common for couples to experience marital problems, especially when one spouse ignores the other’s needs and desires or engages in misconduct.

A skilled family lawyer will provide logical advice and guidance on resolving legal issues. 

Paternity

Paternity issues can be more complicated than people realize. They can have important legal ramifications that affect custody, support, inheritance, and access to Social Security benefits.

Unless both parties sign an Acknowledgement of Paternity at the hospital after the child’s birth or a court enters an order of filiation, it may be difficult to establish the father’s rights and obligations. This is especially true for unmarried parents.

An experienced family law Pasco County FL attorney can help by explaining the law and assisting in the paperwork to establish paternity. She can also help challenge a declaration of parentage if it was signed involuntarily or due to fraud. This process often involves a blood or DNA test. The results will determine whether the man is the biological father.

Divorce

Divorce is one of the most common reasons people seek family court help. While divorce is a fairly straightforward legal process, it can be very emotional for the spouses involved. Whether your case involves contested or uncontested divorce, property division, alimony, or child custody disputes, you must find an attorney with excellent negotiation skills.

Finding an attorney who empathizes with the spouses and children involved. This is because family court cases are often very emotional, and you need to be able to put yourself in the spouses’ shoes and understand what they are going through. This will make working with them easier and reaching an agreement on difficult issues. Sometimes, couples can even resolve their issues without going to court through mediation or collaborative law.

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Child Custody

In many cases, parents struggle with how to settle custody and access arrangements. These decisions must consider children’s best interests, which can be complex. Judges may impose joint legal custody, in which both parents share decision-making rights, or physical custody, in which one parent has full control of a child, depending on the circumstances.

A family law attorney can help ensure custody arrangements are in the children’s best interests and are upheld by the court.

 They may also negotiate for a more favorable visitation schedule or work with experts to present evidence such as medical records, financial information, and psychological evaluations. This evidence can be critical in a contentious custody trial.

Child Support

A judge orders child support payments to help cover a child’s basic needs, including food, clothing and shelter. The court calculates the price using a precise formula considering various aspects, including each parent’s income.

A family law attorney can ensure that a child support order adequately covers all necessary expenses. This includes medical fees not covered by insurance, such as co-payments, and out-of-pocket costs, like prescriptions and eyeglasses. It may also include education-related expenses such as tutoring, extracurricular activities, daycare and summer camp costs.

A child support violation can be serious, resulting in the government taking money from the violating party’s paycheck (wage garnishment) or seizing assets and property. A family law attorney can protect you from unwarranted wage garnishments and other enforcement actions.

Adoption

Family law attorneys often work with clients going through emotional legal proceedings. As such, they must have strong interpersonal skills and empathy for their clients.

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When determining custody, the courts consider many factors, including school records, mental health and substance abuse counseling, criminal records and any history of domestic violence. A family lawyer will help parents gather the appropriate evidence to present to the court.

Spousal support is also a common issue that family lawyers handle. The length of the marriage, each party’s financial capacity, and the total amount of debt accrued by the parties jointly will all affect the amount of spousal support awarded.

Additionally, family lawyers assist their clients with the adoption process by handling the necessary paperwork and attending any hearings. They may even act as mediators in out-of-court settlement negotiations.