The Relevance Of Family Law In Family Matters

By Rosella Campbell


This law seeks to give clear legal provisions about family matters such as divorce and attached matters (property settlement, annulment, child support, and child custody), domestic partnership, civil unions, surrogacy, adjudication, paternity testing or fraud, adoption and other related matters. The settlement of all these matters is subject to family law.

However what is part of this law in one jurisdiction may not be the same in another. In the United States, family courts receive the most cases. In Dallas, one can get legal representation from wonderful team of lawywers found in the various law firms.

One of the major components of this is divorce. It entails the legal formalities the couple has to go through before they can get a marital dissolution. Today there are simplified ways of getting a divorce such as uncontested divorce where there are few disagreements between the couple regarding what they want out of divorce.

Child protection is also captured in this law. Denying a child the right to education, capital punishment, military recruitment of children and other forms of violations are illegal and leads to fines, imprisonment or being deprived of parental privileges.

The law views matrimonial home as family residence the two partners have been living before dissolution of the marriage. Matrimonial home might be more than a single property, it might extend to a summer cottage or a ski chalet for vacations. This particular property is viewed as absolutely important and normally is owned jointly by the partners regardless the name the property is registered under thus no one can evict the other.

This law guides custody of the children in case of a marital separation. Physical custody of a child means that a parent has got the right to live with the child. The law may also award joint physical custody where the child is allowed to spend a great deal of time with either parent.

Legal custody vests the powers to make decision on behalf of children on one of parents though the law provides for joint legal custody where decisions are made by both parent. These decisions include the kind of schooling the child gets, the upbringing and the medical care amongst other vital decisions.

If legal custody agreement is not adhered to, for example a parent making decisions exclusively without consultation or approval of the other, one is liable to a fine or even a jail sentence. This also creates friction between the parents which is not healthy for the children. In case of neglect, alcohol and drug abuse and any other unfitness, one is denied legal custody to a child.




About the Author:



No comments:

Post a Comment