The family court handles matters related to children, such as custody (now referred to as parenting time), child support, orders of protection, adoptions and cases involving abuse or neglect and PINS (Person In Need of Supervision). Additionally, it oversees some divorce and separation cases.
People involved in proceedings such as contested custody and order of protection cases have the right to hire legal representation.
Child Custody
Child custody matters involve two key components: legal custody and physical custody. Legal custody determines which parent can make critical decisions on behalf of their children, such as decisions related to healthcare, religion and education; physical custody indicates where their children will reside – the court can award sole or joint custody to either parent depending on evidence of abuse; generally speaking courts prefer giving both parents at least some form of legal and physical custody rights.
A judge will consider multiple factors when making their ruling on child custody, such as which parent has been the primary caretaker for the child and whether either parent is experiencing emotional or mental health problems. They may also take into account any wishes from the child based on age; non-parents (grandparents, siblings or aunts/uncles) find it hard to obtain custody. Unless there are exceptional circumstances present, grandparents cannot usually get custody.
If a parent already has custody, they cannot move without first getting approval from both parties and/or from a family court judge who granted custody in the first place. To promote stability for children, courts typically only alter custody arrangements if there has been significant change to circumstances that threaten this arrangement.
Divorce
Family courts can issue orders regarding legal separation and divorce for couples who choose not to divorce. A legal separation allows couples to separate assets while staying legally married while living apart and living apart without being legally divorced.
Many states mandate mediation sessions before court can grant a divorce decree. Here, an impartial mediator assists couples in reaching an agreement about all aspects of their separation agreement.
Divorce laws vary by state, which can have a dramatic impact on custody and visitation agreements, as well as payments of alimony. Mr. Shapiro can help ensure your case is filed correctly so as to best serve both you and your children’s interests.
Family courts provide services for guardianships; juvenile delinquency proceedings; paternity suits and adoption proceedings, PINS (Person in Need of Supervision), family offense proceedings – such as domestic violence. However, in other parts of the country these issues are handled through probate or other specialized courts – therefore if this applies to you it’s wise to consult a qualified family law attorney about how best to address them in terms of both your individual situation and needs.
Adoption
Family courts provide services beyond adoptions; they can handle cases related to guardianships, foster care approval and review, domestic violence, juvenile delinquency, PINS (Persons In Need of Supervision) placement and termination of parental rights – with each process depending on its particulars.
An individual seeking adoption must successfully pass a background investigation. This includes searching the State Central Register for Abuse and Neglect and running a criminal history check, in addition to verifying religious, cultural, social, financial status, moral fitness as well as mental/physical health.
Family courts provide different procedures and processes depending on the situation, but ultimately aim to resolve legal matters affecting families. To ensure that your case is handled appropriately, seek assistance from a family law attorney. Please be aware that receiving this information does not create an attorney-client relationship between yourself and us, the information provider; instead it serves solely to inform and provide additional resources regarding Family Court matters. For assistance please reach out directly. Mr. Shapiro offers extensive experience that will put your mind at ease by discussing its intricacies beforehand – reach out now for a complimentary consultation session!
Guardianship
When either parent of a child cannot adequately care for them or has passed away, a guardian can be appointed by the court to assume parenting roles. When doing this, a judge will consider factors like stability within the home environment and whether the child has expressed a preference, their relationship between proposed guardian and parents, any information regarding moral character of prospective guardians etc.
Adult cases follow a similar process, though they typically must be filed at a special court called the Surrogate or County Court. Family courts also have jurisdiction in cases involving guardianship for individuals aged 14 or younger and can sometimes forgo formal hearings in such circumstances.
Courts may grant guardianship over either an individual’s person and estate or just their property, depending on the specifics of each case. Guardianship can also be shared among multiple adults if necessary – for instance if one member of your family has particular expertise when it comes to making medical decisions while another handles financial affairs better than you. This approach could prove particularly advantageous if multiple conservators and guardians exist simultaneously for one individual.
Juvenile Delinquency
Juvenile delinquency cases typically begin when police arrest a child for conducting acts that would constitute crimes if committed by adults (as described above). Once charged, their case will usually be handled by their home county family court.
Courts can order children to attend specific programs or be placed into non-secure or secure custody. Judges also consider factors unique to family court such as school records, mental health information and victim statements when making these decisions.
Decidence regarding whether or not to charge or dismiss cases lies at the core of family courts’ delicate balance between punishment and rehabilitation for children and families. Therefore, it’s crucial that judges have access to all available information and have an in-depth knowledge of all facts surrounding a case. Differences exist on two fronts: firstly who prosecutes family court cases (some states employ elected prosecutors; others assign this responsibility to nonlawyer intake officials), while others assign it solely to nonlawyers as is often done herein this Section provides an inventory of current statutory structures.