The origin of a human being stems out from her/his family, and that must be why we, as a species, put so much emphasis on the smooth functioning and prosperity of family relations. Furthermore, every family goes through or lives with certain degrees of disputes.
And since the higher intelligent beings that we are, we have framed Family Law branches and legal discourses to guide ourselves through while meeting with major disruptions. Because let’s be honest- where there are humans (otherwise known as social animals), there will be misunderstandings, disputes, disagreements.
What You Need To Know About The Family Law :
This body of law deals with governing the legal responsibilities between individuals who share a domestic connection (simply known as a family). Most of the cases pertaining to family law proceedings stem out as a result of the termination of a marriage, because (needless to explain) that is the origin of all families.
With the growing reports of physical and emotional abuse in domestic settings, Family Law ensures to prevent similar occurrences. And to do this, the law does not limit itself to relationships between spouses and their children; it also undertakes extended family members because the court understands that even relatives such as the grandparents, in-laws, maternal/paternal relatives are (and have been proved to be) potential abusers.
Generally speaking, the issues of child custody happen to be the most common in family court.
(If the divorce rates are going to rise higher, it’s only natural for more number of custody claims to be filed.)
Family Law is the answer to:
- Estate dispute
The 3 quick run-through pointers that parents need to know before stepping into the pool of Family Law:
‘Child is the Father of the Nation’- but that may not be said with as much certainty, if the child is not being taken good care of, ensured a warm environment, during his/her parents’ divorce. Which is why, most parents tend to focus maximum priority towards gaining their child’s custody.
Following is a list of 5 things that have been proved to be helpful for the parents:
- You can consult a legal counselor:
If you are a parent considering a divorce, or if you are already in the process, it is probably best for you to start off with speaking with a legal counselor to guide you further with your case and child custody claim.
This legal counselor can also be an attorney who is well-versed with your state’s Family Law statutes, and would be able to suggest you how to go about the case and what’s best for you and your child.
- Perhaps Meditation is your way out:
If you and your spouse intend on parting ways with not much friction, for the sake of your child’s emotional welfare, mediation could be the solution for you.
Mediation is when both the involved parties meet (presence of their respective attorneys is optional, as we call it) under the supervision of a mediator to go through their individual demands out of their custodial claim, and make an effort to achieve fair opportunities in raising their child so as to ensure that the child isn’t left to feel emotionally abandoned or neglected by either of the parents.
- Be sure that you consider what is best for your child:
Ideally, the parents are expected to know what is best for their kid(s), but this is not a dictum, and that is why it is preferable that you speak with your child beforehand, about his/her interests.
You and your spouse need to sit with your child, and walk them (gently, with extensive care) about the decision of getting a divorce, and ask for the child’s response to it. Chances are, he/she may not be very vocal about the shock or the distress, but you and your spouse need to pick up on the clues in their expressions, behavior, to come to a conclusion.
If your child happens to take the news of your decision to get divorced in a fairly easier manner, engage with them in a conversation about their custody; try to figure out whether the child wishes to live with a parent, or is looking forward for a joint custody. Talk it out with your kid, and make sure he/she is heard in every step of your decision.
It is best for both the parties involved, to go through other factors as well, before arriving at a decision of who gets the custody.
Factors such as parents’ job schedules, parents’ mental health, parents’ emotional stability and financial security. It is only after having gone through, with absolute care, that the parents along with their respective attorneys can arrive at a fixed decision of who gets the custody of the child.
The branches of Family Law tend to be widely spread in the working and governing of all domestic relations, and which is why it is necessary for the citizens (especially, the parents) to be well-versed with the statutes of limitations following each of the laws. For the same, a legal counselor, or an attorney, is proved to be extensively useful; after all, they are the professionals- which gives them the upper hand at being aware of the Family Law and its constituents.