Family
Family law is an area of law that more and more Americans are encountering each year. Divorces are on the rise, bringing out property and custody battles; adoption and surrogacy choices becoming more common and society's involvement in domestic violence is changing - all of these are components of family law.
Elements
The term family law describes a wide range of laws that concerns the interactions of families and the legal status. Family law encompasses many different areas including civil unions, adoption and surrogacy, domestic violence, child abuse, paternity - anything that is family-related. Of course, with each of these components there are different pieces. For example civil unions include marriage, domestic relationships, prenuptial agreements, annulments, divorce, custody battles, legal separation, property division, alimony and parental rights. And some of these areas will also cross over to others. Some custody battles may include occurrences of child abuse or domestic violence.
As the government believes family relationships are crucial to society's success, family law governs any of the interactions between family members - be it by blood, marriage, distant relationships and casual relationships. While courts are disinclined to become involved in struggles in the internal workings of families, some struggles violate laws and authorities will step in.
Some matters in family law are dealt with on a "no-fault" basis while other matters need proof of committed wrongdoing. For example, on a "no-fault" basis married couples are permitted to divorce. Domestic abuse is fault based, which means there was committed wrongdoing of a party.
Jurisdiction
In the case of family law, the majority of the laws are state-governed however, there are some areas that are federally governed. The federally governed laws attempt to regulate laws that should apply to all states equally. Generally the state where the family lives has jurisdiction over any of the family law matters that arise in the family relationship.
There are some general principles of family law that all states agree on such as granting custody according to the standard of best interest of the child and evoking child support guidelines. However, a federal law was passed ensuring that those children that receive child support are cared for even if the non-custodial parent moves to another state.
Adoptions/Surrogacy
Adoption of a child is a process in which a person takes on the responsibility of parenting of that child and receives the transfer of all responsibilities and rights for that child from the biological parent(s). It differs from guardianship as adoption is a permanent change in status. A surrogacy agreement or arrangement involves the act of becoming pregnant and carrying the pregnancy for the...
Read MoreChild Abuse
Child abuse can be defined as an act or a failure to act on the part of a parent or any caretaker that results in serious physical harm or emotional harm, sexual abuse or exploitation or even death of a child. It also includes the act or the failure to act which presents an immediate risk of serious harm. Physical abuse is a non-accidental physical injury; neglect is the failure to provide food,...
Read MoreChild Custody
Custody of children guardianship are both legal terms that are sometimes used interchangeably however, they are very different. Child custody describes the practical and legal relationship between parents and their child(ren), including the rights of the parents to make decisions for the children, and the duty of care of the parents for the children. Child custody issues often arise in legal...
Read MoreMarriage/Divorce
The traditional definition of marriage was the union between a man and a woman. Nowadays, marriage can also be between people of the same-sex. This is being recognized as legal marriages in many states. Marriage has key economic, social and legal aspects within society. It grants people certain privileges and rights that are defined by law, including the ability to receive benefits as well as...
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