Family Law Glossary

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Family law is the term that is applied to the laws and rules developed regarding family relationships. Family law rules define not only the relationships between members of a family but also between a family and society as a whole. More than any other area of the law, family law reflects the values society shares regarding how people who are related should treat each other.

Marriage

Marriage is a legal and business union as much as it is a romantic one. Although the limitations and requirements vary by state, basic marriage laws are similar. All states prohibit marriage to more than one person and marriage between close family members. Some of the more common limitations are:

Divorce

A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce gives each person the legal right to marry someone else. It also legally divides the couple's assets and debts and determines the care and custody of their children. Each state addresses these issues differently. However, most states follow the same basic principles and use relatively uniform standards.

Child Custody & Visitation

The care and upbringing of children following divorce is often an ongoing source of conflict for divorcing parents. Custody must address both physical custody, or the rights and responsibilities regarding the day-to-day care and activities of their children and legal custody, or the legal rights and responsibilities associated with the child's upbringing. Sometimes the couple agrees to an arrangement and sometimes the court determines one for them.

Child Support

Biological parents must financially support their children. That obligation usually lasts until the child reaches "the age of majority" (depending on state law, 18 or 21) or becomes self-supporting. The responsibility to provide support in the form of regular payments generally arises when one parent has primary custody of the child. An order for child support may be entered during or after a divorce. Either parent may be ordered to pay support depending upon how custody is arranged. An unmarried mother may also file a petition for child support in family court and an order for support will be entered once paternity has been established.

Adoption

Adoption is the legal procedure that allows a family to make a child who is not biologically their own part of their family. Every adoption, whether foreign or domestic, requires the action and approval of a court to become final.

Conclusion

Family relations create a host of legal consequences. Whether you are contemplating marriage or divorce, or are considering adoption, an experienced family law attorney can explain the laws that apply to your particular situation and help you understand their effect so that you may make the best choices for you and your family.

DISCLAIMER: This site and any information contained herein in intended for informational purposes only and should not be construes as legal advice. Seek competent legal counsel for advice on any legal matter.

Call or email South Bend criminal defense attorney and family law lawyer Tony Zirkle for a prompt, personal response and to schedule a free phone consultation.

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