What is Family Court?
Family court is the legal forum in which matters involving
families and familial units are brought in the form of a hearing in order to
undergo judicial review. Family court provides a setting in which applicable
legislature and legal procedure with regard to family law takes place. This
type of legislation may include any or all legal events, classifications, and
legislative statutes identified as a result of the involvement of family members.
A family court will convene to decide matters and process orders
in relation to family law. This body of law typically hears matters that
involve the custody of children or the affirming of a divorce. In the majority
of common-law jurisdictions, a family court will implement statutes that aim to
enforce equitable matters that have devolved from a court of inherent
Types of cases heard in a Family Court
In the majority of common law jurisdictions throughout the
United States, a family court can be subdivided into 2 primary classifications.
Each category will be responsible for hearing and evaluating cases of a
particular subject matter. The issues are divided into legality issues that
involve parents, guardians or custodians, while the other family court division
will administer legality issues involving children and minors.
Divorce Cases heard in Family Court: In the event of dissolution
of marriage, different procedures can be used to terminate a failing marriage,
including annulment, separation, or divorce. In certain cases, the couple in
question may decide that a legal separation may be more productive with regard
to irreconcilable differences.
Alimony Cases heard in a Family Court: These types of cases
involve the prearranged agreements prior to marriage. Certain married couples
may have facilitated awards granted to the other party upon the dissolution of
Nuptial agreements are set forth prior to the finalization of a
marriage agreement. In certain cases, agreements mandated in family court can
be facilitated that prevent the awarding of alimony subsequent to the
termination of a marriage.
Paternity Test Cases in a Family Court: A family court may
authenticate the results of paternity tests. These tests are classified as
investigative scientific measures that are taken in order to determine the
validity of paternity claims brought forth within a paternity lawsuit.
Custody Cases in a Family Court: A legal procedure used in
conjunction with the determination set forth by the presiding court with regard
to the responsibility of guardianship or custodianship of any or all children
shared by a married couple. A presiding family court will typically be required
to mandate custodial decisions.
Child Support Cases in a Family Court: Child support is a means
of financial restitution in which a non-custodial parent can contribute to the
expenses of raising children produced by a marriage. With regard to family
court, Child support mandates are undertaken with regard to jurisdictional
family law legislation.
As a result, the amount of payment is determined by a
variety of social, economic, and professional factors. A child support payment
is monies paid by the non-custodial parent to the parent acting as the primary
care custodian or the custodial parent.
Guardianship matters in a Family Court: In the event that a
minor seeks to emancipate themselves from their respective legal Guardian or
adjust the implied status of guardianship responsibility, a family court will
review a petition of emancipation. Upon emancipation, a Guardian will be
relinquished of their responsibility of Guardianship.
Adoption: A family court will typically oversee the
authentication of legal adoption. Prospective parents undergoing the adoption
process will be able to participate in the judicial review of any or all
implicit authenticity, substantiation, and validation concerning issues under
the jurisdiction of legality.