What are the different areas a Family Lawyer specializes in

• Divorce
• Alimony
• Child Custody
• Child Support
• Paternity
• Adoption
• Elder Law
• Juvenile Law

Divorce : What is it?

Divorce is defined as the legal dissolution of a marriage. There are two types of divorce: absolute divorce and limited divorce. Issues associated with divorce include alimony, child custody, and child support. If you are looking for help with your divorce, choosing an experienced family lawyer is the first step.

The most common form of divorce is legally termed absolute divorce. In this form of divorce, marriage is completely dissolved. Legal grounds for absolute divorce depend on individual state laws, but typically it can be granted on the basis of marital misconduct (at-fault) or because the couple simply cannot get along (no-fault). The distinction between at-fault divorce and no-fault divorce can have important consequences for the outcome of the legal proceedings.

At-Fault Divorce - This type of divorce occurs when one spouse sues for divorce due to the transgressions of the other. Grounds for at-fault divorce include cruelty (inflicting needless physical or emotional pain), adultery, abandonment, lengthy imprisonment, and inability or unwillingness to consummate marriage. Not all states offer at-fault divorce. In those that do, the spouse that can prove fault may be awarded a greater portion of community property or larger alimony payments.

No-Fault Divorce - This describes any divorce where the spouse filing for divorce is not required to prove misconduct on the part of the other partner. Suitable grounds for no-fault divorce include incompatibility and irreconcilable differences. All states offer no-fault divorce; however, some states require a separation period before divorce can be granted. No-fault divorces are still subject to legal battles over property distribution, child custody, child support, and alimony.

Alimony : What is it?

Child Custody : What is it?

Ruling of a court that determines who should have physical and/or legal control of a minor under eighteen years old.

Divorce can be especially hard on children. As a result, it is important to resolve child custody issues as soon as possible. Determining what types of custody and/or visitation rights are appropriate can be difficult, and consulting a family law attorney can aid compliance with child custody laws.

There are four types of child custody:

• Legal Custody - The right of a parent to make decisions about a child's upbringing
• Physical Custody - The right of a parent to have the child live with him or her
• Sole Custody - One parent has both legal and physical custody of a child
• Joint Custody - Both parents share legal custody, physical custody, or both

Child Support : What is it?

Child support is defined as a payment made from one parent to the other for support of their children after a divorce or separation. Child support payments are usually made from the parent who does not have custody of the children to the parent who does. When a married couple has children, the husband is automatically deemed the father and may be required to pay child support after divorce. In cases involving children out of wedlock, paternity must be established before child support can be imposed.

The amount of child support paid is usually based on the incomes of both parents and how much time the children spend with each parent. For instance, if the mother earns less money than the father and the children spend more time with her, the father will generally pay more child support. However, it is important to remember that this will not always be the case, and that the courts determine the amount of child support awarded on a case-by-case basis (within certain child support guidelines). There are several factors the court takes into consideration when determining child support. These include:

• Income of Parent Without Custody - The court will take into account how much this parent makes and how much he or she can afford to pay.
• Income of Parent with Custody - The court will take how much this parent makes into account and how much further support is needed to take care of the children.
• Needs of Children - These can include healthcare, education, and other special needs.
• Standard of Living Before Divorce - This applies only to the children. The court takes the parents' standard of living into account when determining alimony awards.

Paternity : What is it?

Since fathers often pay child support, it may be important to establish paternity. Fathers that may be required to pay child support include:

• Acknowledged Father - The biological father of children born to unmarried parents.
• Presumed Father - There are four conditions in which a man can be presumed to be the father of a child:
  • The man was married to the mother of a child when it was conceived or born.
  • The man attempted to marry the mother of a child when it was conceived or born.
  • The man married the mother of the child after it was born and agreed to have his name put on the birth certificate or agreed to support the child.
  • The man welcomed the child into his home after it was born and considered the child as his own.
• Equitable Father - A father who is not the biological or adoptive father of a child, but who has a close relationship with the child that is encouraged by the biological parents.
• Unwed Father - A man who does not marry the woman who bears his child.

In most cases paternity is presumed under the law; however, there are many instances in which it needs to be legally established. One way to establish paternity is for the man to sign a form acknowledging that he is the father. This gives the mother the right to collect child support, but it also gives the father some child custody rights. It is important to fully understand the legal ramifications of establishing paternity before having any papers signed. Once established, paternity is difficult to change. If a man refuses to sign a voluntary paternity acknowledgment, a paternity test can be administered.

Adoption : What is it?

Adoption is a legal procedure by which an adult becomes the legal parent of a child that is not his or her biological child. Adoption laws vary from state to state, so it may be helpful to contact a family law attorney for more information.

What Type of Adoption is Right for You?

There are five main types of adoption: agency adoption, independent adoption, identified adoption, relative adoption, and international adoption.

Agency adoption refers to the adoption of a child through a private or public agency. Private agencies that offer adoptions are usually run by charities or social service agencies and generally place children who have been brought to them by the biological parents. Public agencies that offer adoptions are run by the state and generally place children who have become wards of the state.

Independent adoption refers to the adoption of a child without the help of an agency. Independent adoptions can be arranged with an agreement between the adoptive parent and the biological parent(s). Other independent adoptions may involve an intermediary such as a doctor or clergyperson. In either case, an attorney's assistance is usually required. Most states - except for Connecticut, Delaware, and Massachusetts - offer independent adoption.

Identified adoption can occur when the adoptive parent locates the birthmother of the child and then turns the adoption process over to an adoption agency. This allows the adoptive parent to find a mother who wants to give up her child and avoid the waiting lists at an agency.

Relative adoption refers to the adoption of a child by an adult who is related to the child by blood or marriage. The most common type of relative adoption is stepparent adoption. Grandparents can also adopt their grandchildren if the child's parents pass away.

International adoption refers to the adoption of a child from a foreign country. International adoptions are more complicated than domestic adoptions in that adoption guidelines for both countries must be fulfilled. In addition, an immigrant visa must be obtained from the U.S. Immigration and Naturalization Service (INS) and the adoptive parent must apply for U.S. citizenship for the child.

Elder Law : What is it?

Elder law is the area of law, statutes, regulations and decisions, which impact on the lives of older Americans and their families. Elder law spans and encompasses elder care planning issues, such as access to the appropriate type of medical and personal care, coordinating private and public resources to finance the cost of care, income assistance benefits, taxation, conservatorship, general estate planning, estate and trust administration issues (e.g., wills, trusts, and probate), counseling and planning for incapacity with medical directives, advanced directives and other alternative decision-making documents, as well as for possible long-term care planning issues, including home health care, nursing home care, hospice and respite care.

Elder law even covers some aspects of criminal law, including elder abuse, financial abuse of elders, fraud and other consumer protection issues, nursing home abuse, nursing home impoverishment and nursing home neglect.

There are three major categories that make up elder law:

1. Estate planning and administration, including tax questions;
2. Medicaid, disability and other long-term care issues; and
3. Guardianship, conservatorship and commitment matters, including fiduciary administration.

The following is an list of the areas in which an elder law attorney may practice:

• Health and Personal Care Planning (including advance medical directives and living wills);
• Pre-Mortem Legal Planning (wills and trusts);
• Fiduciary Representation (including guardianship, trustees and personal representatives);
• Legal Capacity Counseling (advising how capacity is determined and the level of capacity required for various legal activities);
• Individual Representation (of those who care or who may be the subject of guardianship or conservatorship procedures);
• Public Benefits Advice (including Medicaid, Medicare, social security and veteran's benefits);
• Advice on Insurance (including health, life, long-term disability and burial/funeral policies);
• Resident Rights Advocacy (including advising patients of their rights and remedies in matters such as admissions, transfer, discharge policies and quality of care);
• Housing Counseling (reviewing options and financing of options such as mortgage alternatives, life care contracts and home equity conversion);
• Employment and Retirement Advice (pension, retiree health benefits and unemployment benefits);
• Income, Estate and Gift Tax Advice;
• Counseling about Tort Claims against Nursing Homes;
• Age and/or Disability Discrimination Counseling (including employment and housing and Americans with Disabilities Act); and
• Litigation and Administrative Advocacy (including will contest, contested capacity issues and elder abuse).

Juvenile Law: What is it?

Juvenile law attorneys work on the area of law that deals with criminal law involving juveniles - persons not old enough to be held responsible for criminal acts. In most states, the age for criminal culpability is set at 18 years.

Juvenile law is mainly governed by state law and most states have enacted a juvenile code. The main goal of the juvenile justice system is rehabilitation rather than punishment. However, juveniles can be transferred into adult court if the juvenile court waives or relinquishes its jurisdiction.

The federal government has pretty much confined its role of funding state efforts to prevent juvenile delinquency and setting starndards for state laws. Congress passed the Juvenile Delinquency Prevention and Control Act in 1968, which was later revised and renamed the Juvenile Delinquency Prevention Act. The purpose of this act is to help states and local communities provide community based preventative services to youths in danger of becoming delinquent, help train people who provide those services and provide technical assistance in the programs.

The Federal Juvenile Delinquency Act defines juvenile delinquency (any act that is othewise a crime, but is committed by someone under 18 years of age) and sets forth rules by which state laws must comply with regard to juvenile court procedures and punishments. Juvenile crime is called an act of "delinquency" and requires court intervention to correct the delinquency. These courts are known as juvenile courts and they have their own special rules and procedures. If you are found guilty of a juvenile law crime, you may be sent to a reform school or another public institution, placed in a foster home, or returned to your parents and placed on probation or house arrest.