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Child abuse comprises a range of harmful and damaging actions against minors. These include physical and sexual abuse, mental harm, and neglect. States treat child abuse allegations seriously. Cases can result in termination of parental rights and/or incarceration. Child abuse laws, aspects of mandatory and permissive reporting laws, and how states work with social services vary.
A domestic partnership is a legally recognized form of a committed relationship. Not all states recognize domestic partnerships within a legal context. To receive some of the benefits married couples enjoy, some couples may choose to legally formalize their relationship. They may file for a domestic partnership or a civil union. A domestic partnership provides the two parties with some of the legal benefits of marriage. Just as recognition of domestic partnerships varies by state, so too do the benefits.
A guardianship is a legal relationship established by the courts to allow someone (a guardian) to make decisions on behalf of another (a ward). They do so because the ward is unable to make important decisions for themselves, either because they are underage or because they are not physically or cognitively competent. The type of guardianship a judge will order depends on the kinds of decisions a guardian needs to make on behalf of the ward. A guardian will need to be legally appointed to their role, usually by a probate court judge.
Paternity is the legal establishment of the identity of a child's father, often using DNA testing, which may be a factor in cases involving child support, custody, adoption, and inheritance. Establishing paternity can help a mother enforce child support orders or, in some cases, reunite estranged fathers with their children. Because paternity is not determined solely by a birth certificate or a blood test, a father who is not married to their child's mother needs to acknowledge their paternity voluntarily. Otherwise, the father may lose their rights to someone else who makes the effort to become the child's presumed father.
A family law attorney generally handles matters that involve the family court system, including family-related issues and domestic relationships. Some of the common practice areas California family lawyers handle include:
Family lawyers may work in many capacities, including as a private lawyer in a small family law firm, a family law lawyer in a big firm, for county or state government agencies, in nonprofit organizations, or as a state attorney. Attorneys act as advocates for their clients, which may include representing the interests of a minor child in child abuse or juvenile dependency hearings.
A large part of family law practice involves divorce. Divorce can be a difficult process, especially when the couple is in dispute over how to handle the separation. A contested divorce can get complicated when emotions are involved, often involving money problems or infidelity. Divorce is a major life-changing event and it can be difficult to navigate on your own.
In general, a divorce lawyer can only represent one spouse in a divorce. There is a conflict of interest in trying to represent both spouses. When you find a family law attorney, your attorney will act as an advocate for you and advise you in your best interests.
In an uncontested divorce, a family law attorney can help their client prepare the divorce order, with all the issues settled between the couple, including division of property and child custody and visitation. In an uncontested divorce, there is nothing left for the court to decide and the court may issue the final divorce court order after making sure the couple has met all the statutory requirements to legally end the marriage.
In a contested divorce, there may be a dispute over many issues, including property, alimony, and child custody. If the couple cannot settle these issues through negotiations or mediation, it may be left up to the family court judge to decide how to settle the disputes. Contested divorces can take longer and be more expensive for each spouse.
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