Family Law in the United States

My sister and her baby.
Image via Wikipedia

Family law is one of the most complex and emotionally charged legal fields in the United States judicial system. It is the one field that deals with the state and well-being of children, their well-being and the matrimonial status of their parents. Typically if a family must go to a court to settle a matter it is never a win-win situation for either party.

Currently the divorce rate in America is close to sixty percent, this means that nearly two thirds of all marriages in the United States will end up in a family law court at some point in time. If children are involved in the case then not only does it become a family law issue but also a custodial one. Children are a blessing but during a family law proceeding they can complicate the case greatly. The problem here lies with the fact that laws dictating custody, child support, etc. are very inconsistent from state to state which can lead to uncertainty and turmoil within a divorce or custody case.

Each state has the power to establish their own laws regarding child custody and child support. Certain states are very progressive. They deem that each individual case is different and dependent on the situation a ruling is made geared towards what will be beneficial for the child. However other states are more stringent in their enforcement of family cases and rarely stray from the precedents set forth by earlier cases. One of the greatest problems facing divorcing couples is the moving of a permanent residence of one of the parties involved. During a case and sometimes until the child in question is eighteen years of age, certain states will certain states will disallow the parent with majority custodial to move to another state without the express consent of their former spouse. If they do move they might have to forfeit their custodial rights to the child and be forced to pay child support. The key in all family law proceeding is to do your research and know your rights.

Enhanced by Zemanta

Speak Your Mind

*


*