Family disputes are often emotionally charged and difficult to manage. It is important to understand your legal rights and options before making any decisions regarding a family dispute.
Family Relationship Centers and premier family law firms in Brisbane offer a variety of family dispute resolution processes. Stone Group Lawyers and neighborhood legal service groups may also be able to help you with low cost legal assistance.
Child Custody
In the context of divorce or legal separation, child custody rights determine which parent will be responsible for a child’s care and upbringing. Courts generally award either physical or legal custody. Physical custody refers to a child’s right to reside with a parent, while legal custody is the right to make decisions on behalf of the child. Courts typically favor those parents who can provide a stable and consistent environment for the child. They also look at the ability of both parents to nurture a positive relationship with their child. A child’s preference may also be considered, though this is less likely to influence the court’s decision than the best interests of the child.
Regardless of which parent is awarded physical custody, both parents are expected to share joint responsibility for the child’s well-being. The court will look at all aspects of the parents’ ability to care for a child, including financial security, work schedules, and other lifestyle factors. For example, if you are a father and you can demonstrate that your daily routine would allow for more frequent and longer periods of time with the children because of your flexible work hours, this could improve your chances of obtaining custody. The court will also consider whether you and your co-parent have similar living arrangements, which can help foster a sense of consistency for the child.
Unfortunately, some parents violate custody and visitation orders. Examples include being late for pick-ups, withholding visits, or even taking the children out of state or country without permission. A parent who violates these kinds of court orders may be held in contempt of court and could face fines or jail.
A family law attorney can help you understand your custody and visitation rights and prepare a strategy to pursue them in court. A lawyer can handle your case on a retainer or for a flat fee. They can represent you in mediation, collaborative law or family court to negotiate a settlement, or they can take your case to trial if necessary. Family court is usually less formal than civil or criminal court, but you should still seek legal counsel to ensure that your interests are protected.
Visitation Rights
If the judge grants both parents custody and visitation rights, the parents will typically come up with a schedule that works for them. This may include every other weekend, holidays, a few days during the week, or other arrangements that work well with their family’s schedules. This will allow the child to maintain a relationship with both parents, which is usually best for the child’s mental and emotional health.
A judge will only limit or deny a parent’s visitation rights if the court believes that it is not in the child’s best interests. If the court determines that a parent has a history of abuse or neglect, they will likely be denied visitation rights altogether or only allowed to see the child during supervised visits. In some cases, a psychologist may be called in to monitor the child during visits to ensure that they are not being affected by negative emotional influences from the noncustodial parent.
Grandparents or other family members can also be granted visitation rights to a child, but they will only be granted if the court decides that it is in the child’s best interests to do so. If the noncustodial parent is not exercising their visitation rights, the custodial parent can file a petition alleging that the other parent is violating the order. This will lead to a hearing where the judge can change or enforce the visitation schedule and possibly impose penalties for violation of the order.
In some cases, the noncustodial parent will try to use allegations of abuse or neglect to prevent the other parent from having time with their child. This is often known as parental alienation syndrome and is a type of emotional abuse that some parents use to manipulate the other parent into refusing contact with their child. It is important to keep accurate records of all incidents that occur during a visitation period and to document any communication between the parents regarding visiting hours.
The judge will hear all of the arguments that are made in court and reach a decision that is enforceable by the law. However, some parents would rather spend less time in court and save money on legal fees by working with a solicitor to negotiate their child custody and visitation agreement outside of court. This is an option that is available through mediation or other alternatives to traditional litigation.
Child Support
Parents have a legal duty to provide for their children, regardless of whether they are married or separated. The state sets the amount of child support, oversees enforcement of that obligation and can punish a parent who fails to pay. Child support payments can cover costs such as food, clothing and shelter, transportation, medical care, child care and extracurricular activities. The court takes both parents’ incomes into account, as well as their ability to contribute to the child’s needs.
If both parents have a high level of income, they may not need to pay much in child support. Conversely, if one parent’s income has decreased, the other parent may be ordered to pay more. The amount is determined by a complex set of guidelines and can be adjusted as circumstances change.
A parent may be asked to provide proof of their income by bringing tax returns, pay stubs and a financial disclosure statement to court. The court will then calculate what is known as a “guidelines income” and notify both parents of the amount. Parents can hire their own attorneys or choose to represent themselves in family court. A lawyer can help explain the court’s guidelines, but a judge will decide the final order. Parents who cannot afford an attorney may be assigned one by the court.
Mothers and fathers who spend child support on themselves or on other expenses not related to the children’s needs may be committing a crime called misuse of child support. The court can penalize these actions and order the offending parent to attend parenting classes or take other action.
Parents who have difficulty reaching a voluntary agreement on child support may want to consider alternative dispute resolution (ADR). A neutral third party can facilitate discussions between the parents and help them understand each other’s position. These methods can reduce conflict and lead to a better solution than a trial in court. However, these options are not available in every case and require both parties’ willingness to try. For this reason, it is important to consult with a family law attorney as soon as possible.
Property Division
A family dispute can involve property issues, and these can be complicated. Depending on the state where you live, there are rules that determine how property is divided up when spouses divorce. For example, some states are community property states while others are equitable distribution states. The law says that judges in these states must divide assets and earnings accumulated during the marriage equitably, but not necessarily equally.
The first step is identifying what assets are separate and which are marital. This involves making a list and estimating how much each asset is worth. You might need to hire an expert to set an accurate value for some types of assets, like real estate or business interests.
Once you have identified all of your assets, you can decide what should go to which spouse. It is often better to agree on this before you take the issue to court. This can save you time and money. However, the judge can override your agreement if it is not fair and reasonable in his or her view.
When the judge does split up your property, he or she must consider all of the factors in the law and make a decision that is fair and equitable. Having an experienced attorney by your side can help you avoid unfair and unreasonable property division awards.
If you and your spouse can agree on how to split up the assets, a court will generally approve the settlement you have reached. This is called a property settlement agreement and can also include a custody and visitation agreement. However, if you and your spouse cannot reach an agreement on your own, the case will have to go before a family court judge to resolve the issue.
If you and your spouse have a high net worth or own complex assets, it may be difficult to decide how to split the assets up. A lawyer can work with you to understand how New York property division laws may apply in your case and make recommendations for a fair and equitable split of assets and debts.