Family Law Litigation and the Best Interests of the Children
Family law is a field of the law which deals primarily with family related matters and family related affairs. It is a branch of the civil law system dealing specifically with issues that pertain to family and domestic matters. Family law is a lot more complex and demanding than ordinary civil law. It deals with all sorts of aspects that have anything to do with family relationships.
As opposed to civil law, family law does not deal with persons’ individual rights and privileges but those of the family. This means that one’s individual rights are not guaranteed in this practice area but family relationships are recognized and given special status. Family law deals with issues such as adoption, prenuptial agreements, child custody and alimony. The importance of family law is evident from the fact that the vast majority of marriages end in divorce and those that do not will end in separation without the involvement of a court of law.
There are two types of family law litigation; one deals with matrimonial matters while the other deals with issues pertaining to child custody and alimony. Matrimonial matters can be settled through arbitration, mediation or through a court of law. In the case of divorce, a decree is made by the judge and is applied in terms of child custody, spousal support, partition of marital property, visitation rights and any other relevant issues that are of concern to the parties.
Civil cases fall under the category of ‘legal systems’ and are dealt exclusively through the civil courts. This is unlike in family law where the parties are represented by their respective attorneys who take on the role of defense and prosecutor. The concept of civil case is that both the parties are represented by their attorneys. In a civil case, one will either win or lose; the one who loses will have to repay the expenses borne by the other. This is unlike in criminal cases where the state provides the attorney for free and reimburses him for every win.
The role played by the attorneys in family law litigation is very vital and complex. It is essential for every citizen to seek legal counsel whenever there is any kind of dispute between the two parties. There are many different kinds of cases and different kinds of attorneys. To get the best advice you must be well aware of the different types of litigation.
Every family law attorneys have different specialization; some specialize in family-related litigation, while others concentrate in divorce or child custody. You can choose the attorney based on the type of case you want to be handled. The best interests of the children are always the ultimate aim of the attorney. They strive to maximize the interests of their clients.