All marriages go through periods when the man and wife disagree. If such disagreements occur repeatedly, and if the disagreements encourage an escalation of divisive tendencies coming from one or both spouses, then they can lead to divorce. When that happens, then the couple needs to contact an attorney who specializes in family law.
The family lawyer who handles a family law case seeks to get an equitable settlement for his or her client. Sometimes the settlement concerns no more than payments to one divorced spouse by the second divorced spouse. Often a settlement must deal with certain jointly-held possessions, such as a home. In that case, the family lawyer seeks to obtain an equitable solution regarding which party (if any) should be allowed to live in the home.
When a divorced couple has children, then the family lawyer usually pushes for joint custody. With joint custody, each parent can enjoy some time with the couple’s children. The family lawyer who handles such cases works closely with the parents to develop a schedule that both parties can agree to.
The development of such a schedule can be time consuming. The family lawyer must deal with concerns such as the desire to have children present during a birthday or holiday. One family lawyer in California once had an especially challenging problem. The husband of his client wanted to have custody of his son during the Muslim month of Ramadan. Yet the dates of Ramadan change from year to year, because they are fixed on the lunar calendar.
The woman’s lawyer finally laid out a plan to which the woman’s husband could agree. That plan allowed the divorced father to enjoy his son during Ramadan. The father had to make any needed arrangements that related to possible schooling for his son during that month.
Beyond divorce, a family lawyer can help in other family law cases. Sometimes grandparents have had reason to approach a lawyer with a family law case. Sometimes a divorced man or woman has refused to allow the couple’s children to visit with former in-laws. Once that has happened, then the in-laws could decide to seek their grandparents’ rights.
What could precipitate such bad feelings between a spouse and his or her in-laws? It could concern accusations of domestic violence. Unfortunately, the citing of domestic violence occurs far too often among the reasons why a spouse has requested a divorce. Issues relating to domestic violence underline the personal nature of much family law.
Sometimes a family family lawyer needs to deal with a family’s request for asylum. In that case, the family lawyer needs to prove that the family would face danger if deported back to the country from which the family originally came. The lawyer might look for a medical reason why the family should get asylum. In the absence of a medical reason, the family lawyer would need to prove a need for religious or political asylum.
Requests for adoption can also fall under the category of “family law.” Then the lawyer must gain permission for a couple to adopt a child.