Family Law - An Overview

Family Law Overview

Family law encompasses the laws and regulations pertaining to familial connections. In addition to intrafamily relationships, this also entails how families function within society. It is an area of law that heavily relies on societal values regarding interpersonal treatment among relatives. When faced with a significant decision concerning a crucial family bond, seeking guidance from a family law lawyer can greatly aid in comprehending the complexities, and ultimately, help you achieve a satisfactory resolution.

What is Family Law?

Family law encompasses a broad range of topics.  It includes marriage and relationship planning, premarital or prenuptial agreements, divorce, paternity, spousal support, child custody, child support, adoptions, Protective Orders, post-nuptial agreements, and separation agreements.

Marriage

In addition to being a romantic union, marriage is a legal and business partnership. While no one marries with the intention of divorcing, it is prudent to resolve financial issues and potential disagreements through a prenuptial agreement in the event of a future divorce. 

Divorce

Divorce is the legal process of ending a marriage between two individuals. It grants individuals the right to remarry and determines the division of marital assets, debts, support obligations, custody issues, and child support. While each state has its own approach to these matters, many follow similar principles. 

Virginia recognizes both fault-based and no-fault divorces.  No-fault divorces are based solely on how long parties have lived separate and apart.  Fault-based divorces include conduct such as cruelty, adultery, desertion, and conviction of a felony. 

The main issues to be resolved in a divorce include alimony or spousal support, property division (equitable distribution), and child custody and support if there are children involved. While amicable resolutions lead to quicker divorces, disagreements over finances and children often prolong the process. It is important to seek early guidance from a family law attorney to help achieve favorable outcomes in these contentious areas.

Child Custody & Visitation

The post-divorce care and upbringing of children can often be a source of ongoing conflict for separated parents. Custody arrangements must address both physical and legal custody, with the former typically involving with whom a child lives, while the latter includes a determination of who has the right to make important decisions on behalf of a minor child. Whether through mutual agreement or court determination, custody determinations revolve around what is in the best interests of the child. There is no presumption in favor of either parent when determining custody.  The primary consideration is what is in the best interests of the child, and the court must consider a number of statutory factors in resolving that question. 

Custody disputes are often emotional and contentious and may involve complex mental health issues for parents or the child. The experienced and empathetic team at Shannon Otto Law, PLLC can offer guidance and support in establishing effective custody agreements that prioritize the well-being of your children.

Child Support

It is the responsibility of parents to provide financial support for their children until they reach the age of majority.  In Virginia, a duty of support is owed until the child turns 18; however, if the child is still in high school and living at home, child support continues until the child reaches 19 or graduates high school, whichever occurs first.  Child support may continue beyond the child's emancipation in the event the child is permanently and severely disabled.

Child support is calculated based on a statutory formula set forth in the Code of Virginia.  While it may appear simple, there can be many complexities involved in the determination of child support.  Issues such as a parent’s income, the custody/parenting time schedule, spousal support, the cost of the child’s medical insurance, the cost of the child’s work-related childcare, all factor into the determination of child support.  Our firm's family law attorneys can offer guidance and assistance with navigating the specific requirements associated with a determination of child support.

Adoption

The process of adoption requires court action and approval to reach finalization. Each state has individual policies and procedures for adoption, including measures to evaluate the suitability of the adopting parents. Adopted children are entitled to the same benefits as natural children and parents have the same legal responsibilities towards them. Our attorneys, specializing in adoption, can assist both adoptive and birth parents with every step of the adoption process.

Conclusion

There are a number of legal consequences associated with family relations. We can help you make the best choices for your family by explaining the laws that apply to your specific situation, whether you are contemplating marriage, separation divorce, or adoption.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.