The path of human evolution has witnessed many varied forms of changes that were conducive to Darwin’s theory of ‘Survival of the Fittest’. In his book, Sapiens: A Brief History of Humankind, renowned author Yuval Noah Harari, aptly defines how human beings survived and emerged as one of the most powerful beings on the planet earth. Both these authors have suggested the human beings’ sense and practice of kinship as the deciding factor to this development.
The Definition of a Family
In simple terms, a family can be defined as a unit consisting of groups of individuals that are related in two primary ways:
- Consanguinity: Relations recognized by birth or blood relations
- Affinity: Relations recognized by an alliance of marriage or civil partnership
In anthropology, a family has different categories like:
- Matrifocal: Consisting of mother and her children
- Patrifocal: Consisting of father and her children
- Conjugal or Nuclear: Husband and wife along with their children
- Avuncular: An extension of a nuclear family where grandparents are included as well
- Extended: As the name suggests, this form of the family consists of various other relations along with the ones stated above
Considering the above definitions and categories, it can be easily detected that a family is a place, which is always a fallback option for any individual. However, these fallback options also have their drawbacks as at some point in time family members can turn averse to one another. The situations of such conflicts often need legal interventions, thereby giving rise to the creed of family lawyers.
In any culture and society, families have always been considered a blessing. Nevertheless, sometimes even there is trouble in paradise. It is the situation in families as well. It is not only the conflicts, where legal help is needed but also in happy additions like child adoptions.
Therefore, family lawyers are always right beside your every step of your journey only for your good.
In continuation of the above discussion, family law takes high precedence in the legal system of any country because a happy family and individual form the foundation of a strong nation. While the technicalities might vary, the primary concerns of the family lawmakers of every country are related to the well-being of family units and the respective individuals.
An unassuming common person might not be aware of the types of legal practitioners who are best suited to provide solutions to their legal issues. It is not a matter to be concerned about because we are in an age of superfast internet. Hence, understanding various legal branches like family law attorneys, cybercrime lawyers, etc. is just a click away.
Areas where Family Attorneys are of primary help
From the above discussion, it is evident that there are multiple branches where legal attorneys’ services are much needed. Some of the important areas where family attorneys are of great importance include:
Children are considered a blessing and completeness for many couples and individuals. However, adopting a child just like that is not the case, because each country has its own specific set of adoption laws. The situations become more complex where adoption happens on an international level.
The extensive legal procedures on child adoption are because of the notorious involvement of human traffickers in place of child adoption.
It is a common saying that ‘Marriages are made in heaven.’ However, divorces are not. While it is unfortunate that divorces happen, they always need legal aid for finalizing the process to end the marriage lawfully whether the proceedings are mutual or contested.
A mutual divorce is a much easier pitch for a family lawyer, whereas a contested one often demands the time and effort of the lawyers.
Divorces often bring various legal litigations along with them, where family attorneys have to toil a lot. Some of the issues a legal aid has to deal with in the wake of divorce are:
- Child Custody along with Visitation Rights: This factor comes into play when the separating couples have a conflicting decision about the custody of their children. This factor is often nasty to deal with and needs extreme care to handle not only for the couples but also for the legal aid who handle such cases.
- Alimony and Child Support: Alimony is the financial support that one of the partners receives post the divorce proceedings, which is decided during the long discussions of divorce settlements. Besides, another aspect of financial aid is child support, which the court ruled guardian received from the other parent. Both of these details need a lot of professionalism and empathy from the family lawyers.
- Prenuptial and postnuptial agreements: These agreements are legal bindings between two individuals about the arrangements of their marriages as well divorce proceedings (in case the unfortunate event happens). Such agreements usually cater to ultra-rich individuals.
Enforcement and Modifications of Foster Care
There are multiple cases where a child becomes homeless without any parents due to some hapless accidents. Besides, many children are victims of abuse in their homes themselves. In such events, the child’s care is taken by foster homes as deemed by the country’s law and needs well-versed family lawyers.
Mediation and Conflict Management
This is a well-treated area for any kind of family attorneys. Mediation happens in all layers of family laws whether it is divorce, adoption, childcare, and custody, or property litigations amongst families. Family legal aids play a great role in mediation amongst conflicting families to settle the matter outside of courts.
Protection in case of domestic violence
Domestic Violence is one of the major crimes in the list of crimes registered by many countries. Therefore, each country has definite laws against the protection of domestic violence a great role is played by family lawyers for protecting the victims of such cases.
Estate and Trust planning
While estate planning seems to be a property lawyer’s job, family law attorneys play a huge role as well. They often mediate in such planning if the family members become conflicted during the planning process and the whole situation needs legal mediation.