Any couple can face issues along the way, and conflicts are inevitable now and then. These conflicts are sometimes resolved, while in some cases, they sabotage the relationships. And these conflicts get worse when there are children involved. Family law plays a significant role in safeguards a child from the adverse effects of family conflicts.
What Is Family Law?
Family law regulates family conflicts such as economic issues, marriage, and divorce and looks after the upbringing of children. Family law is in place to ensure the safety of a family, especially a child, from violence at the hands of one or more members of the family.
In cases of divorce, family law oversees the custody litigation to ensure that the future of children is secure and they get a safe and healthy environment.
Process Of Child Custody Litigation
In the case of divorce, the children suffer the most. Some of them hardly even understand what divorce is and why their parents are separating. Therefore, a regulating authority must ensure that the custody of the children remains with the parent who can offer resources for the upbringing and the care and love to nurture them.
Both parents appear in front of the court with their lawyers to fight for the custody of the child and present their arguments. The judge then gives the child’s custody to whom he deems fit. It can also rule in favor of equal shared parenting.
Factors That Play A Role In Custody Litigation
Court asks parents if they want full custody of the child. If one refuses, the decision is easy. Otherwise, litigation proceeds to the next step.
If the child is old enough, they will be asked what they wish for and which parent they want to live with. However, in the case of young children, the court refrains from putting such pressure on them. Court also considers the kind of relationship the child shares with each parent. The mental and physical condition of both parents and children is taken under consideration to ensure that the child gets complete care and love. The court will get into the parents’ plans and will try to ensure that the child stays with the parent, where they will have to adjust less. The court reviews past cases of neglect on behalf of parents towards children or the allegations of parental alienation.
Role Of A Lawyer In Family Conflicts
At the time of conflicts, you are already grieving, and it is not the time for you to have to fight for your child’s custody or preserve your rights. That is why you may hire a lawyer from Kirkland & Ellis. You can hire a law firm that heads a team of competent lawyers having expertise in family law.
Family conflicts, when getting out of hand, are solved by the family court. To create a case, file a lawsuit, and fight it in court, you need a lawyer who can tackle anything the opposite party throws at you. For any type of conflict that comes under family law, reach out to your lawyer.