Family Law: Common Legal Issues Surrounding Marriage and Children

Family law deals with familial relationships, such as divorce, child custody, and child support. Several issues fall under this legal field, including paternity, adoption, and emancipation, but the first three are the most well-known.

This article examines some legal issues surrounding marriage and children in family law.

Legal Issues Surrounding Marriage

Marriage, often embarked upon with deep affection and the aspiration of a lifelong commitment, can unexpectedly introduce intricate challenges. These challenges can arise even before the journey together formally commences. Within the realm of marriage, there are several legal matters that merit attention, including:

Prenuptial Agreement

This agreement is a contract created listing each person’s assets and what rights they have should the marriage fail. The contract is often created before the couple is married and is typically controversial. It has pros and cons, and a family law lawyer guides each party on what to do.

Legal Separation

Legal separation occurs after the couple is married; it differs from a divorce in that it does not terminate the marriage. Instead, legal separation defines the legal rights and obligations of each individual.

Annulment

In an annulment, the law treats the marriage as though it never happened in the first place. More than simply terminating the marriage, the court pronounces the marriage null and void. There are limited grounds for annulment, including incest, bigamy, legal age issues, forced marriage, fraud, and intoxication during the marriage’s onset.

Divorce

Divorce marks the conclusive end of a marital bond, a process that can leave couples parting ways on amicable terms or embroiled in animosity. The aftermath of divorce can often lead couples down either path – one of reconciliation or one fraught with hostility. Regardless of the route taken, the welfare of the child always remains the paramount concern within the legal framework.

However, the need for divorce may be circumvented when a partnership exists within the confines of domesticity – a union not formally recognized as legal. In such instances, disputes involving child custody, alimony, child support, and visitation rights can still arise among parting couples, mirroring the complexities inherent to divorce proceedings.

Abuse

Within the context of marriages, the distressing specter of spousal abuse or domestic violence looms, a concern that surpasses the scope of prior discussions. Although not all marriages are brought to an end by the specter of domestic violence, a significant number are indeed brought to a close due to this deeply troubling phenomenon. This issue necessitates a deeper understanding and resolute action to ensure the safety and well-being of those affected.

Legal Issues Around Children

The involvement of children in a legal case can take a serious toll on all the parties involved. When adults are civil and willing to cooperate and communicate, child custody and child support arrangements are best. However, these arrangements do not always go according to plan, and lawyers must devise a reasonable solution.

Child abuse is another common, far too common, and very serious legal issue involving children. Crimes involving child abuse have widespread consequences, with implications for the family and criminal law. States take the maltreatment or neglect of a child very seriously, and they put laws and agencies in place to handle children’s welfare.

Conclusion

“Family law is a wide legal field involving marriages and children, among other things. The legal issues surrounding marriage include divorce, prenuptial agreements, legal separation, and annulment. On the other hand, legal issues surrounding spousal abuse or child abuse are much more serious and may result in the court ordering custody. A probate court may appoint a legal guardian allowing the latter to make financial decisions on behalf of the child,” says Attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm.