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What is Family Law
With his family law, family law is also known as domestic relations. They need. First thing: we need to understand about family law or domestic relations. Is it's basically a matter of state law? There'S there's very little federal law involved, except when it comes to tax in and perhaps pension areas. So so most the family law is going to be a matter of state law and and family law is the way I look at it.
It'S all about relationships and there's two main relationships that we're talking about the marriage relationship and the parent-child relationship, and as we look at those relationships where we in family law, we are concerned with how those relationships are created once they're created during their duration of their Being whether the rights of the parties involved and then thirdly, how are the is the relationship that we're talking about in the marriage relationship or the parent-child relationship? How is it terminated if it ever is terminated? So that's what a family law that's just an overview of an outline, and this is a family law right here. So let's look a little bit further at each one of these components, starting with the marriage relationship. Now, how is the marriage relationship created in Texas and and many other states there?
There are basically two ways: that's created either formally or with sometimes called ceremonial marriage, and that's where there is a license that is required and then also, as I said, in Texas and some other states. We have something called an informal marriage or what a lot of people call common-law marriage. Some states don't recognize that it can't be created there, but in other states it is created. So that is a subject of litigation. Sometimes, whether or not there is even a marriage, when there hasn't been a formal or ceremony involved a formal marriage with it with a ceremony in the license in some jurisdictions, you still may have a marriage, and so that sometimes there's a litigation over over that now, There'S also an issue of is this marriage, even if there it has come into being, maybe even through a ceremony or formally?
Is it a void, marriage or is it voidable and there you're talking about with, is voidable this notion down here of annulment and we'll talk about that in just a moment. But this notion of isn't void marriage because there are going to be some relationships that you just cannot create a marriage once a relationship. There is already a marriage in place and, if that's so then that subsequent attempt to have a marriage is going to be void and there are some family relationships that exist, that by state law, prohibit the creation of a of a marriage relationship like you can't create A marriage relationship with your parent or your child, or an ancestor of any kind or descendant of any kind. You cannot create a marriage relationship with the sibling of a parent that be an aunt or uncle and so forth. So there those types of relationships are going to be void, so there is no marriage and then we have a number of situations where the parties would say we are legally married. We were legally married that I want to erase that I want to make it to where it never happened.
That'S not the same thing as the divorce. What we're talking about is an annulment and those situations are going to what we call voidable marriages, where someone didn't have capacity when they actually consented to the marriage they were intoxicated, perhaps, would be one example, or they were underage and now that person or the person's Parents are coming to annul the marriage okay, what about once you have a marriage going? What are that? What are the rights and obligations of the parties? That'S involved with family law, whether the property rights that the parties have? What that, what liability for debts do the parties have for the debts of each other or the deaths that they create together in some states where, where, when we talk about community property versus separate property, there's a handful of states about eight states, so primarily in the In the southwestern part of the United States that follow this community property system of marital property, and so that that has a whole set of issues that go with that upon divorce, how we going to divide the property.
So those are some of the property issues involved and not to mention before a marriage. The parties perhaps may want, together into a premarital agreement or a prenuptial agreement, to decide how what's going to happen with their property in the event of divorce or perhaps death, or something like that. Then it's basically a contract between the parties and it can override whether what state law might otherwise provide okay and then how do we terminate the marriage relationship? Well, death will do it, obviously, and but also divorce, and that's how we terminate American. I'Ve got an annulment here, and I've already talked about annulment, but annulment you're really not terminating a marriage. The way I look at it you're say you're, it's enormous, a time machine you're going back in time and say it ever happened. But if you want to say that's one way we terminate the marriage relationship or make it go away. Well, we'll add that to the list, but annulment is basically saying this. Marriage relationship never did exist because it was avoidable, it never existed and that's why some people get confused with the difference between divorce and annulment divorce.
It actually did happen, and you don't want that relationship anymore and so you're going to terminate annulment, you're proving to the court that well, it actually did not ever happen or shouldn't be stated legally that it ever been. And so it's like, I said it's like an eraser and you-you're saying it never happened or it's a time. Machine you're going back in time saying did not happen. The second relationship is the parent-child relationship and once again we're looking at how is it created whether the rights and obligations of the parties, and then how is it terminated? So how has it created issues that are involved? There are, of course, paternity and when we're talking about paternity establishing whether or not that parent-child relationship, which is a legal relationship, whether or not it exists, the law in all the states depend heavily on presumptions and a presumption would be taking a fact. If you take a particular fact or set of circumstances as being true, then other things are also true or taken as-as true so a child, an example would be a child born during the marriage of a man and the woman. The presumption is that the man is the presumed biological father of the child and thus would be the parent of the child and parent would be the legal relationship. And there are a number of different presumptions like that. That will exist in the state laws of various states.
If you have no such presumption to establish that that this is presumptively the parent, then you go with a suit to establish paternity, a paternity action and paternity suit, and then of course, we create the pair child relationship through adoption as well. So that's how we create the relationship once you, we have the relationship created. What are the obligations and rights of the parties? Well, the parents have a bunch of statutory rights. The right of physical possession care control, discipline, support to clothe the child, shelter their even the right to the earnings of the child right to consent to marriage or-or medical and medical treatment. So those are just some examples and those lists these rights are listed in statutes of all the states, and then how will we terminate? Well, then, a suit to terminate that relationship is is would be the the way you would actually terminate that you have to file a lawsuit show that the grounds exist for termination of the suit according to the state law in effect, and then get convinced.
The judge to sign the court order, and so that's how you would terminate the suit to terminate the parent-child relationship basically make that what would be a parent, a legal stranger to the child, but the overriding issue in all of these. All of these is what is in the best interest of the child. That'S the overriding issue and principle in making decisions on everything regarding the parent-child relationship, there are going to be some other issues related matters and issues that we would call family law. First of these would be enforcement orders, the enforcement of orders such as child support. The judge makes the child support order and someone doesn't pay their child support.
You have to go in and ask the judge to hold that person accountable through contempt power or some other mechanism that may be available under state law. That applies to visitation and even property division that on the divorce, when someone doesn't deliver or take doesn't deliver property. That'S to be turned over to the other party modification of order so wants to raise child support, lower child support, change, the visitation or even challenge and change custody https://jamesnoblelaw.com.au/practice-areas/
All of that would be modifying orders that are in place and that's considered part of the family law name change of a minor that might be involved in and so potentially that could become under the umbrella of family law, removal of minority status, a minor saying, I'M mature enough to take care of myself and make my own decisions, even though I am under 18.
I ask the court to to. Let me do those things on my own behalf, so that that would be a matter of family law and something I don't have up here, but in some jurisdictions, even juvenile law, juvenile delinquency and children in need of supervision would also be a related matter in in Family law and then finally, family laws is a very broad subject, touches on many areas of the law, such as litigation, you're, going to litigate you're going to be in the courtroom, you're going to be dealing with evidence, property property law, real property, personal property, titles, title Documents deeds liens on property, business organizations if in the divorce that some the family owns or one of the partners in the marriage, owns a business and it may be part of the marital estate, part of the marital property. We'Re going to be involved with business organization law, tax law, you can't get away from tax law, and so that could have a huge impact in how we handle a family law matter and then basically, it really comes down to virtually any area of law. You could end up dealing with and a family law case, and so that's an overview of. We will
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