Family Law Lexington NC

The most common area of family law in all 50 states is marriage and divorce. While there is a lot of focus on the religious aspects of marriage and getting married in a church, the court house is the place where the legal rights of married couples are managed. A marriage license entitles couples to special tax benefits, joint custody over children and a number of other tools to help navigate the difficult waters of marriage. You should review your marriage license closely for typographical errors and other issues along with your spouse before signing to stave off legal issues down the road.

Marriages in America have been under fire lately because of the high rate of divorce. Nearly half of every marriage in the United States ends in divorce with many people marrying several times in an effort to find true love. Divorce negotiations and settlements is a boom industry for family state law experts but it is a heart wrenching experience for most people. You should familiarize yourself with prenuptial agreement laws and appropriate grounds for divorce in your state if either you or your spouse make a large salary and possess a significant financial portfolio. You should also look into annulment as an option instead of divorce because it allows swifter action for both parties involved.

The aforementioned rise in divorce rates has also been accompanied by a parallel rise in people having children with multiple partners. The issue of paternity and the legitimacy of a parent’s claim as legal guardian for a child is a hot button issue in family law. DNA testing and other means of identifying paternity scientifically have been aided by greater public attention and higher budgets for state crime labs to identify paternity in criminal cases.

Your ability to prove paternity for a child comes down to a number of factors beyond science. An overwhelming amount of anecdotal evidence including the testimony of family members and friends can help prove your connection to a child legally. Documents like an original birth certificate and medical records with your signature may hold little legal weight on their own but are compelling when combined with other evidence. It is important to consult a family law expert in your community as soon as you realize there may be an issue of paternity to compile evidence on your behalf quickly.

One of the most significant issues that arise when a marriage is dissolved is custody laws and visitation rights over children. Lawyers who delve into family law will attest to the complex interrelationship of emotions, legal logic and bureaucratic maneuvers that go into child custody hearings. Your approach to gaining custody over your children needs to be deliberate to avoid inciting an angry reaction from your former spouse while protecting your right to live with your own child.

An alternative within family law to outright custody over children is visitation rights. Visitation rights dictate a certain number of hours or days that a child is legally able to spend with a certain parent. The major problem in visitation rights lies with fathers who are traditionally given short-shifted when it comes to visitation. Judges who listen to child custody and visitation hearings need to be given a compelling reason for awarding significant visitation rights because this time breaks up time spent with the parent who has legal custody. For more information about custody laws, it is a good idea to speak with a professional that specializes in the area of custody law.