Children in Family Court are given legal council and a child advocate to ensure their fair treatment and protection
Family law covers children's needs and how they apply to family or parental concerns. The primary focus on children in family law is to have decisions made that are best for the child. This includes matters involving the child's physical or mental health, domestic violence, physical or sexual abuse, and divorce. A family law attorney should always be consulted or retained when there are children involved.
Child Custody and Divorce
Divorce is a highly charged emotional issue, and the case can be decided in family court.
Divorce is a highly emotional issue, especially if children are involved. Child custody may be determined by parents and settled out of court, but if parents are unable to come to an amicable arrangement, the court will decide custody and other custodial matters such as child support. The court uses certain procedures and other considerations when determining custody.
Children of Indigent Parents in the State Welfare System
Issues related to children and indigent parents are care and protection proceedings, termination of parental rights, and state agency sponsored guardianship or foster care. The National Child Welfare Resource Center on Legal and Judicial Issues works to ensure proper permanence and well-being for children through the legal and judicial decision-making process. Children and parents are given free legal counsel in most states.
Domestic Violence and Children
Family law helps set protections for children caught up in domestic violence.
Between 3 and 10 million children are exposed to violence in the home every year, according to a 2005 brochure issued by the American Bar Association
Commission on Domestic Violence. A child's emotional development is negatively impacted by living in a home where domestic violence occurs. Screening tools are available for family law attorneys and child advocates to use to help prosecute domestic abuse cases and to provide the best options for children.
Child Advocates in Family Law
Most states provide specially trained, court-appointed advocates for children to speak on their behalf.
Approximately 780,000 children get caught up in the family court and state child welfare systems because they cannot live safely at home, have neglectful or abusive foster parents, or other reasons related to their safety. Family courts provide specially trained court appointed child advocates to represent children to help ensure they are treated fairly. Advocates stay with each child until they are either placed into a safe permanent home or are returned to their parents.
Child Visitation in Family Law
Child custody and parent visitation rights are usually determined by judges in family court.
Family law judges base visitation rulings on circumstances related to a child's home life. In cases where a child would not be emotionally or physically safe with a custodial or noncustodial parent, a family law attorney can recommend supervised visits, no visits or even visits with certain conditions attached, such a parent having to pass a drug test first.
Attorneys for Children in Family Law
Some law students choose to major in family law or family law as it pertains specifically to children.
Most law schools have coursework designed specifically for law students wanting to practise children's law in the family law arena. The curriculum may include divorce and custody issues along with specialized topics such as juvenile justice and adoption.
Tags: domestic violence, child advocates, children caught, Children Family, children involved, children involved Child, Divorce highly