Family Law Terms

Adoption:  The legal process in which a parent-child relationship is created between an individual(s) who is not the biological parent of a child and that child. Alimony/spousal support:  Court-ordered financial support of one spouse by the other spouse as part of a divorce. A court may increase or decrease the amount of alimony, if either party requests it from the court, upon a showing of a substantial and material change of circumstances such as loss of employment. Alimony may end upon death of either spouse or remarriage of the spouse receiving the alimony. Annulment:  A legal decree that provides that a marriage was never valid, the effect of which is to make it so the marriage never existed. Child custody:  There are two types of custody - physical custody and legal custody.    - Physical custody: designates where the child will actually live (with which parent)    - Legal custody: gives the custodial person the right to make decisions on behalf of the child A court may award joint custody (where both parents share custody of a child), which can be either legal or physical custody. When the child resides primarily with one parent, the non-custodial parent is generally given visitation rights. Child custody can be decided in cases of divorce, as well as in cases where one or both parents are absent, dead, in prison, unfit or dangerous to a child's welfare. A court will take into account the "best interests of the child" when making its decision. Child support:  A court-ordered payment by one parent to the custodial parent of a minor child after divorce or separation typically until the child reaches the age of majority (between 18 and 21 depending on the state) or completes college. The amount of support may be based on the income of both parents, the number of children, the expenses of the custodial parent, and any special needs. It may also include health plan coverage, school tuition, and other expenses. Child visitation:  When the child resides primarily with one parent, the non-custodial parent is generally given visitation rights. Visitation can include weekdays, weekends, holidays and vacations. It can be unsupervised or supervised depending on the fitness of the parent and the best interests of the child as determined by a court. See also Child Custody. Common law marriage:  Some states recognize couples as being legally married when the couple have been living together for a long period of time, represent themselves as a married couple and/or as intending to be married. Declaration of paternity:  A court ruling declaring the identity of the father of a child. See also Paternity. Divorce:  The process of legally terminating a marriage. Papers need to be filed with the court seeking a divorce, and setting forth the appropriate statutory requirements which vary from state to state. Family law:  The area of law dealing with divorce (termination of marriage), child custody and support, adoption, guardianship, and other matters having to do with family-related issues. Family lawyer:  A lawyer who represents clients in matters relating to divorce (termination of marriage), child custody and support, adoption, guardianship, and other matters having to do with family-related issues. Fraud:  Intentionally deceiving or lying to another person and causing him damage or to suffer a loss Grounds for Divorce:  The legal reasons or basis for the divorce. All states require that the party seeking a divorce state the "grounds for the divorce" in the papers filed with the court. In some states the fault of a party must be stated. In other states, known as no fault states, there is no such requirement. Guardian:  An adult who has been granted the legal right by a court to control and care for a minor child (or an incapacitated adult) or his/her property. A "guardian of the estate" oversees the child's property. A "guardian of the person" has legal authority to make decisions for the child regarding his physical, medical and educational needs. Sometimes one person will be named to take care of all of these responsibilities. Guardianship:  The legal relationship created by a court between a guardian and his/her ward - either a minor child or an incapacitated adult. The legal relationship creates a right and a duty for the guardian to care for the ward to make personal decisions on the ward's behalf and/or to manage the ward's property. Mediation:  An alternative dispute resolution method to filing a lawsuit in court. The adversaries can resolve their dispute by meeting with a neutral third party (the mediator) who will help them come to a mutually satisfactory resolution of the dispute. The mediator has no power to impose a resolution like a judge. There are no formal rules of evidence or procedure. Minor:  A person under the age of majority (which depending on the state is between 18 and 21) under the care of a competent adult (parent or guardian) who is not "emancipated" (i.e., in the military, married or living independently with court permission). Paternity:  The identity of the father of a child. Frequently, lawsuits are filed and/or a paternity test is taken to determine paternity and to provide for child support once the father's identity has been established. See also Declaration of Paternity. Prenuptial/Premarital agreement:  A contract made by a couple before marriage that sets forth certain terms of the relationship usually involving finances and property. It will usually establish ownership of property and whether alimony or some other form of payment will be paid should the couple divorce. Separation:  When partners in a married couple no longer reside in the same dwelling. It can become a legal separation if a court rules on the division of property, alimony, and child support, but does not grant a divorce. State custody:  To be in an institution controlled by the state, such as foster care or an orphanage, a prison, or a mental hospital. Ward:  A minor child or incapacitated adult who is cared for (or whose property is protected) by a guardian. See also Guardian and Guardianship.