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Family law cases are often complex, and they can cover a broad range of circumstances. Because this area of the law is so extensive, it might be confusing to determine where your case falls on the spectrum. Below is a list of the most common types of family law cases you’ll encounter.

5 Common Types Of Family Law Cases

Divorces

Not surprisingly, divorces make up the lion’s share of family law cases.  Any time one or both parties want to dissolve their marriage, they must do so in a Domestic Relations Court of proper jurisdiction and venue.  Divorces can be of two types: uncontested and contested.  Uncontested divorces are those divorces in which the parties reach an agreement at the outset and, often with the assistance of an attorney, file the requisite documents with the court.  The most important document is the settlement agreement signed by the parties. The court will review the documents filed, make the agreement part of its order, and divorce the parties, all without need for a court appearance by either party.  Contested divorces are those divorces in which the parties are not in agreement at the commencement of a divorce action.  These types of divorces follow the standard litigation pattern: A complaint and answer are filed, the parties engage in the discovery process, and eventually, a trial is conducted, with the Court issuing an order at the trial’s conclusion that divides the marital property, dissolves the marriage, and makes decisions as to the care, custody and control of any minor children of the marriage.  

Custody Modifications

family lawAnother very common type of family law case is the custody modification.  After a court has made an order as to the custody of a minor child, a party may file a new action asking the court to change or modify its last order, i.e. to modify custody.  To succeed, a party must show that there has been a material change in circumstances and that the change in custody will materially promote the welfare of the child such that the inherently disruptive affects of changing custody are outweighed.  This is a higher standard than courts use when making initial custody determinations, where the court only considers what is in the best interest of the child.

Juvenile Dependency Actions

Family law is a broad umbrella that encompasses many types of cases, including some juvenile cases.  Alabama law permits interested third parties to seek custody of a minor child in Juvenile Court if that party can show that the child is dependent and that awarding custody as requested would be in the child’s best interest.  Additionally, if the third party is seeking to gain custody from a custodial parent, that party must also prove that the parent is unfit to have custody of the child.  These types of family law cases often involve a grandparent or other relative seeking custody of a child because the parent, for whatever reason, is unable to care for the child.

Paternity and Child Support

Many family law cases involve either the mother or biological father asking the court to establish paternity.  Though somewhat counterintuitive, the mere fact that one is a child’s biological father does not necessarily guarantee that he is considered that child’s father under Alabama law.  In order to be ordered to pay child support and obtain either custody or visitation, among other things, a person must first be found by the court to be the child’s legal father.  These cases are often commenced because either the biological mother wants the biological father to be ordered to pay child support or because the biological father wants a court order deeming him the legal father and ordering that he be allowed visitation with the child.

Relocation Actions

In cases where one parent seeks to move either across state lines and/or more than sixty miles away from the other parent, he or she must give the other party notice in accordance with the Alabama’s relocation statute notifying of the other parent of the new proposed address and updated contact information.  If the other parent properly objects within thirty days of being notified, then the Court will decide whether to allow the parent to relocate.  These actions are intended to prevent a parent from moving with a child without first giving the other parent an opportunity to either accept or object to the move.  Failure to abide by the relocation statute can lead to a court considering whether custody as a whole should be modified. 

Whether you need assistance with a family law matter, criminal law, estate planning, or any other matter, the attorneys at J.P. Coleman Law, LLC are here to help.  Serving Baldwin and Mobile Counties, this father-and-son duo is dedicated to supporting clients when they need it most. Visit the firm online to view the full range of legal services related to family law, and call (251) 947-6247 to schedule your free consultation today.

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