Family Cases Involving Children

iStock_000004107146_LargeHave you started a family and now have some questions regarding family law-related matters? When you hear the words “family law” you may automatically associate it with things like divorce, but this is not the case. You may need a family attorney on your side in many cases involving children and what is in their best interest. This can include things like establishing paternity, establishing custodial matters, and what rights others have as far as your child is concerned. Now you can find out more about these issues and how we can help you significantly when the time calls for it in these very delicate parts of your life!

Parental Relocation:

Has a custodial parent in your specific situation decided to relocate with a child? This can make things much harder when dealing with child custody to make matters worse on top of everything else, as it forces a parent to have a long distance relationship with a child. However, there are some things you will need to know first. First of all, do you know the laws regarding notice? Many states will require a custodial parent to give written notice to the other party that there will be a move in the future. The noncustodial parent will typically play some role in either accepting the move or not consenting on the move and making it an illegal motion. States will take specific things into consideration, such as the distance that the child is between both parents, the visitation schedule as it stands currently, and also whatever travel costs need to be considered and dealt with as meeting points.

Child Custody:

Many circumstances will determine where a child will reside and when the other parent will visit a child after a divorce or general split-up. Something that is always taken into account is the best interest of the child, whether it is being worked out with a mediator or through the courts.

There are many different types of custody:

  • Physical and Legal Custody. Physical custody is usually awarded to one parent where the child will live most of the time, and legal custody applies to the right to make decisions about things in the child’s life like education, religion, and health care.
  • Joint Custody agreement, a child may spend an equal amount of time with both parents. Joint custody is one method that requires a high degree of cooperation between two parents, which may make matters difficult depending on your situation. There are many factors to consider when dealing with custody decisions, such as the wishes of the child, mental and physical health of child and parents, adjustment to school and community, and other important things to be considered.

Child Support:

To determine child support, there will also need to be a determination of who the non-custodial parent will be. Non-custodial parents will be required by law to pay something known as child support to help the custodial parent cover their child’s expenses. When two parents go to court, it will be brought to attention how much the payments will be per month based on the income of the parent paying. If a parent fails to keep up with payments, they may receive fines and even jail time. Speak to an attorney today if you want to get started on the child support process and find out if you are eligible for receiving these benefits for your child.

Visitation Rights:

Rights for parents to maintain a visitation schedule usually come into play with child custody matters, which can add complications to things. Judges will usually adhere to a schedule of “reasonable visitation,” which means that the parents of the child may come up with a plan of parental visitation time. However, if malicious intent is involved with one or both parents in deciding a visitation schedule, they may take matters into their own hands. This will be known as a “fixed” visitation schedule, where the non-custodial parent gets some visitation at the discretion of any parties involved.

Grandparent Rights:

As you may know, every state allows some type of grandparent visitation. Grandparents may be able to ask a court to grant them the right to continue a relationship with a child. Courts will usually take into consideration what parents have to say about these matters if they want to limit the time between a child and grandparent. In some states, you may find that the laws will vary and it is only possible for a grandparent to get visitation rights if a parent has died. However, if it is found in the well being of the child to allow some sort of relationship, it will almost always be granted to some degree, even if the time is very little.


In adoption situations, a parent will be able to voluntarily assume the legal rights and responsibilities of a child not biologically known to them. The parent may be a relative or perhaps somebody coming into the picture from a separate family. The new adoptive parents will be treated like the natural family in the court of law, as they must make important decisions regarding their everyday lifestyle just the same. This includes medical treatment matters, education, and religion. However, there are many legal issues that may come into play throughout this tedious process. For example, criminal background checks must be completed to have an adoption be viable. There must also be a termination of parental rights from the birth parents so the adopted parents can go about completing the process. If you believe that these issues may be present in your case, it is always a good idea to consult a trusted and experienced family law attorney.

Establishing Paternity:

Paternity law may be a complicated matter that will involve the help of an attorney as well. This sometimes difficult and complex area of law includes legal recognition of a child’s biological father, which is typically established through genetic testing. The mother of the past relationship may file a paternity suit against the alleged father to obtain child support. You may wonder in which ways paternity will be established and what legal significance it can cause on your life.

At The Montes Law Firm, we recognize that there are trials and difficulties standing in the way when dealing with child law matters. We can always arrive at the best situation in any difficult situation with trained knowledge and overall experience dealing with your case.

Do you have a custody, paternity, or adoption matter that you need solved today? Have you exhausted all of your time into finding the right solutions for your matters? Then it may be a good idea to call us for help as soon as possible so we can guide you on the right path during this stressful and time-consuming period of your life – all the while making things much easier on your family!