Family law in the United States covers all law involving matter of relations and relationships, including domestic relations, family related matters and marriage, among others. Essentially, it can also include divorce, surrogacy, civil unions, domestic partnerships, child adoption, child abduction, alimony, property settlements, paternity tests and paternity fraud.
A family law lawyer in Pottstown, PA must go through the same training—albeit at a different educational institution—as any other lawyer in the country. A family court will have the jurisdiction of the State laws by which a family or couple must adhere to. Each State has their own laws pertaining to most family court situations, but there are some States where the laws are the same or similar.
Areas of Family Law
One of the main doctrines of family law in the United States is the ‘merger doctrine’ which states that when a couple marries the woman’s legal identity is merged with that of her husband—in opposite sex marriages. However, there is currently no such ‘doctrine’ for same-unions but because the couple are legally married they are deemed share all assets as well as all debts.
Another area of family law concentrates on paternity issues, namely paternity fraud, paternity testing, child support, child visitation and custody and adoption. Generally it is a mother who can be charged with paternity fraud by knowingly naming a man on the birth certificate of her child while aware that he is not the actual biological father. Some women do this out of self-interest and greed and it could be years before the ‘father’ finds out that he is not biologically related to the child he has called his own for most of its life. However, now, with DNA testing a man who suspects that he may not be the biological father of a child can take order a paternity test.
Divorce is a traumatic time for a family or a couple, even if there are no children involved. However, it can be managed so that both parties end the negotiations with at least as much satisfaction as can be gained by the process. A lawyer will help to litigate the assets and split the property accordingly, co-operating the with other party’s lawyer in the process to reach an amicable agreement.