While most people associate family law attorneys with divorce, there are many other situations where our expertise can be invaluable. From prenuptial agreements to infidelity, a family law attorney can help you navigate life’s most complex and challenging moments. Here are five unexpected situations where you may benefit from hiring a family law attorney:
The Wedding Planner: Protect Your Future with a Prenup
That’s right – you may be in the market for a family law attorney when you are still legally single. Although family law attorneys are frequently referred to as “divorce attorneys” in casual conversation, our role as an advisor can begin before you even get married. A family law attorney can help you understand how your legal rights change when you say, “I do.” And where appropriate, we can help draft your prenuptial agreement. A prenuptial agreement can protect separate property, address separate debt, safeguard business interests, and provide financial clarity for future spouses. Consider it like an insurance policy for your marriage. While it’s probably the least romantic list item on your wedding to-dos, having a prenuptial agreement in place can save you from stress and financial headaches down the line.
The Paternity Puzzle: Establishing Biological Parenthood
If you are questioning whether you are the biological father of a child, it is crucial to hire a family law attorney. Establishing paternity not only provides clarity to yourself, but it also gives the child a sense of identity and the opportunity to have a relationship with both parents. Paternity also effects the estate rights of both the father and the child. You can establish paternity in a few different ways, including getting married, signing an affidavit of parentage, or genetic testing. A family law attorney can walk you through your options and help you determine the most effective method to get the answers you need.
The Missing Piece: When Verbal Child Custody Agreements Aren’t Enough
Some separated parents follow a verbal parenting arrangement, agreeing to a particular parenting split. The risk with following a verbal parenting arrangement is that one parent may suddenly refuse to let you see your child. A law enforcement officer or any judicial official cannot force that parent to turn the child over per the verbal parenting agreement alone. If there is no child custody order in place (which is filed with the Court), both biological parents have equal rights to the child and can take the child whenever and wherever they choose. If you haven’t been able to see your child, consult with a family law attorney immediately to discuss your rights and your options. If you would rather avoid uncertainty, talk to a family law attorney about preventative steps, including filing a child custody action or negotiating a child custody consent order with the other parent.
The Safe Haven: Protection from Domestic Violence
For survivors of domestic violence, meeting with a family law attorney can be critical in establishing modes of protection. To address immediate safety concerns, family law attorneys can help you obtain a protective order (also known as a restraining order) that can prevent your abuser from contacting you or coming to your home, workplace, or other specified areas. If you have children, you may also pursue temporary child custody to ensure their safety and well-being. Family law attorneys can help connect you with local resources, including emergency housing assistance, counseling, and support groups.
The Betrayal: Suing the Paramour
Infidelity is not only emotionally devastating; it can also be extremely costly. It may seem outdated, but you can still sue a third party for engaging in a relationship with your spouse per North Carolina’s alienation of affection and criminal conversation statutes. Alienation of affection refers to any malicious acts that damage the love and affection between spouses, and criminal conversation refers to the act of sexual intercourse with someone’s spouse prior to the date of separation between the spouses. If someone has wrongly interfered with your marriage or engaged in sexual relations with your spouse before separation, you should meet with a family law attorney to discuss filing a lawsuit.
In each of these situations, having the advice and guidance of a family law attorney can give you peace of mind. With an experienced advocate in your corner, you can be confident knowing that your rights will be protected and your best interests will be promoted – and that can make all the difference.
Previously published with QCity Metro – Click Here
If you or someone you know wants to learn more about Family Law Strategies and Matters, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
