Family law is the area of law that addresses family relationships
The law includes creating family relationships through marriage and partnerships and breaking them through divorce and termination of parental rights. Family law addresses adoption, contested custody of children and child support obligations. Because family law is the practice of law that relates to relationships and children, it is one of the most emotional areas of law. Family law practice may involve any of the following topics:
- Alimony and spousal support
- Pre and post-nuptial agreements
- Child custody
- Legal and physical custody
- Child support
Divorce is the process of breaking the bonds of matrimony. A marriage is a contract. When parties get married, they form a legal relationship. When they no longer wish to have this relationship, they must file court papers in order to ask for a divorce.
In most cases, the court looks to make an equitable division of the assets. This doesn’t necessarily mean dividing things equally. The court can look at things like the parties’ contributions to the marriage, the length of the marriage and the needs of each party after the divorce. Misconduct such as infidelity or domestic abuse can also play into the court’s decision.
Divorce is civil litigation and may require gathering evidence using civil discovery including depositions, interrogatories and subpoenas.
Alimony and spousal support
One of the hot button issues in a divorce case is often alimony and spousal support. Mostly it’s left to the judge’s discretion to determine the amount of support. It is very important to make sure that the court uses the proper inputs in order to arrive at the correct amount of support.
The length of the marriage is one of the considerations for spousal support. It also depends on a parent’s ability to pay and levels of jointly accumulated debt. The court looks at the age of the parties and whether they can work. Finally, they consider the misconduct of either party. Bangkok Legal works to present evidence of these factors to the court in order to persuade them and reach the best result for our clients.
Pre and post-nuptial agreements
A prenuptial agreement is a contract that parties sign before they get married. Prenuptial agreements usually list who gets what in the event that the parties get divorced. There are some things that can’t be included in a prenuptial agreement like child custody and child support agreements. Otherwise, the parties can create an agreement that outlines things like separate property, distribution of the assets and spousal support in the event of a divorce. When the parties enter into this kind of agreement after they get married, it’s called a post nuptial agreement.
Child custody is one of the most debated and contested areas of family law. Mostly the judge decides child custody and parenting time based on the best interests of the child. The court considers things like which parent has the greater bond with the child, whether each parent has a stable home and whether either parent has a significant criminal record or substance abuse issues.
If parents agree on custody, the court usually follows the agreement. If the parents can’t agree, family lawyers present the evidence to the court about the child’s best interests. This might involve presenting school records, testimony of a psychologist or substance abuse counselor, criminal records and even medical records. Family lawyers work to gather evidence of these things.
Legal and physical custody
Most states divide custody into legal custody and physical custody. Physical custody is who actually, physically has the child at any given time. Legal custody is who makes major decisions about the child. Physical custody and legal custody can be shared between the parties, or the court might award primary custody to one of the parents. It’s also possible to share one type of custody without sharing the other.
We understand how the court determines custody in Thailand. We help you understand the law and form realistic expectations to what you can expect so you can make wise decisions as the case moves forward.
Children have the right to support from both of their parents. The goal of child support is to provide children whose parents live in separate households the same financial resources that they might have if both parents lived under one roof. The court presumes that the parent who cares for the child provides support directly for the child.
The court considers each parent’s income, allowable deductions for taxes and other expenses and whether they have child care needs.
We work with you to make sure that child support amounts are accurate. If the other parent tries to hide income or is voluntarily unemployed or underemployed, we can help you show the court the entire circumstances. We also review the calculations of the court to make sure that there aren’t any errors that could result in an inaccurate child support award.
We understand that if you’re looking for help for the above mentioned circumstances you’re going through one of the most difficult times of your life. We are skilled, compassionate attorneys that will advocate for your best interests. Click the button below or fill in the form for a free consult.