Mass Black Judge

Under one percent of cases are taken all the way to a jury trial, which can cost quite a lot in terms of money and time spent preparing and attending such hearings.

Family law cases generally include matters such as divorces, custody battles, support issues and adoptions; unlike civil or criminal proceedings which focus on fault, these matters do not focus on it either.

Divorce

Most divorce cases are resolved through settlement agreements to avoid costly court trials that can be emotionally draining and financially expensive, which often take months or years before reaching resolution.

At trial, the spouse who filed for divorce – commonly referred to as the petitioner – will present evidence through documents and witnesses that are subpoenaed for testifying purposes. Their opponent’s attorney can then cross-examine those witnesses; during this process both parties may go back and forth repeatedly in refuting and contradicting one another’s arguments.

Under certain circumstances, alternative dispute resolution (ADR) might allow you to forgo court altogether. Options available to you include collaborative divorce, mediation and private arbitration – each offering unique advantages over a traditional trial. However, if property division, child custody arrangements or spousal support matters remain contentious between you and your partner, court hearings must still take place before a judge makes their ruling on those contested issues.

Child Custody

As with divorces, child custody cases require court determination for legal and physical custody arrangements as well as visitation rights. Most judges prefer giving both parents equal legal decision-making authority; however, specific issues like scheduling doctor’s appointments or authorizing emergency medical treatment could lead to one parent having sole legal decision-making authority.

Physical custody (known in some states as time sharing) decisions are made based on various criteria, including how each parent cares for the children, their relationship with them and any concerns in the home environment such as excessive alcohol or drug use, domestic violence, mental health problems or unstable housing situations. Furthermore, age can play an important role.

Custody trials usually take place in family court or, if the matter involves supreme court chambers, before an appropriate judge. Parties, lawyers and guardians ad litem appear before this judge to present opening statements from each side before questioning of witnesses and submission of evidence.

Child Support

Child support laws differ across the world, but courts typically consider both parents’ gross incomes. This can include wages, salaries, bonus payments, rental income commissions or any other sources of income that might have come into the family had it been intact as well as their needs as children.

Childcare expenses, tax deductions and other expenses may all factor into a child support calculation. Many states also permit using “implied income”, which represents what a parent’s earning potential would be given their education and job skills.

As it is essential that all financial information be presented accurately, an experienced attorney can ensure this happens. They may also assist with requests for modification based on changes in either parent’s income or expenses – this process differs significantly from initial child support determination and requires expert legal representation.

Adoption

Adoptions may be challenged for various reasons. One issue involves whether or not the biological parent(s) properly withdrew consent, and another concerns whether an adoption is in the child’s best interests. A family law attorney can assist clients in choosing what type of adoption best fits their situation.

In contested adoptions, the court will evaluate both biological parents and adoptive parents before appointing a guardian ad litem to provide an independent report to the judge. Based on these evaluations, a trial may become necessary.

Cases can move slowly for various reasons. Sometimes that means waiting for parents to enroll in drug treatment programs or locate stable housing; other times it’s due to dysfunctional systems beyond judges’ control. Recently, Brooklyn court has implemented an effort to speed things up; it remains too soon to tell if it works or not.