Higdon, Hardy & Zuflacht,

L.L.P.

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Introduction

The legal relationships of people within a family are

governed by family law
Family law governs dissolution of families through divorce,
which is a major area of work for paralegals
Whether property is distributed before or during a marriage,
or when one ends, property must be transferred when a
person dies
Wills and trusts are often used to transfer a person’s real
and personal property, or estate, after death
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Family Law

• Marriage and divorce

• Adoption
• Child support and custody
• Child and spousal abuse
• Parental rights and duties

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Marriage Requirements
– Two persons
– Currently unmarried
– Not closely related by blood
– Over a certain age
• Usually 18 years old
• Exception: emancipated persons

Cont.

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Marriage Requirements
– Procedural requirements
• Marriage license
• Blood test
• Waiting period
• Marriage ceremony
• Marriage license must be recorded

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Common Law Marriages
– Parties become married solely by mutual
consent and without license or ceremony
– Four general requirements
• Must be eligible to marry
• Must have present and continuing intention and
agreement to be a married couple
• Must live together as a married couple
• Must hold themselves out to the public as a
married couple

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Family Law

• Marital Duties
– Previously, marriages were private contracts
arranged between families
– Now, marriage contracts are governed by the
state

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Family Law

• Marital Duties
– Financial support
• One spouse has duty to support other spouse and
children
• Food, shelter, medical care
– Spousal abuse
• Restraining order
– Domestic abuse

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Family Law

• Parental Rights and Obligations

– Direct the upbringing of their children
– Parents have control over
• Where children live
• What school children attend
• What religion children practice
• What medical care children are given
• Behavior of their children
• Punishment of their children

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–
Family Law

• Parental Rights and Obligations

– Must provide
• Food
• Shelter
• Clothing
• Medical care
• Schooling
– These duties generally end when child is 18

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Family Law

• Parental Rights and Obligations

– Liability for children’s wrongful acts
• State laws vary considerably
– Child abuse and neglect
• In loco parentis
– Children born out of wedlock
• Law provides rights and protections for these
children
• Paternity suits
• Inheritance rights

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Family Law

• Adoption
– Procedure in which persons become legal
parents of a child who is not their biological
child
– Not to be confused with foster care, which is
temporary
– Requirements for adoptions

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Family Law

• Adoption
– Agency adoptions
– Independent adoptions
– Stepparent adoptions
– Surrogacy
– Court approval and probation

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Family Law

• Marriage Termination
– Annulment
• Court decree that invalidates a marriage
• Children born during the marriage are considered
legitimate
• May be based on various grounds
– Lack of genuine consent
– Fraud
– Bigamy

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Family Law

• Marriage Termination
– Divorce
• Formal court proceeding legally dissolves a
marriage
• Fault-based versus no-fault divorces
– Irreconcilable differences
– Living separately for a period of time specified by state
statute
– Incompatibility
• Divorce procedures
– Petition for divorce
• Negotiation and mediation
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Family Law

• Child Custody
– Typically the most contentious issue in a
divorce
– Court may appoint a guardian ad litem
– Factors considered in determining child
custody
– Types of custodial arrangements
• Legal custody
• Joint custody
– Visitation rights
• Right to have contact with the child

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Family Law

• Child Support
– Court makes provision for child support,
regardless of custody arrangements
– Financial support for child’s needs
– States have standardized guidelines, often
percentage formulas based on parental
income

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Family Law

• Child Support
– Withholding payment
– Interstate enforcement of child-support
decrees
• Uniform Interstate Family Support Act
• Every state agrees to enforce orders

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Family Law

• Spousal Support
– Alimony, or maintenance
– Financial support paid to a former spouse
– Permanent or temporary
– Rehabilitative alimony
• Education
• Training
– Palimony

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Family Law

• Property Division
– Marital property
• All property acquired during the course of a
marriage
– Separate property
• Property that a spouse owned before the marriage,
plus inheritances and gifts acquired during the
marriage

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Family Law

• Property Division
– Pension benefits
– Community property
• All property acquired during the marriage
– Common law marital property
• Equitable distribution

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Contact Higdon, Hardy & Zuflacht,
L.L.P.
The best way to get guidance on your specific
legal issue is to contact a lawyer. To schedule
a meeting with an attorney, please call or
complete the intake form below.
Higdon, Hardy & Zuflacht, L.L.P.
12000 Huebner Rd #200
San Antonio, TX 78230
Local Number: (210) 349-9933
Fax: (210) 349-9988