Family court deals with cases involving minors, such as child custody, domestic violence, and juvenile delinquency. Family court judges make fair judgments based on evidence and issue protective orders. They also handle divorce cases, child support, and adoption. Juvenile delinquency matters are also handled in family court, with different legal standards and procedures. Records of proceedings are sealed and erased upon a child’s 18th birthday.
There are different types of cases heard in family court. Family court proceedings range from child custody cases to juvenile delinquency issues. A court of special and limited jurisdiction that hears only cases involving minors deals with these matters. For those who have a case in family court, there are some things about the setting, tone, procedure, and outcome that are different from cases heard in a general jurisdiction court.
Family law judges know how to listen to sensitive issues such as allegations of domestic violence or abuse and make fair judgments based on evidence. Sometimes the evidence might lead the presiding judge in certain family court proceedings to issue a protective order that will limit contact between spouses or parents and children. These judges often have to issue orders to the appropriate government agencies to remove children from an allegedly unsafe environment. Many family court jurisdictions handle matters of family welfare, home care, and adoption.
Family court judges generally preside over divorce cases, both with and without children. Family court staff members are trained to handle the emotional nature of these types of cases and to help parents and children as much as possible during the litigation process. A judge can determine whether a child should be questioned on the witness stand or “in the courtroom,” away from the presence of others who might make him nervous or less inclined to be open and honest. Family court proceedings are generally sealed due to the confidential and sensitive nature of the information shared in the proceedings.
The judges will determine which parent is best suited to care for which child and what visitation rights the other parent should receive. Family court judges also award child support for the parent who does not have custody or conservatorship over the children. When a noncustodial parent has a change in income, judges can adjust the child support amounts accordingly. There are usually minimum amounts set by each jurisdiction. For incomes above the lowest category, child support is set by a percentage of the noncustodial parents’ income.
Juvenile delinquency matters are usually handled through family court proceedings. Crimes handled through family prosecutions range from truancy to murder. Children do not have the same level of brain development as adults, so different legal standards often need to apply. This means that a child who commits the same crime as an adult will not face the same penalties. The rules of evidence may be different, the style and procedure of the courtroom may be different, the records of proceedings are sealed, and generally orders are placed in place to erase all records of juvenile criminal activity upon a child’s 18th birthday .
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