3 Of The Basic Goals Of The Family Court System

Family court proceedings can be highly emotional and contentious. The system, however, is designed to smooth out these difficulties whenever possible. Before you deal with a situation, it's wise to understand what the basic goals of the American legal system are in regards to family law issues.

1. Provide for the Best Interests of Any Children 

Arguably the paramount goal of the system, protecting the best interests of any children a couple may have tends to come before anything else. While it's easy to understand this concept as it pertains to simple things like avoiding abuse or making sure a child is fed, there are other issues at stake. For example, there will be questions about providing for a kid's education, their upbringing within the family's faith and their relationships with their parents, siblings and grandparents. All factors are seen as contributing to stability and personal growth throughout childhood, and the court will insist that all parties to a case operate under this principle.

2. Protecting People's Rights

A lot of anger that arises from family court proceedings comes from the sense that someone's rights weren't protected. The court, however, will work to preserve your legally defined rights, such as access to your child, so long as you don't represent a threat to your former partner or the child's best interests.

Note, though, that there's a distinction between protecting your rights and protecting your interests. If you're worried about keeping more of your paycheck during an alimony hearing, for example, that's a problem you and a divorce attorney need to deal with by forging an agreement with your ex. Otherwise, the courts in most states will apply some type of formula that factors in how long the marriage was, the earning ability of the least advantage partner, and the standard of living that had been established.

3. Containing Anger and Outbursts

One of the first things a family attorney will tell you is that the system is not designed for axe-grinding. If you want to stick it to your ex, you're off to a bad start. The majority of marriages that are ended move through the no-fault system, meaning the court doesn't want to hear a lot about who did what wrong. Unless there is a bigger concern, such as domestic violence, the court wants to see you and your former partner wrap things up as quickly and with as little fighting as possible.

To learn more, contact your local divorce attorney. 

Share