What Happens in Family Court? Breaking Down the basics

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Before I started researching family law specifically, I used to think that court simply consisted of lawyers yelling "Objection!", like they do in movies. But family court is different — it's where decisions about children and parent's personal lives are made. So, here's a breakdown of what family court is like.


What even is family law?

Family law is simply the branch of law that deals with anything regarding family. Legal issues regarding marriage, adoption, divorce, custody of children, child support are all things that a family lawyer would face. 

What do the lawyers and judges do?

Lawyers: 

Help clients understand their rights and obligations and reach a mutual agreement. In the event an agreement is not reached, both parties and the lawyer need to go to court. A family lawyer can also serve as a mediator, who would like to amicably solve their disputes, without going to trial (County Office Law).

Judge: 

Instead of deciding if someone goes to jail, a family court judge decides:

  • Who a child should live with

  • How much child support a parent pays

  • Whether a parent has full or shared custody


Why does family court matter?

Family court doesn't just affect the parents. If anything, if affects the kids more than anyone. When the two parties don't know what's best, family court steps in to decide. This means that it's not just money and property on the line — it's a child's future.


What are types of custody?

There are two types: 

  • Sole custody: where one parent has the child 100% of the time.

  • Joint custody: both parents share the child. It's up to them to decide what time and when.

  • Legal custody vs physical custody: One is about decisions, the other about where the child lives.

I want to explore this more in another post — especially how truth (or lies) in court can affect who ends up with custody.

People that aren't fit to care for a child get custody more often than we'd like to admit. Which is why this is a call to action. Being a family lawyer is more than getting a paycheck—  it's hearing the child's side, being objective, and most of all, it's about truly caring. Because the truth is, lives are at stake.

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