What is Family Law?

Family law, known as domestic relations in some states, is the area of law encompassing cases involving family relationships, and more specifically the marital relationship and/or the parent-child relationship. Typical family law cases include divorce, paternity or parentage suits, child custody/conservatorship matters, child support matters, pre-nuptial agreements, post-nuptial agreements, modifications of prior court orders, protective orders and enforcement of prior court orders. Grandparents' rights and same-sex parenting rights are matters that are also considered family law.

State-Specific Laws

Family law is generally state-specific, with each state having its own family code. The Texas Family Code, for example, is over 700 hundred pages long and is divided into five sections. It covers marriage, parent-child relationships, protective orders and family violence, termination of parental rights, collaborative family law and adoption, and also includes the juvenile justice code.

Litigation versus Collaborative Process

Until 2000, all family law cases in Texas were also litigation cases, meaning they went through the court system and were subject to judicial control. Clients now have an alternative process, known as collaborative law, through which they can retain control and avoid legal confrontations at the courthouse. At Calabrese Huff, we offer our clients the option of whichever method best meets their individual needs and goals.

The Marital Relationship

When it comes to the marital relationship, family law generally speaks in terms of divorce or dissolution of marriage. However, there are other aspects of the marital relationship covered by Texas family law. For example, the question of whether or not a marriage even exists often comes up in the context of common law marriage. Texas family law also provides for pre-nuptial and post-nuptial agreements.

The Parent-Child Relationship

There are many different types of cases that can be labeled as suits affecting the parent-child relationship under Texas family law. The most common are paternity or parentage cases, where someone seeks to establish a parent-child relationship; "custody" cases, where someone is trying to establish access and rights with respect to a child; and child support cases. In addition to the initial case establishing custody/conservatorship and/or child support, Texas family law also provides for modification and enforcement of court orders regarding child custody and support. Adopton and Assisted Reproduction, known also as Assisted Reproductive Techology, are also Parent-Child Relationshp cases.

At Calabrese Huff, we have been helping families with issues like these for years and have experience with a wide range of family law matters. Please contact us if you need assistance with a family law-related matter.