Family law is a specialized branch of law that deals with the rights and obligations of family members, as well as regulating all aspects of family relationships. It is a highly complex area of law that involves a large number of sensitive issues. Most of the questions and contentious situations that arise between family members are particularly urgent and require quick, efficient, and highly professional assistance provided by a family law attorney. Whether it concerns issues of marriage, divorce, custody, alimony, the exercise of parental rights, adoption, or domestic violence, family law plays a key role in protecting the interests and rights of all family members, especially children. This is especially important, considering that the family is the foundation of every society.
It is essential for each society to have a detailed regulation of family issues. Additionally, family law has a wide impact on people’s everyday lives, as it deals with issues that are emotionally, psychologically, and financially the most sensitive, such as marriage, children, and property. Ultimately, family law ensures stability and harmony within the family by protecting the rights of all members, especially those in potentially more vulnerable positions.
The primary issues arising from family law relate to divorce, annulment of marriage, the exercise of parental rights, matters concerning legal support—not only for children but also for other individuals, as well as matters regulating special legal institutes such as guardianship and adoption, as well as domestic violence. Family law is characterized by diverse procedures that can be initiated, including divorce proceedings, proceedings for the division of marital property, proceedings for the establishment and dispute of parentage, proceedings for the determination of protective measures against domestic violence, proceedings before the guardianship branch (Social Welfare Center), and many other procedures.
We provide professional assistance in all areas of family law, offering professional and discreet legal support. Our goal is to guide clients through all legal processes and help them achieve their rights and interests through advice and representation.
Divorce
Divorce is an issue our team frequently encounters. Given that divorce proceedings are often difficult, stressful, and emotionally charged, it is of great importance for the parties to have good and experienced family law attorneys.
A divorce procedure can be initiated through a proposal for mutual divorce or a lawsuit. Whenever there is a possibility for spouses who no longer wish to stay in the marriage to agree on the most important issues, it is recommended to divorce by mutual consent. The condition for a mutual divorce is the existence of an agreement on the exercise of parental rights (if they have joint children) and the division of joint property (if they have joint property). When deciding on a proposal for mutual divorce, the court will not delve into the division of joint property but will certainly address the part of the agreement regarding the exercise of parental rights, checking whether such an agreement is in the best interests of the child. In deciding on this, the court will also obtain the opinion of the Social Welfare Center.
If the spouses do not wish to divorce by mutual consent, or if their agreement lacks all legally required elements, the divorce procedure can be initiated (this is most often done in practice) by filing a lawsuit.
A mutual divorce is the most practical and straightforward way to resolve the relationship between spouses when it is possible to agree on the divorce, division of joint property, exercise of parental rights, alimony, and custody of children. To make the process as efficient as possible, it is recommended to hire a family law attorney.
If the spouses cannot agree, all of the aforementioned issues will be discussed in the lawsuit for divorce.
Parental Rights
Parents have the right and duty to care for their child. Caring for the child includes protecting, raising, educating, representing, supporting, and managing and disposing of the child’s property.
If the child’s parents are married and living together, the question of exercising parental rights does not arise, as it is presumed that both parents jointly exercise parental rights. Joint parental rights can also be exercised by parents who do not live together but have made such an agreement, and the court assesses that such an agreement is in the best interests of the child. In such cases, it must be specified what will be considered the child’s residence.
In addition to joint parental rights, there is the possibility of sole exercise of parental rights. One parent will exercise parental rights independently if the other parent is unknown, deceased, or has been completely deprived of parental rights or legal capacity. One parent will exercise parental rights alone if the parents do not live together and have not concluded an agreement, in which case it will be assumed that parental rights are exercised by the parent with whom the child lives.
The agreement on the sole exercise of parental rights must include an agreement between the parents on entrusting the child to one parent, the amount of alimony to be paid by the other parent, and the manner in which personal relationships between the child and the other parent will be maintained.
It is important to note that the court is not bound by the parents’ agreement on the exercise of parental rights and is guided by the best interests of the child. Therefore, consulting with a family law attorney is crucial for properly conducting the procedure. If the court assesses that the agreement on parental rights does not meet the best interests of the child, it may make a decision on parental rights that is not identical to the agreement proposed by the spouses.
The basic rule is that parental rights last until the child reaches the age of majority. Exceptionally, parental rights may be extended even after the child turns 18 if the child, due to illness or psychological and physical developmental impairments, is unable to care for themselves or protect their own rights and interests, or if they endanger their own rights and interests through their actions.
Please note that any procedure involving a child and a parent exercising parental rights is particularly urgent and complex, and for this reason, it requires an experienced family law attorney with extensive knowledge in this area, as is the case with our expert team.
Legal Maintenance
Legal maintenance is the relationship between two individuals, one of whom has a legal obligation to support the other. Of particular concern is the issue of maintenance for a minor child. This is the only obligation that a parent can never be “freed” from. Even if one parent is fully deprived of parental rights, they will still have the obligation to pay alimony to their child in a certain amount.
Alimony represents a fixed or percentage-based amount that the parent who does not have custody of the child pays for the child’s maintenance. The beneficiary of maintenance need can also be an adult child who is unable to work and has no means of support while such a condition lasts, or a child who is regularly attending school, but not later than until they turn 26.
Primarily, a child has the right to be supported by their parents. However, if the parents do not have sufficient means to support the child or are deceased, the obligation to support a minor child lies with their blood relatives in the direct ascending line. The same applies to an adult child, except when fulfilling such a request would be manifestly unfair to the blood relatives.
On the other hand, the law also provides the possibility of support for parents who are unable to work and have no means of support from an adult child, or a minor child earning a wage, unless fulfilling such a request would be manifestly unfair to the child.
The Family Law also provides for the possibility of supporting a spouse, common-law partner, child’s mother, parents, siblings, as well as adoptive and in-law relatives, and, of course, children.
It is very important to properly fulfill the legal obligation of providing maintenance, as the recipient of maintenance can at any time initiate civil proceedings regarding the failure to pay maintenance, and consequently, a criminal offense is committed. In such cases, hiring a family law attorney is highly beneficial.
Protection from Domestic Violence
Domestic violence refers to behavior by one family member that endangers the physical integrity, mental health, or tranquility of another family member. Proceedings related to protection from domestic violence are particularly urgent, so it is important to be represented by a family law attorney who will protect your interests. If the plaintiff requests a protective measure, the court is not obliged to impose the requested measure but may impose other protective measures that it considers more effective.
Protective measures from domestic violence include: eviction orders from the family home or house, orders for moving into the family home or house, prohibition of approaching a family member at a certain distance, prohibition of accessing the area around the place of residence or place of work of a family member, and prohibition of further harassment of a family member.
Protection from domestic violence can be sought in civil proceedings but also in criminal proceedings, given that domestic violence is classified as a specific criminal offense with severe penalties. In such situations, hiring a family law attorney can be crucial for efficient legal protection.
Other Institutes of Family Law
The family law also includes those legal norms regulating guardianship, foster care, adoption, and other legal institutes, such as issues of deprivation of legal capacity.
These are certainly very important legal concepts, and our expert team has considerable experience in their application.
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We provide verbal and written legal advice
● We offer legal analysis of the situation with a dedicated and personalized approach, all with the goal of jointly finding a solution that will be satisfactory for the client
● We draft divorce lawsuits and represent clients in divorce proceedings (parental rights, child support, custody, etc.)
● We prepare proposals for mutual divorce and represent clients in such proceedings
● We prepare annulment lawsuits and represent clients in annulment cases
● We initiate and represent clients in proceedings for the division of joint property (so-called “division of marital assets” disputes)
● We initiate and represent clients in proceedings regarding the exercise of parental rights, deprivation of parental rights, restoration of parental rights, and extension of parental rights
● We initiate and represent clients in proceedings for legal support
● We file criminal charges for the crime of non-payment of child support and represent the injured party in such cases
● We defend clients accused of the crime of non-payment of child support
● We initiate and represent clients in civil proceedings for domestic violence protection
● We file criminal charges for the crime of domestic violence and represent the victims in such proceedings
● We defend those accused of committing domestic violence
● We draft prenuptial agreements
Frequently Asked Questions
If you want to get divorced as quickly and with minimal stress, the best option is a mutual divorce. To achieve this, you need to reach an agreement with your spouse on all key issues – parental rights, child support, and division of joint property. Although it is not legally required to have a lawyer, hiring a family law attorney can make the process easier for you, ensure that all documents are properly prepared, and prevent potential complications in the court process.
If the parent obligated to pay child support fails to fulfill this obligation, you have the right to submit an enforcement request to the court or a public bailiff to recover the debt. Non-payment of child support is also a criminal offense, and you can file a criminal complaint. In such situations, a family law attorney can help you enforce your rights and protect the child’s interests in the most efficient manner.
Yes, a father can file a request for child custody, but the court always makes the decision in the best interest of the child. If the court determines that it is in the child’s best interest to live with the father (e.g., if the mother is unable to provide adequate care), the court may grant parental rights to the father. The best way to increase your chances of gaining custody is by hiring a family law attorney, who can assist in preparing evidence and legally supporting your request.
If you are a victim of domestic violence, immediately report the case to the police or social services. You can also submit a request to the court for protective measures, such as a restraining order or the eviction of the abuser from the home. These measures can be issued urgently and for a specific period. In such situations, a family law attorney can help you obtain legal protection as quickly as possible and take all necessary steps to ensure the safety of you and your children.