in lawyer talk who is considered family

What do you know about family law?

 · There is a federal law that protects federal employees who wish to take time off (three days) for the funeral of an immediate family member who died while serving as a member of the U.S. Armed ...

What does a family lawyer do?

 · Family law is a legal practice area that focuses on issues involving family relationships such as marriage, adoption, divorce, and child custody, among others. Attorneys practicing family law can represent clients in family court proceedings or in related negotiations. They can also draft important legal documents such as court petitions or ...

What is an immediate family member under the law?

Issues may arise in family law where there is a question as to the laws of the jurisdiction that apply to the marriage relationship or to custody and divorce, and whether a divorce or child custody order is recognized under the laws of another jurisdiction. For child custody, many nations have joined the Hague Convention on the Civil Aspects of International Child Abduction …

What is an issue in family law?

 · If you have disagreements with your in-laws, your spouse may feel caught in the middle between parents and you. You, meanwhile, have obligations to in-laws and spouse—and children, if you have any. If you feel your in-laws are intruding into your married life, the old saying, “Good fences make good neighbors,” may apply.

Who is considered family in law?

Immediate family is limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins.

What does family mean in legal terms?

1) husband, wife and children. 2) all blood relations. 3) all who live in the same household including servants and relatives, with some person or persons directing this economic and social unit.

What is considered family?

Family: A family is a group of two or more persons related by birth, marriage, or adoption who live together; all such related persons are considered as members of one family.

Who is your family?

Your immediate family includes your father, mother and siblings. Your extended family includes all of the people in your father and mother's families. Your sibling is your brother or sister.

Can a single person be called a family?

The first answer is yes. Singles with no children, just like married people and parents, have families of origin. They may have nuclear family members - parents, brothers, and sisters - and extended family members such as grandparents, aunts, uncles, cousins, siblings-in-law, nieces and nephews.

Is a husband and wife considered a family?

Virtually every major demographic group agrees that a married couple with or without children falls within their definition of family.

Can a family be considered as a family without children?

In short, those who do not have children will not be considered a family. But, some part of the families with children will also no longer be considered a family.

Who makes a family?

Ans- parents and their children together make a family. Q 2.

Are in laws considered family?

Immediate family member means father, mother, husband, wife, son, daughter, brother, sister, grandfather, grandmother, father-in-law, mother-in-law, sister-in-law, brother-in-law, and domestic partner and civil unions recognized under State law.

Who are family members?

Family Member means a person who is a spouse, former spouse, child, stepchild, grandchild, parent, stepparent, grandparent, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother, sister, brother-in-law, or sister-in-law, including adoptive relationships, of the Grantee, any person sharing ...

Who are your family members answer?

A family is a basic social unit consisting of parents and their children. Members living in a family are father, mother, brother, and sisters. Was this answer helpful?

How do I know what my family is?

Brief Things to Say about Family in EnglishI come from a small/big family.There are (number) people in my family.My brother/sister (name) lives in (place). ... I look like my Dad. ... I'm very different from my Mum. ... My sister likes staying at home and cooking, but I prefer gardening and outdoor activities.More items...•

What is the legal definition of family in Canada?

At its most basic level, Statistics Canada defines a family as a couple — with or without children, married or common-law — or a lone parent with at least one child in the same house. In other words, it takes at least two people to make a family. Beyond that, almost anything goes.

What is the legal definition of family UK?

In the Families and households publication, we use the following definitions: A "family" is: a married, civil partnered or cohabiting couple with or without children, or a lone parent with at least one child, who lives at the same address. Children may be dependent or non-dependent.

What is an example of family law?

Family law courts hear civil law cases involving child maltreatment, juvenile delinquency, DV, legal separation and divorce, paternity, parental competence, child custody, adoption, legal guardianship, emancipation of a minor, spousal or child support, and community property.

How does the ABS define family?

A family is defined by the ABS as two or more persons, one of whom is at least 15 years of age, who are related by blood, marriage (registered or de facto), adoption, step or fostering, and who are usually resident in the same household.

What is family law?

Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others. Attorneys practicing family law can represent clients in family court proceedings or in related negotiations and can also draft important legal documents such as court petitions or property ...

What is a divorce attorney?

Divorce: Each partner hires his or her own attorney, who will help devise a settlement plan in order to avoid a trial. Divorce attorneys typically are skilled at dividing marital property, calculating spousal support, and proposing a plan for child custody, visitation, and support (if applicable).

What to do if you are in a divorce?

Whether you're in the process of a divorce, need help with an adoption, or have questions about enforcing a child support order, it's often in your best interests to work with an attorney. Get the help you need by contacting an experienced family law attorney near you.

What is the role of family courts in domestic violence?

For example, instances of domestic violence and child abuse typically involve criminal investigations (and may result in arrests and charges), while family courts are tasked with determining how to best protect the victims and ensure a relatively safe environment for those involved.

How is paternity determined?

Paternity typically is determined through DNA testing. Adoption / Foster Care: Adoption is a complex process that differs according to the type of adoption, where the child is from, variances in state laws, and other factors. Therefore, it's important to consult with a family law attorney.

Why do biological fathers file for paternity?

But sometimes biological fathers file for paternity in order to have a relationship with their child. Paternity typically is determined through DNA testing.

What is the difference between paternity and alimony?

Alimony: An allowance made to one spouse by the other for support during or after a legal separation or divorce. Pater nity: Origin or descent from a father (to establish paternity is to confirm the identity of a child's biological father).

What is family law?

Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.

What is juvenile law?

Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juvenile adjudication. Paternity: proceedings to establish and disestablish paternity, and the administration of paternity testing. This list is not exhaustive and varies depending on jurisdiction .

Who is the author of Keeping It Civil?

Klaw, Margaret (2013). Keeping It Civil: The Case of the Pre-nup and the Porsche & Other True Accounts from the Files of a Family Lawyer. Algonquin Books. ISBN 978-1616202392.

What is conflict of laws?

Conflict of laws. Issues may arise in family law where there is a question as to the laws of the jurisdiction that apply to the marriage relationship or to custody and divorce, and whether a divorce or child custody order is recognized under the laws of another jurisdiction.

Who published Focus on the Family?

From Focus on the Family’s Complete Guide to the First Five Years of Marriage, published by Tyndale. Copyright © 2006, Focus on the Family. All rights reserved. International copyright secured.

What happens if one spouse is dependent on his parents?

If one spouse remains too dependent upon his or her parents, that needs to be addressed in a straightforward way. If one spouse is blaming the in-laws for a disagreement the couple is experiencing, that should be dealt with, too.

What to do if you are engaged to your in-laws?

If you’ve become engaged in a quiet (or not so quiet) war with your in-laws—and maybe also with your spouse—about these tangled issues, don’t let it erode your marriage further . Do the healthy thing and seek out a Christian therapist.

What happens when you get married?

When you married, you also became part of another family with its own set of expectations. You need to recognize and respect those—within limits.

Do you owe your in-laws your faith?

The first principle that applies here is that, if you’re a Christian, you owe your in-laws behavior that’s consistently Christian in character—as you do anyone else. This doesn’t ignore the reality that if your in-laws are “difficult” people, are controlling and manipulative, are emotionally or mentally dysfunctional, or don’t share your faith, this may be a particularly hard challenge. The problem is that they’re not just anyone. They’re connected to your spouse through genetics, history, and complex psychological dynamics.

Can you enjoy a family event?

Enjoying the family event is possible, even if you follow it with a reminder to the children about the real meaning of the holiday. When you married, you also became part of another family with its own set of expectations. You need to recognize and respect those—within limits.

What is the relationship between a lawyer and a client?

The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or confidential. This means that lawyers cannot reveal clients' oral or written statements (nor lawyers' own statements to clients) to anyone, including prosecutors, employers, friends, or family members, ...

What does Heidi tell her lawyer about the drugs?

Heidi tells her lawyer that the drugs belonged to her , and that she bought them for the first time during a period of great stress in her life, just after she lost her job. Heidi authorizes her lawyer to reveal this information to the D.A., hoping to achieve a favorable plea bargain.

Can a prisoner testify to a lawyer?

If a jailer monitors a phone call and overhears a prisoner make a damaging admission to the prisoner's lawyer, the jailer can probably testify to the defendant's statement in court.

Does Blabbermouth waive confidentiality?

Blabbermouth defendants waive (give up) the confidentiality of lawyer-client communications when they disclose those statements to someone else (other than a spouse, because a separate privilege exists for spousal communications; most states also recognize a priest-penitent privilege). Defendants have no reasonable expectation of privacy in conversations they reveal to others.

Is a lawyer's client's testimony confidential?

Can they testify to what you said? Yes. Lawyer-client communications are confidential only if they are made in a context where it would be reasonable to expect that they would remain confidential. ( Katz v. U.S., 389 U.S. 347 (1967).) A defendant who talks to a lawyer in such a loud voice that others overhear what is said has no reasonable expectation of privacy and thus waives (gives up) the privilege. Similarly, people who talk about their cases on cell phones in public places risk losing confidentiality.

Is Heidi's statement to the D.A. confidential?

Heidi authorized her lawyer to reveal her confidential statement to the D.A. But a statement made for the purpose of plea bargaining is also generally confidential, so the D.A. cannot refer to it at trial. Example: Same case. Soon after her arrest, Heidi speaks to her mother in jail.

Who is Heidi Hemp's lawyer?

Heidi decides not to hire Lawless and, instead, retains Bill Mucho as her lawyer after she bails out. At trial, the prosecutor calls Lawless as a witness and asks him to reveal what Heidi told him in their jail conversation. Lawless cannot testify. Lawless spoke to Heidi in his capacity as an attorney, so their conversation is confidential even though Heidi decided to hire a different attorney.

What is privileged attorney?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...

What is the client privilege?

The Client's Privilege. Generally, the attorney-client privilege applies when: an actual or potential client communicates with a lawyer regarding legal advice. the lawyer is acting in a professional capacity (rather than, for example, as a friend), and. the client intended the communications to be private and acted accordingly.

Do attorneys have to disclose information to prevent death?

But if a client initiates a communication with a lawyer for the purpose of committing a crime or an act of fraud in the future, the attorney-client privilege typically doesn't apply. Likewise, most states allow—or require—attorneys to disclose information learned from a client that will prevent death or serious injury. Many have a similar rule where revealing otherwise confidential information would prevent or remedy financial injury due to a crime or fraud.

Can a lawyer disclose previous acts?

If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.

Can a lawyer disclose confidential information to a prospective client?

Preliminary communications between a potential client and a lawyer are normally subject to the attorney-client privilege. That means that lawyers can't disclose what prospective clients reveal in confidence even if the lawyers never ends up representing them. ( In re Auclair, 961 F.2d 65 (5th Cir. 1992).) To be sure, though, you should confirm with a prospective lawyer that the privilege applies before you reveal anything you want to keep secret.

Can a client overheard a lawyer testify?

But a client who speaks to a lawyer in public wouldn't be able to prevent someone who overheard the conversation from testifying about it. Similarly, a client can forfeit the attorney-client privilege by repeating a conversation with an attorney to someone else, or by having a third person present during a conversation with the lawyer. No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Is attorney client privilege inadmissible?

If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.

What are the unwritten rules of family court?

3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

Why do judges get away with misconduct?

Judges do get away with misconduct because lawyers usually do not confront them because they know that the fate of their practice and cases hinge on their dealing with a judge.

Who is Cathy from About.com?

For 11 years, Cathy was the About.com Expert to Divorce Support where she covered all aspects of the divorce process.

Can a deadbeat dad not pay child support?

It isn’t only deadbeat “dads” that get away with not paying child support; it is any non-custodial parent in possession of an order to pay child support.

Can a father go to jail for not paying child support?

Family court judges have the power to send fathers to jail for not paying child support . Numerous judgments bear testimony to the fact that judges are reluctant to exercise this lawful power against fathers.

Is an ex-spouse held accountable for child support?

Their ex-spouse is not held accountable and they and their children are left to struggle due to a system that is supposed to protect them. Below is an example of what happens in the Family Court System when trying to collect child support.

What is the role of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”

What are the rules of professional conduct?

The American Bar Association publishes the Model Rules of Professional Conduct, which lists standard ethical violations and best practices for lawyers. Some states have adopted the model rules as their own ethical rules, while others use it as a guide and modify or add rules.

What to do if you think your lawyer violated an ethical rule?

If you think your lawyer has violated an ethical rule, you may file a complaint with the disciplinary board in the state where the lawyer is licensed.

What is a conflict of interest in law?

Conflicts of interest. Lawyers owe a duty of loyalty to their clients, which means they must act with the client’s best interests in mind. This includes avoiding situations that would create a conflict of interest—such as representing two clients on opposite sides of the same case or taking on a new client who wants to sue an existing client.

Can a lawyer return a client's file?

Not returning the client's documents. A client’s file is generally considered to be the property of the client. When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence.

Can a lawyer face discipline?

Lawyers who don’t live up to their ethical obligations can face discipline from a state board. Lawyers are human, and like everyone else, they sometimes make mistakes when representing clients. In some cases, the mistakes are small and easily fixable—for example, not filing enough copies of a document with the court or needing to reschedule ...

Is it ethical to dispute a lawyer's fees?

However, a simple dispute over how much you owe your lawyer in legal fees is generally not an ethics matter.

Can a DSS lawyer contact opposing counsel?

The DSS lawyer is correct. A party who is represented by counsel cannot be contacted directly by opposing counsel unless that party and opposing counsel expressly authorized direct contact.

Can a lawyer talk to you without your attorney's permission?

That is correct - he should not be talking to you without your attorney's permission.

Can a lawyer talk to you directly?

No, they cannot talk to you directly. All communication has to go through the lawyers in order to protect your rights and attorney-client privilege.

What happens if my spouse meets with an attorney?

If your spouse meets with an attorney first, it could create a conflict of interest that would not allow them to represent you. (Incidentally, this was a tactic that Tony used when mulling over divorce with Carmella in The Sopranos .) Secondly, attending several consultations can help you better understand the process, your rights, and help you to manage your expectations. Thirdly, meeting with several attorneys enables you to weed out the ones who aren't a great fit.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

How to deal with divorce issues?

While it may seem difficult, coming to an agreement with your spouse can alleviate a lot of the issues of divorce and it could also save a lot of ugliness down the line. If you have kids and common friends, it's likely that you and your spouse may be in each other's lives for years, even decades to come. Those interactions aren't going to be made easier if one or both of you hired some hard-nosed lawyers and caused each other pain. If you can work it out, you and your spouse can each part ways without feeling taken advantage of by the other.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

How do divorce lawyers save money?

That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.