Marriage Rights
Right to Marry: Adults have a right to get married lawfully, as defined by state provisions such as minimum age and informed consent.
Right to Prenuptial Agreements: Marrying parties may enter into a prenuptial agreement with regard to rights in separate property.
Right to Shared Property: Spouses enjoy rights to the marital property.
Right to Spousal Support: Under specific circumstances, a spouse has the right to financial support post-divorce.
Read Also:
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- https://swiftlawadvisor.com/30-common-questions-about-family-law-answered-2/
Right to Privacy: Spouses have the right to privacy in their marriage.
Divorce Rights
Right to File for Divorce: Either spouse can file for divorce based on grounds that exist under state laws.
Right to No-Fault Divorce: Most states permit divorce without proving fault.
Right to Division of Property: Both parties have rights to fair division of marital property.
Right to Debt Division: Marital debts are usually divided equitably in divorce.
Right to Revise Divorce Agreements: Agreements may be revised in case of significant changes in circumstances.
Rights on Custody
Right to Custody: The rights of both parents are equal in seeking the custody of their child.
Right to Visitation: The non-custodial parents have a right to visitation unless it proves harmful to the child.
Right to Joint Custody: The courts often opt for arrangements wherein both parents enjoy the custody.
Right to Decide for the Child: Parents who have legal custody are entitled to major decisions of a child’s life.
Right to Emergency Custody: A parent can obtain emergency custody for protection of a child from harm.
Child Support Rights
Right to Child Support: The custodial parents are entitled to financial support for the needs of the child.
Right to Enforce Child Support: The court can enforce the child support order through legal action.
Right to Terminate Child Support: Parenting parties may apply for termination due to changed circumstances.
Right to Have the Child Supported Both Parents: The child has the right to financial contributions from both parents.
Right to Challenge Overly High Payments: Non-custodial parents may object over-hasty decisions of child support.
Adoption Rights
Right to Adopt: Individuals or couples may file a petition for adoption
Right to Stepparent Adoption: Stepparents may adopt their own stepchildren with the consent.
Equitable Treatment Right: Adoptive parents have the same rights as biological parents.
Right to Claim Against an Adoption Decision: Biological parents can apply to court to block an adoption order on the grounds that their parental rights have not been legally vested.
Right of Access to Adoption Records: Some adoptive children may be allowed access to their records when they become adults.
Domestic Violence Rights
Right to Protection: Victims of violence can apply for an order restraining their abuser.
Right to Emergency Orders: Courts may order emergency protective orders to guarantee safety immediately.
Right to Sole Custody in Abuse Cases: An abusive parent can lose rights to custody.
Right to Shelter: Victims are entitled to access emergency shelters and other resources.
Right to Financial Support After Abuse: Courts can order support for the victim before and after divorce.
Parental Rights
Right to Decide: Parents have the right to decide about education, medical, and religious matters for their children.
Right to Move: Custodial parents can move with permission from the court.
Right to Oppose Moving: Non-custodial parents can oppose moving if it affects visitation rights.
Right to Grandparent Visitation: In some cases, grandparents can seek visitation rights.
Right to Paternity Testing: Fathers can establish or dispute paternity through testing.
Financial Rights
Right to Property of Marriage: The rights regarding marital property.
Right to Know About Finances: A spouse should have full access to financial property at the time of divorce.
Right to Monitory Award: A spouse should receive monetary relief for their role in the marriage, such as homemaker service.
Right to Provisional Alimony: There is a provision of provisional alimony or interim child support ordered by the courts during the court procedure.
Right to Challenge Financial Arrangements: The couple can dispute unfair prenuptial or divorce agreements in court.
