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What are Family Court Records?
Family court records refer to proceedings involving family matters or
relations. It may concern the severance of the marriage bond between spouses
through the three modes of separation. It may also pertain to judicial
resolutions regarding child custody and support.
Family court records are court records that pertain to family-related court
cases. The family court is but one of several specific subject-matter
jurisdiction cases created through federal law by the U.S. Congress in the
exercise of its prerogative granted by Article III of the U.S. Constitution.
There are several types of family court proceedings. Those that involve
marriage, in particular, are annulment, legal separation and divorce.
In legal separation, the marriage bond between the spouses is not severed.
However, they get to live their lives separately without either party accusing
the other of abandonment (which is actually a ground for a no-fault divorce).
On the other hand, annulment is the legal procedure by which a marriage is
officially declared as having been void from the beginning. The grounds covering
this type of “separation” between spouses can be said to be the strictest among
the three because the petitioning spouse needs to prove that he or she would not
have agreed to get married had he or she known the information or circumstances
that were withheld from him or her.
Divorce is by far the most common case of separation. It is quite similar to
annulment since the court decision dissolves the marriage. The decree recognizes
the existence of the marriage until its judicial dissolution, unlike in
annulment where the court declares the marriage as having been invalid from the
start. Many state courts grant divorce on what is called a no-fault divorce as
long as several situations can be proven. The grounds for no-fault divorce vary
from state to state, some of which include: irreconcilable differences,
insanity, adultery, desertion, neglect, felony conviction and abuse.
Family Court Records – What About the children?
Other family court proceedings involve the children themselves. Child custody
hearings are proceedings that determine which of the parties have a better
“claim” and are in a better position to provide a better life for the child or
children involved. Cases like these come about as a result of the separation of
spouses, the death of one or both spouses, or incidence of child abuse.
Another type of family court case involving a child is adoption. Although
adoptions are usually made out of court, certain legal requirements or
complaints from concerned parties may turn the procedure into a suit. Some
eventually end up becoming child custody cases.
Other family court cases involve marriage, cohabitation, paternity cases,
appointment of legal guardians for wards, emancipation of minors, child support,
and child abuse.
The parties who usually benefit from family court records are usually the
individuals directly involved in the cases themselves or genealogists. A
divorced person may need proof of divorce (for whatever reason). Genealogists
need information to trace family histories. Regardless of the purpose, these
information can be requested through the court clerk or through the internet
(through the U.S. court’s online system called PACER or through other websites
providing related services).
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If you’re interested in looking for a particular family court record, go to
RecordsSiteReviews'
family court proceedings section for a preview of the top
search service providers we have outlined.
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