What the Family Courts does
Family courts handle divorce and the division of marital property, legal and physical custody, parenting time, child support calculated under state guidelines, spousal support, paternity, adoption, guardianship, and domestic violence protective orders, which can be obtained on an emergency basis and often the same day. Many states require mediation before a contested custody hearing, and most require financial disclosure on standard forms. Proceedings are typically less formal than criminal court but the record still matters.
What it hears
- Divorce and division of marital property
- Legal and physical custody, and parenting time
- Child support under state guidelines, and spousal support
- Domestic violence protective and restraining orders
- Paternity, adoption and guardianship
Before your first court date
Establish which state has jurisdiction, which for custody usually turns on where the child has lived for the last six months — filing in the wrong state can cost months. Gather financial disclosure early: pay stubs, tax returns, bank and retirement statements, and the mortgage. Put proposals in writing and keep communication civil, because it will be read aloud. If there is domestic violence, protective orders are available urgently and often without notice, and many courts have advocates who help with the paperwork free of charge.
What happens at your first appearance
Expect a status or scheduling conference rather than a decision. Judges routinely make temporary orders on custody, support and use of the home that set the pattern for months, so the first hearing matters far more than it appears. Many courts refer custody disputes to mediation or appoint an evaluator or guardian ad litem for the children. Come with a specific, workable proposal covering school terms, holidays and exchanges — a parent with a concrete plan is far more persuasive than one with a grievance.
What to prepare
- A dated chronology of the relationship, separation and current arrangements
- Full financial disclosure — pay stubs, tax returns, statements, debts
- School, childcare and medical information for each child
- A written parenting proposal covering term time, holidays and exchanges
- Evidence of any safety concerns, including police reports
When to get legal advice
This page is general legal information, not legal advice. Family law is where the gap between an informed and an uninformed party shows most, particularly on property, retirement accounts and the realistic range of custody outcomes in your state. If there is domestic violence, ask about protective orders immediately. Legal Hotline's free line explains the process any hour on 1-844-690-0555, and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.
Where it is
Family matters are heard in the state trial court for the county where the parties or children live, sometimes in a dedicated family division. Court self-help centers and family law facilitators exist in many counties and are free.