Family law deals with legal matters facing families, such as divorce, child custody, visitation, spousal support and estate management. Although the legal system is divided into the federal and state courts, family law matters are left to be determined by the appropriate state courts. Different states have different court systems, and this determines which courts deal with family law cases in any given state. But there are some similarities in the types of courts that hear family cases.
Superior Court
Some states such as California and New York have superior courts, while others like Virginia have circuit courts that hear family cases. Either of these courts has a family laws court division that deals with matters such as: divorce, child custody, visitation, spousal support and elder abuse. Other states do not have a specific family law division, and cases are filed in the civil case division of the state superior or circuit court.
Family Court
The family court can be a stand-alone court or a division of the circuit court, superior or the state district court. States such as Delaware have a stand-alone family court, while others such as Kentucky derive their family courts from the main state courts. The family court deals with specific issues of adoption, annulment, divorce, alimony, custody, and child support.
Probate Court
The probate court can be a stand-alone court such as in Ohio State, or it can be derived from the superior court such as in Los Angeles, California. This court deals with family matters involving the management of wills and assets of a person who dies, as well as trust, guardianship and conservatorship proceedings. Through this court, wills and assets are administered to the appropriate family members when there is a dispute. If a person dies intestate (without a will), the probate court also has the jurisdiction to decide how the assets will be managed.
Juvenile Court
The juvenile court hears cases involving abused or delinquent children who are younger than 18 or 21 years old. The court also provides legal and administrative services to families, children and youth who are involved in abuse, neglect or crime. The court not only listens to juvenile cases but aims at issuing rulings that are in the best interest of the child or youth. This court can also provide an attorney to represent the child in court hearings.
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