Family law is centered around delicate personal issues that revolve around the family unit. Assisting families in Escondido, the team at San Diego Family Law Attorney understands that these issues can cause emotional pain, so we try to handle every case with compassion and a high level of professionalism. At our law firm, we specialize in the various aspects of family law, however, what makes us unique is our efforts to resolve each family dispute or issue outside of family law jurisdiction. We believe that through cooperation, family issues can be solved in a cost and time efficient manner. When a dispute enters a courtroom room each party will need to present private information to a judge. The judge will decide based on the arguments brought to the table. This type of decision making causes more harm to the family unit and one party usually walks away feeling as though they have been cheated due to lack of representation or preparedness. An experienced family law attorney will use all measures necessary to help the family come to a resolution that works for both parties.
When mediation is not possible because one party chooses not to cooperate with the other, then the only option left is to enter a courtroom. As mentioned earlier, entering a courtroom can be emotionally draining and time-consuming making the problem last for longer than it should. Our experienced team is ready to provide representation in a courtroom to ensure you have a proper representation of your case and are in and out of a courtroom as soon as can be. At our law firm we are capable of providing representation and consultation on the following family matters:
- Adoption: if you are adopting a child you may want to run your adoption documents through a family law attorney. A family law expert can ensure that your documents are law-abiding to avoid future confrontations with the biological parents of the child.
- Child Custody: when couples either married or unmarried decide to call it quits, they must conclude on who will live with the children. Additionally, they must also come to an agreement on visitation.
- Child Support: like alimony, child support is calculated depending on a variety of factors. Child support is meant to allow the family member with physical custody the ability to provide the same living conditions in the home prior to the divorce.
- Alimony: financial support is paid by the providing party (usually the higher earning spouse) to the lower-earning spouse to help maintain the living conditions of the home prior to the divorce filing. The amount of alimony and the duration will depend on a variety of factors.
- Division of Assets, Properties, and Debts: after a divorce, if you reside in California or any other community property state, you and your spouse will be required to split all assets, properties, and debts in a 50/50 fashion.
- Divorce in the Military: active military personnel going through a divorce should discuss their case with a local family law attorney. Military personnel undergo a slightly different divorce procedure than those applied to civilian individuals.
- Domestic Violence: domestic violence is a pattern of repeated abuse that aims to control a person in a family unit whether it be a spouse, children, grandparents, or other members of the close family. Abuse can be economical, emotional, physical, and psychological.
- Emancipation: the process by which a minor terminates his or her relationship with his or her parents or guardian. Emancipation is a process that requires consent and is not meant for children that simply want to live alone and away from their parents without a justified cause.
- Marriage: Prenuptial/Postnuptial Agreement: a prenuptial or a postnuptial agreement can be signed before entering a marriage or after entering a marriage (postnuptial) with aims to protect the assets and properties of each party. Such an agreement can also help protect each party from the debt of the other.
- Paternal Rights: In all fifty states, biological parents of a child have the right to make decisions on behalf of their child. Parents have the right to raise and the responsibility to care for their child. Some issues relating to paternal rights arise when a child is neglected or when a father has not signed his or her child’s birth certificate.
Family law is a broad term which covers all issues that arise in family units or close family members. If you require representation or consultation on the issues mentioned above, you may contact a San Diego Family Law Attorney at 619-610-7425. We are ready to help guide your case with the laws that apply to your specific issue. To learn more about the topics mentioned above you may continue reading down below.
The next section will discuss the topics mentioned above in a more detail, however, you may also visit the specific page on our website to learn more about the topic. You are also encouraged to call us today to schedule a consultation so that you may understand the specifics that apply to your unique case.
Adoption
If you are married couple considering adoption, you will need to place careful attention on the state laws that govern adoption. First and foremost, you will want to learn about your specific type of adoption. Adoption laws apply differently to individuals that are adopting a close family member, if they are adopting an international child, if they are adopting independently or with the help of a U.S adoption agency, if they are adopting a stepchild, or if they are adopting as a same-sex couple. Additionally, state laws may require that the child is of a certain age in order to be adopted or may require the adopting parents to be at least ten years older than the child as in states like California. Furthermore, adoption should be consulted with an agency or with an attorney. Adoption is a multi-step process that takes into consideration the biological parents of the child. This means that the biological parents have consented to the adoption and that the biological parents have gone through counseling. If biological parents have not given consent to adoption or if their parental rights have not been terminated in a courtroom due to neglect or family violence, then the parent may claim his or her child after the adoption procedure is complete. To learn more about adoption you will want to discuss your intentions with a family law expert in your state.
Child Custody
Child custody is often a center point of discussion when it comes to families that are going through a divorce or unmarried couples with children going through a separation. In either case, if both parents are legally acknowledged as the biological parents of the child, they will both have the right to claim rights over the physical and legal affairs of the child. There are two types of custody - physical and legal custody - a judge can grant one parent (sole) custody or both parents (joint) custody. Physical custody is given to the parent that has the closest ties with the child and who is capable of providing a home. Legal custody is usually given to both parents meaning that they can make decisions on behalf of the child regarding the school the child will attempt, the ability to select the child’s health care plan, the ability to select the child’s doctor, or the ability to select the child’s religious affairs etc.
When a divorce is underway, the parents will need to create a custody agreement otherwise known as a parenting agreement. The agreement will work out the details of who will have physical custody and who will have legal custody. Additionally, the document will explain the visitation schedule for the non-custodial parent. When there is a dispute on these issues then the dispute may be handled in court. A judge will base his or her decision on the child’s best interest. There are a number of factors that need to be presented in a courtroom in order to allow the judge to make a sound decision. Parents that fail to present their side, may lose certain rights over the child and will have to live with the outcome of the court decision. To ensure your side is represented fairly if your case enters a courtroom, you are encouraged to speak with a family law attorney.
Child Support
When it comes to child support the biggest question is how much will I need to pay and for how long? The answer is not as simple as you may think. In a family courtroom, child support will be determined primarily by the ability of the providing party. This means the court will consider the amount that each party earns. Additionally, the court will consider the number of children, the living conditions before the divorce or separation, the specific child’s needs including their schooling, health care insurance, and daycare. The duration of child support will usually last until the child is emancipated meaning they are self-sustaining individuals. This means that you may be required to pay child support until the child earns a degree, however, once in college the amount you are required to pay in child support may be reduced. Keep in mind that the laws in California take into consideration the ability of the parent to provide for the child this means that if you are on disability the amount you will be required to pay will be much lower than if you were working full time. Additionally, the type of child custody you settle for will determine how much you pay. For instance, if you share fifty percent of the physical custody you will be paying less than if you were only awarded twenty percent. Due to the complex ways in which child support is calculated, you may want to speak with a family law attorney who is capable of applying the laws to your case.
Alimony
Like with child support, those providing payments to alimony on a monthly basis will ask themselves how much will I need to pay and for how long? As with the statements above, the answer is not so simple. Alimony as with other aspects pertaining to a divorce can be agreed upon through informal measures or mediation. If you are your spouse agree on a certain amount, then you will not have to apply the alimony regulations to your case. However, if there is an alimony dispute then a judge will consider the following factors: the number of years married, the earning potentials of both parties, whether the receiving party has ever held a job, the number of children, the health of each party, the living standards prior to the divorce, and the time needed for the receiving spouse to obtain a job or an education. In most cases, alimony will end after a certain amount of time that is determined by the ability of the other to obtain a job that provides financial stability or if the receiving spouse remarries. Alimony is never fun, and it will have a toll on your paycheck, however, you may want to note that alimony is tax deductible.
Division of Assets, Properties and Debts
If you reside in Escondido, California, you will be required to split your property and debts down the middle. This means that at the end of the divorce each spouse should have an equal amount of property and debts as the other. To facilitate the division procedure, you may want to contact a lawyer who can assist with evaluating a property and other assets to ensure that both individuals walk away with their fair share. In other cases, if you signed a prenuptial or postnuptial agreement, you may not be required to split your properties or debts. Speak to an attorney to learn how these factors affect the division of properties and debts.
Domestic Violence
If you are a victim of domestic violence there are a number of things you can to do stop the abuse. First, you will want to contact the police, or you may reach the National Domestic Violence Hotline by dialing 1 (800) 799-SAFE. An attorney can help you file a domestic violence lawsuit and can help provide protection through a protection order or through a restraining order. Domestic violence should not be swept under the rug if you are a victim of domestic violence you should reach out for help as soon as possible.
Emancipation of a Minor
If you are a minor seeking emancipation, it means you are seeking to terminate the custodial relationship with your parents Individuals that qualify for emancipation are individuals that 1) have the means to provide for themselves (food and shelter), 2) have an authentic reason to seek emancipation, 3) have parental consent or court approval. Authentic reasons for emancipation include breaking ties with a family that has kicked you out of the house or if you are a high earning individual that wants to file their own taxes. If you are a child or a parent that wants to learn more about emancipation, you may contact our office today.
Prenuptial Agreements/Postnuptial Agreements
There are a number of reasons that you may want to consider a prenuptial or a postnuptial agreement. One of the biggest reason’s individuals engage with such agreements is to protect their assets and properties in the event of a divorce. If you are a high earning individual with a variety of properties and assets, you may want to engage with a prenuptial agreement to ensure that you keep what is yours in the event of a divorce. Additionally, a prenuptial or postnuptial agreement can help protect each other from the debts of the other. There are certain things that cannot be addressed in prenuptial or postnuptial agreement including certain aspects of alimony and child support. When engaging with a marital agreement you will want to work with an attorney who can provide guidance on the details that can be addressed in such an agreement.
Paternal Rights
Parents have the right to make decisions on behalf of the child until he or she is emancipated meaning they are capable of living on their own. When a family splits each parent has the right to claim custody and visitation rights to their child. In some cases, if the father has not signed the birth certificate at the time the child was born or in a court, then he will be required to prove his biological relationship with the child in order to claim rights over the child. Establishing parent rights over a child after a certain amount of time may become more difficult than if signed when the child was born.
Contacting an Escondido Family Law Attorney Near Me
Individuals going through family related issues may contact our office in Escondido, CA to schedule a consultation. We are ready to help you get through a tough time in the most time efficient manner. To reach our San Diego Family Law Lawyer you may dial 619-610-7425.
