Carlsbad Family Law Attorneys - Our Practice Areas
How Can We Help You?
Our lawyers represent our clients in family law matters throughout San Diego and adjacent counties.
Divorce and other family law disputes can be very difficult for the adults and children involved. We take considerable time to guide clients through the process by explaining the law and helping clients understand their rights. Sometimes, just knowing that you have an experienced professional seeking the best possible result on your behalf can provide tremendous relief in difficult times.
We have successfully represented many clients in divorce, custody, domestic violence, paternity, and other family law matters for more than 30 years. We deliver a high level of service at a reasonable ra
We provide experienced and personalized legal services in a wide range of family law matters, including:
Divorce
In California, as well as most states, divorce is “no fault.” Therefor, the object is to terminate the marital relationship while addressing the issues related to a divorce, such as, division of community property, allocation of community debts, issuing child support orders for the minor children and spousal support orders, if applicable.
Paternity
Where there are minor children and the parents are not legally married, the court must acquire jurisdiction so as to issue a paternity judgment for the purpose of formalizing the parents relationship to the minor child or children. Thereafter, the court will make orders for child support, custody and visitation.
Child custody and visitation
There are two types of child custody in California: legal custody and physical custody. Legal custody refers to which parent will make important decisions about a child’s wellbeing, such as choosing his or her residence, health care provider, school and child care provider. Physical custody refers to which parent the child lives with most of the time.
Both legal and physical custody can be joint or sole. Joint legal custody allows parents to share the rights and responsibilities of making important decisions about their children. Joint physical custody means that children live with both parents, although often it is too difficult to divide time in an exact 50/50 split, so children may live more with one parent than the other. If a parent has the children more than half the time, he or she may be considered the primary custodial parent. Sole custody usually means that the children live with one parent most of the time, but visit the other parent. In many cases, the court will award joint legal custody but not joint physical custody.
California courts focus on the best interests of the children when determining child custody and visitation. The best interests of the children may require a complex analysis of issues that are very emotional for all family members. Generally, the court tries to maintain the “status quo,” or the conditions that existed before the divorce.
Domestic Violence
There are two types of Domestic Violence cases. There is criminal domestic violence, per Penal Code section 243(e)(1). There is also non-criminal domestic violence’ per Family Code section 6203 (The Domestic Violence Prevention Act.
Criminal Domestic Violence is a misdemeanor or sometimes a felony, depending on the nature and severity of the injuries. The “victim” of an act of Domestic Violence must be an “intimate partner” of the party commiting the act. An intimate partner is any of the following:
Any partner, regardless of sexual orientation, that is,
your current or former spouse,
your fiance or fiancee,
a co-parent of your child,
a person that you have or a had a dating relationship,
a person with whom you live.
Non-criminal Domestic Violence, is “abuse” perpetrated against any of the following persons:
(a) A spouse or former spouse.
(b) A cohabitant or former cohabitant, as defined in Section 6209.
(c) A person with whom the respondent is having or has had a dating or engagement relationship.
(d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).
(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.
(f) Any other person related by consanguinity or affinity within the second degree.
The word “abuse” is,
(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
Abuse is not limited to the actual infliction of physical injury or assault.
If you have been served with a Domestic Violence Restraining Order, or are the victim of Domestic Violence and require the protection of a Restraining Order, we can help. Do not hesitate to contact us.
We also handle other family law matters such as prenuptial agreements, step-parent adoptions, and guardianship of the minor cases.
We also handle the following:
- Post judgment modification
- Enforcement of court orders
- Spousal support
- Child support
- Property Division
- Stepparent adoption
- Guardianship of Minors
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