Divorce Family Law Attorneys

What can Alter a Child Custody Case in family law?

2010-07-12T15:08:00.000-07:00

The main recipe for determining a child custody case would be, "what is in the best interest of the child?"

These are the main components that are looked at in a family law child custody case:

1) The child must be in an environment where they are safe and are being kept healthy.
2) Is there a past history of physical abuse by any of the parents?
3) How much of a role does each parent play in the child’s life?
4) Do either of the parents have a substance abuse problem? This includes alcohol and any type of drugs.

Do I need an Orange County divorce attorney?

2010-05-22T16:38:00.001-07:00

If you are unsure if you need a divorce attorney, ask yourself the following before you proceed on our own with the divorce proceedings:

1. Do I comprehend the forms that I need to file in order to proceed without a lawyer?

2. Do we have children?

3. Do we have large assets, pensions, 401(K)s and/or liabilities that need to be separated?

4. Is my spouse going to contest any portions of our divorce that may necessitate Court intervention and guidance?

5. Do I have any doubts about whether I am agreeing to do something that I'm not legally required to do or waiving something that I may be legally entitled to?

If you responded yes to any of the questions above, it is in your best interests to at the very least consult with a family law divorce attorney.

The following are common characteristics of a person who does not need an attorney to assist them in a divorce:

1. The parties have no children or sizeable assets that need to be separated and/or have already divided all of their assets and liabilities;

2. The person comprehends all of the divorce documents and is perfectly capable of filing them out without the assistance of a lawyer;

3. Not in a hurry and have no specific time line that they are looking for to finalize their divorce;

4. The funds that it would take to hire a lawyer is more than the value of the assets or debts the parties are contesting;

5. Alimony or child support is not at concern.

Family Law Attorney Paternity Establishment

2009-07-20T16:52:00.000-07:00

Paternity is defined as parenthood, the legal parent(s) of a child.

Married parents assume paternity automatically, that is it is presumed the husband is the biological child’s father. When couples are not married, paternity establishment is not automatic and the matter should be established as soon as possible for the benefit of the child. Unmarried parents can confirm paternity “legal fatherhood” by signing a "Declaration of Paternity” form. A Declaration of Paternity may also be signed by parents after they leave the hospital.

Unmarried parents who sign the Declaration of Paternity form help their child gain the identical rights and privileges of a child born within a marriage. Some of those rights include, financial support from parents, access to vital family medical records, access to the non-custodial parent’s medical benefits, and the emotional benefit of knowing their parents.

If you have any questions regarding spousal support or domestic violence or any family law issue then please contact the family law attorneys at 714-665-6600 for a free consultation.