Going through child custody litigation can be very difficult and emotionally trying. Child custody litigation can come about in divorce or domestic partnerships. In the typical custody cases, parents must either reach an arrangement that is fair and reasonable for both their children and the parents, or an arrangement will be ordered by the court. A family law lawyer’s goal should be to negotiate the best arrangement out of court while at the same time being fully prepared to present an effective argument if litigation is unavoidable.
Are you looking for family law and divorce lawyer who is both dedicated to helping mothers and father who are going through a divorce that involves child custody? Attorney Brian Burkett is an experienced child custody attorney and offers a free consultation to member of his San Diego community who are struggling with a divorce and/or child custody dispute.
Going trough a divorce or child custody case is difficult and hazardous. The choice you make while going through a divorce or child custody case can have serious consequences for you and your family. Since the decisions you make while dealing with a family law issue is important, you should seek advice of an effective family law lawyer or divorce attorney.
When there is an economic disparity between a married couples, the court can order a spouse to pay alimony, which is also know as spousal support in California. Typically, there are two types of support that the court orders during a divorce proceeding, spousal support and child support. These two types of support differ in a few important respects.
California is a community property State whereby all property acquired by the couple during the marriage is considered community property unless it was acquired by gift or inheritance. This sort of legal arrangement can create serious headaches down the road if the parties decide to get a divorce, which is know as a Dissolution of Marriage in California.
Family Law practices represent an important counterweight to gender inequality in California. Although some men might think having to pay child support represents a sort of gender inequality since the burden of child support typically falls on to the back of men, this could not be further from the truth since gender is not a relevant factor when child support is calculated. The remarkable part of some Family Law practices is that it can act as a counterweight to gender inequality while remaining gender neutral. This article will briefly discuss how this is even possible.
50% of all first time marriages end in divorce in California. Few people have not been either effected by or do not personally know someone who has been affected by a divorce. The fact is that divorce is an emotionally charged situation in which a person exposed to serious consequences that can have far reaching effects and most people will be touched by divorce at sometime or another.
A Family Law Attorney deals with a variety of issues pertaining to the family. Unfortunately, an individual typically only needs a family law attorney when a dispute arises. Although family law attorneys can be helpful with an adoption or an undisputed divorce where both parties are cooperating and just need help filling out the necessary paper work for dissolution of marriage, a family law attorney is especially valuable when a dispute arises for a variety of reasons. Family law attorneys can assist people with contented divorces, establishing paternity, modifying child custody, legal separations, guardianships, attaining child support orders, enforcement and collection of child support arrears, etc. This type of attorney can be especially helpful in these types of disputes because they are often emotionally changed situations and our legal system can be convoluted at times.
“The channeling function of Family Law” is a term originally coined by Carl E. Schneider in an Article originally published in Hofstra Law Review in 1992. Schneider claimed that the channeling function of the Law was one of an essential function of our law and that it was a major component of Family Law. He reasoned that the law should shape and order our lives much like a channel shapes a body of water. The walls of a channel form boundaries of where the water can flow and in turn direct the motion of it flow. This is the image Schneider was envisioning.
In California, establishing paternity is not as clear cut as someone unfamiliar with Family Law might think. It is completely possible for a person to be determined a child’s legal father in spite of DNA test that says other wise. There are various ways this can happen and do not necessarily mean that the father was cuckolded. Establishing paternity in a Family Law dispute is extremely important because it establishes the foundation for any legal action regarding child support, visitation or custody. A person has no parental rights and/or responsibility to a child without first laying this foundation and establishing legal parentage. Before this foundation can be set in legal stone, it is critical that a father (and in some cases a mother) knows his (or her) rights because little can be done once the court has designated paternity. Seeking out a knowledgeable paternity lawyer Chula Vista might be wise in a situation where parentage is not clear or is being disputed.