Family Law Areas of Practice
The Law Office of Samuel H. Park, APC, provides sound advice and tenacious representation in proceedings to dissolve or annul your marriage, establish parentage, or to obtain or defend against restraining orders for domestic violence. Each area is briefly described below.
I. Marital Dissolution
Generally speaking, the issues that will need to be resolved in most divorce cases will include (1) property division, (2) custody and visitation, (3) child support, (4) spousal support, and (4) attorney's fees and costs.
A. Property Division
In California, community property laws govern the division of marital assets and debts, requiring a fair and equitable distribution. Property and debt acquired during the marriage is presumptively community property. Both the characterization and division of marital assets can be complex, governed by statute as well as extensive case law. Whether you are facing a high-net-worth divorce or have more modest assets, you need a lawyer who is well-versed in the intricacies of California family law. We work diligently to ensure that your property division is handled with precision and attention to detail, aiming to secure the best possible outcome for our clients.
B. Child Custody and Visitation
If you have minor children that are of the marriage, navigating the nuances of legal and physical custody rights will be a crucial aspect of your case. In California, legal custody can be joint or sole, with joint legal custody being the default preference of the courts unless circumstances dictate otherwise. Joint legal custody entails both parents sharing the responsibility and decision-making authority for their child. Sole legal custody, on the other hand, grants decision-making authority to one parent, often in cases where the court determines that it is in the child's best interest to limit one parent's decision-making role.
In California, there are two main types of physical custody: sole physical custody and joint physical custody. Sole physical custody grants one parent the primary residence of the child, while joint physical custody involves a shared living arrangement. The courts prioritize the best interests of the child, aiming to maintain a stable and supportive environment.
Visitation, also known as parenting time, outlines the schedule for the non-custodial parent to spend time with the child. A well-structured visitation plan is crucial for fostering a healthy parent-child relationship, even in cases of non-custodial parents. California courts encourage both parents to be actively involved in their child's life.
Custody and visitation orders may be modified at any time, even after entry of judgment. However, the standards applicable to the requested modification changes upon entry of a final order.
C. Child Support
Child support is a critical component of family law in California, designed to ensure the financial well-being of children whose parents are living separately, and to ensure that children share in the standard of living of both parents.
In California, child support is calculated based on various factors, including each parent's income, the amount of time the child spends with each parent, and specific expenses related to the child's healthcare, education, and childcare. The goal is to establish a fair and equitable financial contribution from both parents to meet the child's needs.
If you find yourself in a situation where the existing child support arrangement no longer reflects the current reality, it may be an appropriate time to request modification of the existing orders.
D. Spousal Support
Spousal support, also known as alimony, may be awarded to provide financial assistance to the lower-earning spouse for a determined period following divorce. The courts consider various factors, including the duration of the marriage, each spouse's financial circumstances, and their respective contributions to the marriage, when determining spousal support arrangements.
In California, modifying spousal support requires demonstrating a substantial change in circumstances, such as a job loss, health issues, or other factors affecting the financial capacity of either party.
E. Attorney's Fees and Costs / Monetary Sanctions
Under California Family Code § 2030, the court may order one spouse to pay attorney's fees and costs to the other spouse to ensure both parties have equal access to legal representation, irrespective of their financial resources.
Family Code § 271 also empowers the court to impose sanctions for behavior that frustrates the purpose of a fair and efficient resolution of the case. Such conduct could range from taking an unreasonable position in litigation, refusing to negotiate in good faith, to unnecessarily running up attorney's fees and costs by engaging in useless or bad-faith litigation tactics.
Often neglected, a timely request for attorney's fees and costs can provide a strong incentive to bring a case to a quick and fair resolution.
II. Parentage Action
California parentage actions, often referred to as paternity cases, are legal proceedings designed to establish the legal relationship between a parent and a child. These actions are crucial for determining parental rights, responsibilities, and child support obligations when unmarried individuals have children together. In California, parentage can be established voluntarily through a Declaration of Paternity or involuntarily through a court order.
The process involves filing a petition in family court to determine the legal parent-child relationship. Once initiated, the court may order genetic testing to establish biological parentage if there is a dispute. California law aims to ensure that children have the opportunity to develop and maintain meaningful relationships with both parents, promoting the child's best interests.
Parentage actions in California address various issues, including custody, visitation, and child support. Resolving these matters is essential for creating a stable and supportive environment for the child. The legal framework is designed to protect the rights of both parents and prioritize the well-being of the child involved.
III. Domestic Violence Restraining Orders
California domestic violence restraining orders are legal tools designed to protect individuals who have experienced domestic abuse or violence. These orders aim to provide immediate protection for victims by restraining the alleged abuser from engaging in harmful behaviors. In California, there are different types of domestic violence restraining orders, including Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Permanent Restraining Orders.
To obtain a restraining order, an individual typically needs to file a petition in family court, providing details of the abusive behavior and any evidence supporting the need for protection. The court may issue an emergency order if there is an imminent threat, and a hearing is scheduled to determine whether a longer-term order is necessary.
A domestic violence restraining order can include provisions such as maintaining a certain distance from the victim, restricting contact, and, in severe cases, ordering the alleged abuser to move out of a shared residence. Violating these orders can result in legal consequences.
When the alleged abuser and protected party have a child together, a finding of abuse can have a significant impact on child custody and visitation issues. Family Code § 3044 creates a rebuttable presumption that it is detrimental to the best interest of the child for custody to be awarded to a parent who has been found to have perpetrated domestic violence against the other parent, the child, or the child's siblings within the past five years. The law recognizes the potential harm posed to a child's well-being in an environment where domestic violence has occurred.
However, it's important to note that this presumption is not absolute and can be challenged or rebutted. The alleged perpetrator has the opportunity to present evidence that the custody arrangement would not be detrimental to the child's best interests. The court will carefully consider all relevant factors before making a final decision on custody.
