A family attorney specializes in legal matters related to family relationships. Family law is some of the most complex there is, so working with a skilled family attorney is always going to be important if you want to ensure your best interests are protected. If you are in need of an attorney in San Diego, CA, we here at the law office of Kevin Lemieux are ready and eager to serve you.
6 Services We Offer
Divorce Help
Divorce, or the dissolution of marriage, is a complicated process with long-lasting implications if any mistakes are made. A qualified family law attorney can guide you through all these legal steps while also safeguarding your interests.
A key aspect of divorce that an attorney can assist with is property division. California is a community property state, meaning assets and debts acquired during the marriage are typically divided equally, so your attorney will advocate for a fair distribution of marital property, ensuring especially that any complex assets, retirement accounts, and potential hidden assets are all considered.
Your lawyer may also assist with divorce-related situations, such as spousal support or child custody. Spousal support may be awarded to help a spouse maintain their standard of living after divorce. Your attorney will help you analyze factors like income disparity and length of the marriage, working to establish a fair support structure or defend you against unwarranted claims. When children are involved, divorce proceedings must address custody and visitation plans, so your attorney will fiercely protect your parental rights and work towards arrangements that genuinely prioritize the well-being of your children.
Child Custody and Visitation
Determining child custody and visitation is often one of the most emotionally fraught aspects of family law. Your attorney will champion your parental rights and ensure that all decisions made put the best interests of your children first. Your attorney understands the emotional toll these decisions can take on everyone involved and will work towards solutions that prioritize both your parental bond and the stability your children need.
Types of Custody
They’ll also help you with decisions regarding types of custody. California recognizes sole custody (one parent has primary decision-making authority) and various forms of joint custody (shared decision-making). Your attorney will explain the options and assist you in pursuing the arrangement that works best for your family. They will clearly outline the long-term implications of each custody type, as well, helping you make informed choices.
Visitation Schedules
A detailed visitation plan is essential if parents won’t be spending equal time with the children. Your attorney will help you to develop schedules that balance a child’s need for stability with the right of both parents to maintain strong relationships with their children and which the courts will accept. This means your lawyer will be taking into consideration factors like school schedules, extracurricular activities, and special holidays as well as the relevant laws and their knowledge of the local courts to create a plan that is practical and fosters healthy parent-child connections.
Relocating
If relocation is necessary for you, or if your ex-spouse is relocating, you will need legal assistance, since moving can have significant legal implications for your child custody orders. Your attorney will understand the restrictions and how to navigate them if either parent intends to relocate. They will help you understand the legal requirements if you intend to relocate with the child or will assist you in protecting your parental rights if the other parent plans to move away.
Child Support and Spousal Support
Your family attorney will advocate for fair support payments, considering the established child support guidelines in California and your individual circumstances. In determining child support, calculations are typically based on a statutory formula. Your attorney ensures the formula is applied correctly, taking into account income, time spent with each parent, and any special needs of the child.
Spousal support (alimony) is not always granted but may be appropriate in certain circumstances. Factors such as income disparity, earning potential, the length of the marriage, and sacrifices either of the spouses may have made during the marriage are all considered. Your attorney will either build a strong case for the support you need or defend against unwarranted spousal support requests.
Domestic Violence Restraining Orders
If you or your children are experiencing domestic violence, a family law attorney can provide vital assistance so you can stay protected. They understand the delicate nature of these cases and will work swiftly to help secure a restraining order, including protection from contact, removal from the residence, or temporary custody, as needed.
These orders will prohibit the abuser from contacting or coming near you and your children. The abuser may be ordered to leave the family home, and, in extreme cases, temporary custody may be granted to protect children. A restraining order can provide crucial safety and breathing room in these situations, and your attorney will stand with you throughout this process and keep the ball moving.
Legal Separation
Legal separation is a formal process that offers an alternative to divorce for couples who may not wish to dissolve their marriage permanently. While legally separated, couples address many of the same issues as divorce. Your attorney can assist with separation agreements, which formalize asset division, support payments, and custody/visitation within a legal agreement.
While assets are separated, couples remain married, potentially impacting matters such as insurance benefits and tax filing. Your lawyer will help you navigate these and other legal issues that can be unclear or confusing during separation. They will ensure the separation agreement is fair and legally sound, protecting your interests as you embark on this new phase.
Juvenile Dependency (CPS Cases – Child Welfare Law)
Allegations of child abuse or neglect can lead to the involvement of Child Protective Services (CPS). A family lawyer specializing in juvenile dependency law is vital to combatting these serious cases. Their understanding of CPS will help you navigate investigations and court hearings, as well as defend you against allegations.
Your attorney will work to ensure your parental rights are upheld and will advocate for family reunification if the children have been removed. CPS cases can be incredibly stressful, and your attorney will be both your legal guide and your supporter throughout the process.
Why Work with Us
Our extensive trial experience sets us apart. While many attorneys settle cases out of court, and this is often the preferred outcome, we are also both prepared and confident to take your case to trial if it means getting the best possible outcome for you and your family. Not every case requires a trial, but having an attorney with proven courtroom skills gives you leverage in negotiations and the assurance that your interests will be fiercely defended if necessary.
By exclusively focusing on family law, we have an in-depth understanding of the nuances of this field. This concentrated knowledge ensures that you’re going to receive informed guidance tailored to your specific needs.
We recognize that family law matters touch on sensitive and emotional issues, too. We approach each case with both compassion and a firm commitment to protecting your rights throughout the legal process. No two families are the same, and neither are any two family law cases.
