Family law is abroad area of law governed by the California Family Code. This code is quite vast and contains a number of sections, each divided into multiple parts that cover all kinds of things that California families may need to deal with. A family attorney in San Diego, CA is a lawyer who makes it their business to understand both the code and the local courts to provide families with the best representation and legal help possible.
What Services Does a Family Attorney Provide?
Divorce Generally
One key area where you can expect help from a family lawyer is in getting a divorce. Divorce is a complicated legal procedure in addition to being an emotionally charged event in a family’s life. It can be difficult to make good decisions in the midst of divorce, and that’s understandable given all the stress and strain that goes with dissolving a marriage. One of the key services that a family lawyer provides is helping clients to think objectively about the decisions they make during a divorce so that they can be prepared for their future. A family lawyer protects clients from making emotional decisions now that are not in their long-term best interests.
Also in a divorce, a family lawyer can act as a buffer between you and a spouse. Whether you’re in mediation or not, this kind of buffer is helpful in coming to agreements that are fair to everyone, best for the children, and acceptable to the court. When a couple can make most of the major decisions for themselves about how to divide their assets, deal with child custody, and other matters of divorce, it’s almost always best. But the court will evaluate any agreements of this nature to be sure they are considered equitable and are in the best interests of the child (if children are involved). A lawyer can ensure that this is the case with your agreement.
And, of course, a lawyer can deal with all the red tape and bureaucracy that goes along with the divorce. A lawyer makes sure that everything is filed with the proper court, correctly, and on time. Your lawyer can represent you at hearings and will even help you get restraining orders against a spouse, if that’s necessary, and investigate a spouse if you suspect they may be trying to hide assets.
Child Custody
One of the biggest potential areas of contention in any divorce is child custody, and it’s very important to have experienced legal help when you’re in a custody battle. As stated above, the California courts have a standard in these cases: “the best interest of the child.” The court will not accept any agreement that they think isn’t in the child’s best interests, and a lawyer can help you understand your rights, fight for those rights against a spouse who may be trying to take your child from you, or help you and a spouse come to agreement about child custody that the court is going to find acceptable.
We’ll also help you understand the difference between California’s “legal” custody and “physical” custody and how they may apply to you. One refers to the authority to make the most important decisions about your child’s life, while the other refers to physical access and control. In any divorce, there can be either sole custody or joint custody with both types, and having one type of custody does not guarantee you the other.
Most importantly, you need a lawyer who understands that every custody case is unique and requires someone willing to fully understand the dynamics of your family and develop a strategy that works for you.
Asset Division
Another very difficult part of any divorce is asset division, and this is especially contentious when there are assets that are complicated to divide, such as a business. In general, California law aims for a 50-50 split between the spouses of all assets that were acquired during the marriage. However, if that would not be equitable to one of the spouses, the court can decide on a different arrangement.
Things can get very complicated if you have assets from a marriage that began in another state with different laws from California. It can also be difficult to differentiate between marital property, which should be divided, and separate property, which remains the property of an individual spouse. It’s important to have a family lawyer who has extensive experience in evaluating the worth of property and helping couples figure out the best way to divide it in the context of California law.
Look for a lawyer who has specific experience in dealing with some of the most complicated assets, like pension plans, which can be extremely difficult to divide because you have to consider all the tax implications and penalties that may accrue for early withdrawal. Real estate can also be very tough to divide well, and if you and a spouse cannot come to an agreement, the court may require you to simply sell the property and divide up the profit.
Juvenile Dependency
It can be very frightening when child welfare services show up, questioning whether you are a fit parent. It’s equally scary if you’re divorced and you suddenly have worries about whether your child is safe with their other parent when you’re not able to be there to supervise. In either situation, a family lawyer is a huge asset. The juvenile court system is confusing and in some ways highly impersonal. A lawyer can help you get through this system, satisfy the legal system, understand your own rights, and protect your child.
Many parents mistakenly believe that once the state gets involved there’s almost nothing they can do. The truth is that a qualified and experienced family lawyer can help you protect all your rights. You have the right to be fully informed of everything that’s going on with you and your child, the right to participate in any court hearing that’s related to the case so that you can give your side of the story, the right to present evidence to support your case, the right to appeal a decision if you don’t believe that it is fair to you and your family, and the right to a fair trial where the judge listens to all the evidence before making a decision.
Many people don’t realize it, but you also have the right to special reunification services provided by California for the purpose of resolving whatever issues led to the difficulty in the first place.
Restraining Orders
If you or your child are the victims of domestic violence, it’s important to act quickly to protect yourself. A family law attorney understands how serious these situations are and will fight for you to get what you need to stay safe. An attorney can help you quickly get an emergency protective order which gives you immediate protection until you can go through the process of getting a longer-term restraining order.
Whatever your family law needs, contact us at The Law Office of Kevin Lemieux, APC in San Diego, CA and we’ll fight for your rights with compassion, understanding, and a commitment to protecting your family.
