Frequently Asked Questions
These frequently asked questions were answered conforming practice in the state of California.
What does family law cover?
In summary family law covers undergoing divorces, child custody, visitation schedules, domestic violence, restraining orders, emergency custody orders, child support, spousal support, and many other subcategories within the main ones listed.
Can I move states if I have custody?
If the other parent does not have any involvement with the child/children or court ordered visitations then yes. Now if the other parent shares visitation or partial custody and does not agree it needs to be brought before judge to make a decision in best interest of the child/children.
How to begin divorce process?
To begin the process you must fill out and file the paperwork provided by the court. Filing costs approximately $450.00 but can possibly change over time. Certain States require you've lived there for 6 months and 3 months in a specific county. Once everything is filed now the respondent has 30 days to answer.
How long do divorces take?
Divorces can take months to sometimes years to finalize because every case is different; some cases involve division of property, child custody, and many other factors that can affect speed of the case.
How do judges determine custody?
A judge rules custody in favor of whatever is the child/children's best interest. Recommendation -be presentable.
I lost my job, do I still pay child support?
Yes, although you lost your job you're still responsible for child support payments, but you should notify the court of your current situation so they may decrease the amount due. Once you get a job you must disclose to the court your new income to correct the amount due.
Do you offer payment plans?
Yes, we offer payment plans that help you spread the payments if you can't pay the complete initial retainer fee. Depending on the case and amount we have plans that charge automatic payments twice a month over the span of 2-4 months. If the case is prolonged and further funds are needed you can request to extend the plan.
What do I do if the person on restraining keeps contacting me?
Although nonstop harassment can be unbearable it is recommended to not engage in conversation. keep track of calls and make a police report because they are in direct violation of the restraining order.
I have evidence my spouse cheated, what can I do?
Unfortunately the state of California does not punish in any way the action of infidelity or adultery. So the evidence would be irrelevant to penalize a party in any family law court case.
Can I travel with my children when I share custody?
When attempting to travel you must receive other parents consent preferably in written form. If you have full custody but court ordered visitations, try and work a vacation around those days.
I want to initiate custody order over my children but my immigrant status is pending, what should I do?
Fortunately, California does not take into consideration immigration status to award either parent custody.