" I understand the importance of each case.. "

FAMILY LAW

DIVORCE . ANNULMENT . CHILD SUPPORT CUSTODY AND VISITATION . RESTRAINTING ORDERS GAURDIANSHIPS . PATERNITY

Family law includes a wide range of issues that affect the family. The most common issues are Divorce, Annulments, Child Support, Custody, Visitation, Restraining Orders, Guardianships and Paternity cases.

DIVORCE Divorce involves the termination of a marriage. In California you do not need any specific reason for a divorce. The most common ground for a divorce is irreconcilable differences. This simply means that you do not get along anymore. The reason why you do not get along is usually not important to a divorce. In a divorce the court can decide a variety of issues relating to your marriage, i.e. custody and visitation, child support, spousal support, division of property and debts.

ANNULMENT An annulment is having your marriage declared invalid. This is different from a divorce because a divorce terminates a valid marriage. An annulment says that your marriage was never valid. Some grounds for declaring your marriage invalid are bigamy, incest, fraud, unsound mind, force, or one of the parties was under age at the time of the marriage. Annulments cannot be granted solely on the amount of time you were married. A three day marriage can be just as valid as a ten year marriage.

CHILD SUPPORT Child support is the obligation to support your minor children. A minor child is defined as any child under the age of eighteen years and not a full time high school student. If a child reaches eighteen years of age, a parent is still obligated to pay child support if that child is a full time high school student and lives at home. In these cases the obligation to pay child support ends when the child graduates from high school or reaches the age of nineteen, whichever comes first. There is no legal obligation to pay child support while a child goes to college unless the child is under the age of eighteen. Child support will also end is a child becomes emancipated or marries before reaching the age of eighteen. The three main factors that determine child support are the income of the mother, income of the father and amount of time the parent who does not have custody, visits with the children. A parent's personal debts are not considered in deciding child support. A car payment, mortgage, payment to the IRS, etc. are not factors considered to determine child support.

CUSTODY AND VISITATION There are two types of custody. Legal and Physical. Legal custody simply means that both parents have the right to be involved in the decision making process concerning the raising of the children. Physical custody involves where the children actually live. In most cases legal custody is shared between the parents. In some cases joint physical custody is ordered. Visitation involves a parent's right to see their children when the other parent has custody. The law states that it is in the best interest of the child to spend as much time as possible with each parent. Visitation orders vary from case to case. Most involve some form of alternating weekends. For parents who live far apart from each other, extended time in the summer is standard.

RESTRAINING ORDERS Typical restraining orders are necessary when there is violence involved in a relationship. Restraining orders involve relationships other than husband and wife. They can involve two people living together or two people involved in a dating relationship. Sometimes restraining orders involve two people who are no longer involved in a relationship. Restraining orders can prohibit certain conduct or keep a person away from the person seeking restraining orders. In a divorce proceeding restraining orders can also prevent one party from disposing of or destroying property.

GUARDIANSHIPS Guardianships are necessary when a child's parents are unable to care for that child. Any maternal or paternal relative may apply for guardianship. Although a blood relative is preferable, any person who has a close relationship with the child may apply for guardianship.

PATERNITY Paternity cases involve the establishment of parental rights and responsibilities. Once a person is found to be the parent of a child, a paternity case will then determine issues such as custody, visitation and child support. A paternity case will not deal with division of property or debts.

SOUTHERN CALIFORNIA
LEGAL RESOURCE GUIDE

DEPARTMENT OF MOTOR VEHICLES

LOS ANGELES COUNTY
COURT HOUSES

ORANGE COUNTY
COURT HOUSES

RIVERSIDE COUNTY
COURT HOUSES

SAN BERNARDINO
COURT HOUSES

VENTURA COUNTY
COURT HOUSE

PROP 36