Domestic violence can occur between people who are in a kind of family relationship. It’s most commonly thought of as a married couple, but it includes those who are dating as well.
Domestic violence does not have to be physical violence. You can commit domestic violence through harassment, threats, or manipulation. Domestic violence is not always obvious when you see it.
Having an attorney with you through a domestic violence case in Mission Viejo, CA is highly recommended. These cases have plenty of emotion behind them, and having someone with an unbiased perspective on the problem can help you avoid running into difficult situations.
One of the biggest practice areas in family law is custody decisions. California law separates custody into two categories: physical and legal.
Physical custody refers to who houses the child or children. Some couples amicably decide on joint physical custody, while others opt for one parent to handle all the physical custody. A judge may determine which parent gets the sole physical custody by examining living conditions, income, and any history of abuse.
Legal custody covers making decisions for the child. These decisions may include diet, schooling, religion, and medical care. Like physical custody, this form may also be handled jointly or with one parent controlling all decisions.
Divorces can range from simple amicable cases to protracted battles over the terms of the settlement. Having a Mission Viejo family law attorney and law firm on your side is vital for either situation.
Family law attorneys have the training to advocate for your interests during the divorce process. They can help you reach a satisfactory deal and negotiate with the other party without bias or emotional attachment. When you consider alimony and child support, you may be losing the money you are entitled to if you avoid hiring an attorney.
Even in an amicable divorce, an attorney is helpful. They can handle the paperwork to help you avoid any delays in the process and get your divorce finalized as soon as possible.
Q: Who Pays Attorney Fees in Child Custody Cases in California?
A: The party that pays for your attorney depends on the situation. In some instances, both parties will have to pay for their attorney. However, a judge may rule that one partner has to pay for the other’s legal counsel. A judge can do this if one party has significantly more money or if it is part of the settlement. The court may also have one parent cover a portion of the other’s fees.
Q: How Does a Judge Decide Custody in California?
A: Judges look at a myriad of factors when determining custody. The judge will hear from both of the parents and may speak with the child if they are old enough. Judges also consider the child’s health, the familial bonds between the child and parents, living situation, history of abuse, and schooling situation.
There’s no singular factor a judge will use to determine custody, but they will examine every aspect of your case when making a ruling.
Q: Do I Need a Lawyer for Child Custody in California?
A: You are not required to have a lawyer present when arguing in a child custody case in California. Every citizen is permitted to represent themselves in a court of law.
However, we highly recommend taking on an attorney for any family law cases. An attorney won’t have the same emotional attachment to the case, allowing them to have an unbiased view of the situation. An attorney also better understands the law than a layperson.
Q: How Many Days Before Court Must You Be Served in California for Family Court?
A: Your server must mail papers notifying you of being served at least 16 court days before a court date. The server must also include an additional cushion of five calendar days before the court appointment.
Court days are any day that the court is open. This typically runs from Monday to Friday, excluding holidays. Calendar days can be weekends or holidays.
Going through any kind of family law matter is difficult for anyone. It will make things even harder on yourself when you avoid hiring an attorney. Whether it’s a simple amendment to visitation times or a combative divorce, having a seasoned attorney on retainer can help you properly navigate these issues with confidence.
The Law Offices of Dorie A. Rogers, APC, has 30 years of experience in family law. When you need a Mission Viejo family law attorney and law firm on your side, we are skilled and knowledgeable and can advocate for you. Contact us today for help with any family law issues that you’re going through.