Hurt feelings and bitter emotions can easily create an adversarial environment. The conflicting parties will attempt to win at any cost, potentially harming those they are trying to protect. It can be extraordinarily difficult to step back and look at the situation objectively, then create a plan that meets the needs of every involved party. A family law attorney can wade through these negative emotions. They can help solve conflicts outside of litigation, saving money and time in the case.
Family law legal practices can be confusing and complex to handle without skilled assistance. Incorrectly completing a form or missing a deadline can have disastrous effects on your case, lowering your potential for a favorable outcome. Although a family lawyer is likely to be a valuable resource in your case, they become even more important if the other party is working with a lawyer.
Although many areas of family law can legally be handled without an attorney, it can place you at a serious disadvantage. It is very challenging to navigate these emotionally taxing situations without the support of an experienced attorney.
Q: What Are the Resolution Methods for Cases in Family Law?
A: There are multiple ways for a family law case to reach a resolution. Mediation, arbitration, and collaborative law are methods that can be used to save time and money. However, the parties must be able to work together to create a mutually satisfactory agreement. If this cannot be accomplished, the parties will need to resolve this issue during litigation. A judge will examine the case and give a ruling based on the evidence presented.
Q: Can I Modify My Current Child Custody, Visitation, or Child Support Order?
A: There are many circumstances that can necessitate a change in the current court orders regarding your children. These orders can be changed or modified by filing a Request for Order. One can also submit a request to the court to alter the current agreement. It is important to refrain from deviating from the current agreement without the court’s permission. Serious penalties can arise for the individual who breaks the agreement. These penalties can include fines or a jail sentence.
Q: How Will Property Be Divided in the Event of a Divorce?
A: California is a community property state, meaning the division of assets may become complicated. Assets and debts that were jointly acquired during the marriage are considered community property. These will be divided equitably between the spouses. Some property may be excluded from this division. This is known as separate property. These assets and debts belong to only one spouse. An example would be property that was owned before the marriage.
Q: Does the Noncustodial Parent Still Have Visitation Rights If They Are Not Paying Child Support?
A: Child support orders and child visitation orders are considered independent of each other. It is typically assumed that spending time with both parents is most beneficial for the child. Therefore, visitation and child support cannot affect each other. A parent may not withhold access to a child because of a refusal to pay child support. Likewise, a parent also cannot refuse to pay child support because the other parent is withholding access to the child.
Q: What Are the Factors That Can Affect Child Custody Agreements?
A: There are many potential factors that will be considered by a judge when creating the child custody order. The deciding consideration will be what custody agreement is most beneficial for the child. Factors that also affect the final consideration include determining which parent:
- Can provide a more stable home
- Has provided most of the child’s care
- Creates a more nurturing environment
Any case that is subject to family law court will likely be traumatic and difficult to approach with a level head. The Dorie A. Rogers, APC, understands the toll that family law cases can take on our clients. Our strong background in mental health can help provide emotional support. Our extensive background in law can help you reach a beneficial outcome for your circumstances.
We have experience in multiple family law areas, including divorce, child custody, visitation, domestic violence situations, and paternity. Our skilled staff can help resolve every aspect of your case. To learn more about how the Dorie A. Rogers, APC, can help resolve your family law case, reach out to our office today.