Unfortunately it happens, but the best of intentions, love and plans can lead astray.

               Family Courts have only 1 guiding principle when Children are involved : What is in the Best Interest of the Child!
                       Family Law exists in California as a separate Court with it's own set of Rules.  You need an experienced attorney to help you through

                                           The Following are the Basic Concepts : We need to discuss each case individually


                        
    Venue :  
                    Family Courts are the venue for deciding issues relating to custody, support, visitation, property settlements and divorce decrees in the termination of a marriage

                    Family Courts are also the venue to determine child custody, child visitation and child support issues for parents who are not married


     Custody :  2 Types and both need to be decided.

                     Legal Custody: Who has control over the decisions regarding the upbringing and general welfare of the Child ; health, education, medical care, religion, sports etc
                                     General Split or Joint Legal Custody between the parents unless Court determines that the Best Interest of the Child will not be maintained
                                     

                     Physical Custody :  Where the child will live over a particular period of time.  Parent with the majority of time is called the Custodial Parent.
                                     Court will generally maintain the Child in the surroundings that the Child had prior to the parents splitting up with visitation to the other Parent
                                     Court can exclude one parent and grant the other parent Sole Custody if the Best Interest of the Child will be served
                     
     Visitation : Non-Custodial Parent
                             
                         Visitation scheduled to facilitate the greatest amount of contact with non-custodial parent to maintain the Best Interest of the Child.


     Support :

    Child Support : every Child until he reaches 18 years of age, or 19 if still in school, shall receive support as calculated by the Court , based on income , and percentage
    of  custody  that each parent has with the Child.  Set by formula not negotiated, unless one parent wants to pay more

    Spousal Support :   For married parties only.  Based on 12 factors listed in Family Code Section 4320 and basically for 1/2 the term of the marriage unless marriage is for   
    more  than 10 years, then it can be for term of marriage or longer.                                            
    Factors include : Earning Capacity - Not just what is earned but what can be earned based on education, experience etc
                            Ability of Parties to raise the children and find work
                            Separate Property Earnings of the other spouse
                            Goal of Self-Sustainability of Receiptant Spouse  - California Law disfavors support forever                                                           

          Modification to Orders:  What is "necessary and proper" to Maintain Best Interest of Child

    Child  Support/Vistiation: Needs a "significant" Change in Circumstances and Court maintains jurisdiction ( ability to change order) until child reaches 18, or 19 is still in
    school, or by agreement.  Remember, Child Support is a mathmatical calculation, not negotiable.

    Spousal Support: Needs a substantial Change in any of the Factors listed above AND where Court has maintained jurisdiction to modify order, usually for 1/2 term of      
    marriage unless marriage over 10 years - then can be forever!


          Property Settlements:

    Martial Settlements Agreements :  Agreement between the divorcing couple whereby ALL assets and debts are divided equally and child support/custody/visitation
    issues are settled.

    Court Trial :  If the parties can not agree, then the Judge will decide for you!
Family Law Information
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LAW OFFICES OF KEN DALLARA
Protecting your Dreams
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.  Law Offices of Ken
Dallara is located in California where he is licensed to practice.   He is also registered to practice before the United States Patent Office.  His office is located in Southern California
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