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family

Family Law

Family law is an area of law that deals with the legal aspects of family relationships, including marriage, divorce, child custody, child support, adoption, and domestic violence. “Family law” can also be distinguished by the areas covered by the Family Law Division of the court, such as for the counties of San Diego, Fresno, Los Angeles, Orange, Alameda, and San Francisco. The list below covers the major issues which are considered family law.  

For more details, please refer to the family law division that best fits your location:

 
 

Family law attorneys represent clients in a variety of family law matters, including:

  • Divorce
  • Child custody
  • Child support
  • Adoption
  • Domestic violence
  • Paternity
  • Prenuptial agreements
  • Postnuptial agreements
  • Grandparents’ rights

 

Family law attorneys must have a strong understanding of the law and the court system, including a sensitivity for identifying important issues. They must also be able to communicate effectively with their clients and the court. Family law attorneys play an important role in helping families resolve their legal problems and move forward with their lives.

If you are facing a family law issue, it is important to speak with an experienced family law attorney. An attorney can help you understand your rights and options and can represent you in court.

Common Family Law Questions

It is important to note that family law can be complex and varies by jurisdiction. Laws and procedures differ, so consulting with a family law attorney in your area is advisable for personalized advice and guidance related to your specific situation.

A: Family law is a legal practice area that deals with matters related to family relationships and domestic issues. It encompasses various topics, including marriage, divorce, child custody, child support, adoption, paternity, and domestic violence.

A: The process for filing for divorce varies by jurisdiction, but generally, you will need to complete and file a petition or complaint for divorce with the appropriate court. You will also need to serve the divorce papers to your spouse. It’s advisable to consult with a family law attorney who can guide you through the specific requirements and procedures in your area.

A: Child custody is determined based on the best interests of the child. Factors considered in custody decisions include the child’s age, health, and relationship with each parent, as well as the parents’ ability to provide a stable environment and meet the child’s needs. The court may consider the preferences of the child, especially as they get older, but the ultimate decision is based on what is deemed in the child’s best interests.

A: Child support calculations vary by jurisdiction, but they typically take into account factors such as the income of both parents, the number of children, and the child custody arrangement. Some jurisdictions have specific child support guidelines that provide a formula for determining the amount of support owed, while others allow the court to consider additional factors. 

California courts use a presumptive formula for determining child support, which balances the income of both parents and the time that each parent spends with the child.  Additional amounts of child support, considered “add-on’s,” include sharing the costs of health insurance and child care. 

A: Yes, child custody and support orders can be modified if there is a significant change in circumstances. For example, if one parent experiences a significant change in income or if there is a need to change the custody arrangement due to the child’s best interests, a modification may be requested through the court. It’s important to follow the appropriate legal process for seeking a modification and to consult with a family law attorney for guidance.

A: Adoption is a legal process that establishes a legal parent-child relationship between individuals who are not biologically related. The specific adoption process varies by jurisdiction, but it generally involves completing an application, undergoing a home study, attending adoption hearings, and obtaining legal consent from the biological parents or having their parental rights terminated. Adoption laws and requirements differ, so consulting with an adoption attorney or agency is recommended.

A: Legal separation and divorce are legal processes that allow couples to live apart while addressing issues such as property division, child custody, and support. The main difference is that a divorce legally ends the marriage, while a legal separation does not. Couples who are legally separated are still married and cannot remarry, but they may have court orders in place regarding financial and custody matters.

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