Maxwell Hills | April 3, 2024 | Family Law
What is family law? If you don’t know, you’re on the right post. Family law is a complicated law that deals with things like divorce, child custody, child support, property division, and spousal support.
If you’re dealing with any of these issues, hiring a family lawyer is a wise decision. Lawyers are people who can protect your legal rights according to the legal system. They have extensive knowledge of how to deal with such cases in court. They also can help you with legal agreements in all daily lawsuits and matters. In this article, we will discuss what family law covers in detail, as well as the facts you should know about it. Let’s look for a better understanding!
Child Custody and Visitation
The court decides custody in the best interest of the child. However, some essential factors are considered before determining custody, such as family relationships, stability, and whether the parents can give love and care.
In the case of joint custody, parents have decision-making authority. They decide things with mutual consensus. On the other hand, Sole custody means one parent makes all the decisions. However, the parent who doesn’t have custody gets visitation rights every other weekend and one night a week.
They also get to have the child on special days, like holidays, that they take turns having each year. Before the custody litigation, parents have to attend co-parenting and meditation classes in California, as per the rule. But a family solicitor can make these things smooth. So, it is better to get help from them in any child custody issue.
Child Custody Conflict
In California, moms and dads have the same rights to take care of their kids, and gender bias is prohibited. But sometimes, when families have big problems like domestic violence, mental health issues, or using drugs, the court might ask for meditation sessions or co-parenting classes to help figure out what’s best for the kids. The court tries to help parents agree on child custody and visitation schedules. If they can’t agree, the court listens to what both sides have to say and sometimes even asks the kids what they think if they’re old enough to understand.
Child Support and What Is Family Law?
In California, all parents are legally bound to for child support to kids, whether they are biological or adopted. However, California’s Child Support Guidelines determine specific amounts according to a set formula. This formula looks at how much money both parents make and how much time they spend with the child.
Plus, the support stops when the child is 18 or finishes high school, but it might continue through college under some circumstances.
Remember one thing: If a parent doesn’t pay the money, they have to face dangerous consequences like suspension of driving license, wage deduction directly from their paycheck, liens on property, their tax refund interception, or even being put in jail.
They could have their wages taken directly from their paycheck, lose their driver’s license, have their tax refund taken, have a claim put on their property, or even be put in jail.
Spousal Support
- Temporary Spousal Support
Temporary spousal support is money that helps the spouse who earns less than their basic needs after separation. However, assets are divided before the transition period.
- Permanent Spousal Support
Permanent spousal support is money paid after the divorce for a long time. In other words, permanent spousal support is for an indefinite period.
How to Determine Spousal Support
How much and for how long someone gets this money depends on things like how much money both people make, their education and health, how they lived during their marriage, what they own, and what they owe.
Remember, the spousal support period depends on the length of the marriage. However, the support stops if the person getting it gets married again or starts living with someone else. But, if something significant changes, like losing a job or getting sick, the support order can be modified later.
Domestic Violence
If someone is being hurt at home, they can quickly get a particular order to protect them from their abuser. This order can start right away if there’s a danger of more harm.
The restraining orders compel the abusive person to leave the home and not contact the victim. If someone has been convicted of domestic violence, it can affect child custody if there’s a risk they could be hurt, too. People who are being hurt at home have rights, like being able to change locks, taking time off work for court, and breaking a lease if needed.
Divorce
In California, when people want to end their marriage, they don’t have to prove someone did something wrong. They can just say they can’t get along anymore. This is called a “no-fault” divorce.
Most divorces in California are sorted out without going to court. People talk it out and agree on everything, like who gets what. But sometimes, they can’t agree, especially about things like child custody or spousal support. When this happens, they go to court, and a judge decides. Once everything is settled, the marriage officially ends. But if things change later, like someone loses their job, they can go back to court to change the rules.
Division of Marital Property
California is a community property state; when couples split up, everything they got together during their marriage, like money and debts, is usually shared equally.
But if one person gets something like an inheritance or a gift during the marriage and keeps it separate, it might not get split up. However, any debts they took on during the marriage are usually shared by both, even if only one person entered into the contract. But sometimes, if one person does something wrong, like hiding money or spending too much, the court might not split things equally.
What Documents Are Required As Per Family Law
What Is Family Law? In family law cases, important papers include the request to end a marriage, motions, orders regarding child custody and visitation, spousal support orders, responses, and waivers, and the final decision from the court.
Papers about custody, visitation, and money for kids make sure everyone knows the rules. Agreements made before or during marriage also affect property division and support.
But if these papers are not done right, it can cause problems, so getting good advice from a family law solicitor is very important.
Hiring a Family Lawyer
Experienced family lawyers at Hills Law Group give advice and help with things like divorce, separation, prenuptial agreements, child custody disputes, drafting pleadings and orders, settlement negotiations, and going to court if needed. When picking a lawyer, find someone who knows about the courts and judges where you live. In this article, we have discussed what does family law cover in detail. If you want to know everything about family law, this article will help you a lot. Plus, by reading this article, you also can get legal support in California from the most prestigious Hills Law Group.