Family Law Attorney in San Luis Obispo, California
Family law refers to the rules, regulations, and court procedures involving the family unit. It covers different disputes and claims. It is a legal practice area that deals with family matters and domestic relations such as marriage, divorce, child custody, adoption, among others.
Most cases will involve input from a variety of people who are associated with the cases. You will often have to work with a diverse group of people, including some of the most vulnerable people in society, such as children and the elderly. In every case, you will need to review and discuss the case with the parties involved, negotiate, and arrange for a settlement. If there is no settlement, you can proceed with the case, file pleadings or motions, and then argue the case before the court. A credible San Luis Obispo family law attorney can help you deal with your family case and fight for your family’s rights.
At 805 Law Group, we have over 20 years of legal experience in handling various family law cases for residents living in San Luis Obispo County, California. We help our clients go through a divorce, domestic violence, or other family-related legal matters by providing them with quality legal service. Our family law firm provides free initial consultations so you can learn about your options.
Call us now at 805-420-7547 and schedule an initial consultation.
What Does Family Law Cover?
Family law focuses on finding solutions to legal issues related to family relationships such as marriage and parenthood. Civil procedures and legal matters involving the custodial rights and financial responsibilities of family members fall under the family law category. Other criminal matters such as domestic violence and child abuse may also be included in this section. A seasoned family law attorney in San Luis Obispo can help you understand how family law works in California.
Divorce or “dissolution of marriage,” is the legal termination of the marital relationship. This is considered one of the most common types of family law cases. The divorce process involves several marriage issues, ranging from division of property to child custody.
Each partner hires their own attorney, who will help devise a settlement plan to avoid a trial. Our reliable divorce attorneys are skilled at dividing marital property, calculating spousal support, and proposing a plan for child custody. We also provide legal advice on reasonable financial settlements following divorce and make sure assets are divided fairly between parties.
Divorce laws may vary from state to state. California is a “no-fault” divorce state, which means neither spouse needs to prove that the other spouse is the reason for the divorce. Instead, the parties involved may simply cite “irreconcilable differences” or an “irreparable breakdown of the marriage” when filing for divorce.
Do you have questions about legal custody or physical custody? Want to know the difference between sole and joint custody? Our San Luis Obispo child custody attorneys help divorcing parents go through the separation process more smoothly and look out for the child’s best interest.
Child custody refers to the rights and responsibilities between parents for taking care of their children. Working out a parenting agreement that covers child custody and child visitation can be difficult, especially when there’s a conflict between you and the other parent. In some cases, they might need the help of the court to come up with a parenting plan considering the best interests of their children.
In addition, both parents should decide on visitation. Child visitation refers to how each parent will spend time with the children. Several factors affect the decision on child visitation. You need to consider the parent’s emotional ties to the child, the financial support each parent contributes, and each parent’s ability to provide a safe, stable, and nurturing home environment.
If you and the other parent cannot agree on custody and visitation, you may seek legal help from a reliable family law attorney in San Luis Obispo to help you ensure that the court considers your point of view and the best interests of your child.
An order of child support may follow a divorce or a determination of paternity. Child support is the amount of money that a court orders a non-custodial parent or both parents to pay every month to help the custodial parent cover the living expenses of the child. California courts make child support orders based on both parents’ income levels and the amount of time each person physically spends with the child.
Each parent is equally responsible for providing for the financial needs of his or her child. Monetary support includes food, clothing, housing, basic education, and other essentials. However, the court cannot enforce this obligation until it makes an order for support. When parents separate, a parent must ask the court to make an order establishing parentage and requesting child support.
Paternity is the legal establishment of the identity of a child’s father. It is usually confirmed through the use of genetic or DNA testing. It can be a factor in cases involving child support, custody, adoption, and inheritance.
Generally, paternity cases are filed by the mother to secure child support payments from an absent father. But sometimes, biological fathers file for paternity to have a relationship with their children. Once paternity is established, the father may be ordered to pay child support for his child.
Adoption or Foster Care
Adoption is the legal process of establishing a legal parent-child relationship when the adopting parent is not the child’s biological or birth parent. The adoption process can be emotionally and legally complex, so it’s best to understand how adoption works beforehand so you can make the right decisions for yourself or your family.
The process varies according to the type of adoption, the origin of the child, the changes in state laws, and other factors. Therefore, it’s important to consult with a competent San Luis Obispo CA family law attorney to help you understand the adoption process. Once the adoption is final, the adoptive parents will have all the legal rights and responsibilities of a parent-child relationship.
Emancipation is a court process through which a minor assumes adult responsibility for their welfare and becomes self-supporting. At this point, the minor’s parents are no longer responsible for the child. In addition, they will no longer have the right to claim the minor’s earnings.
Before granting emancipation, the court needs to consider the level of maturity, financial capacity, and best interests of the minor. Upon achieving emancipation, the minor assumes the rights and duties of adulthood before actually reaching the “age of majority”. In this case, parents are no longer required to support the emancipated minor financially.
Domestic Violence and Child Abuse
Domestic violence and child abuse are cases that usually require criminal investigations. However, these may also fall under family law since family courts are tasked with determining how to best protect the victims and ensure a relatively safe environment for those involved.
Domestic violence refers to the actual or threatened physical abuse committed against a current or former intimate partner. Domestic violence crimes can include domestic battery, inflicting bodily injury, sexual assault, stalking, and false imprisonment. A conviction for a domestic violence offense can result in substantial penalties including lengthy jail time.
On the other hand, child abuse occurs whenever a parent or caretaker physically, emotionally, or sexually abuses, neglects, or abandons a child. State child abuse laws can vary depending on your jurisdiction. A competent family law attorney in California can help you deal with domestic violence and child abuse cases according to the state laws.
Hire an Experienced Family Law Attorney Now!
Family Law is incredibly diverse and a relatively broad practice area. It deals with various family issues such as divorce, child custody, child support, alimony, division of the marital assets, paternity, and guardianship. Whether you need a family law attorney depends on several factors specific to your case. While some family law matters can be handled without legal assistance, your emotions might get in the way and affect your decision-making. Therefore, most individuals often benefit from hiring an attorney when dealing with family law cases.
You do not have to face your family law matters alone. Since family issues are extremely stressful and complicated, let an experienced San Luis Obispo family law attorney at 805 Law Group help you understand your rights and options. Our family law firm can ensure that you are properly represented and protected during any legal proceeding. We can help you understand your position and resolve any issues relating to any particular familial arrangement. We will be with you every step of the way.
Call us now at 805-420-7547 and schedule an initial consultation.