Determining Child Custody From the Law’s Perspective

One of the most difficult decisions during a divorce is who will take custody of the children. Sometimes one parent concedes to another, but what happens when both parents are requesting full-custody? If you are going through a divorce, consider discussing your custody options with a family law attorney or divorce lawyer. In the meantime, consider how child custody is determined from the law’s perspective.

  • Wishes of Parents and Children

The first thing the court takes into account is the wishes of the parents. If the child is old enough to voice a preference, the court will also take their wishes into account. The older the child, the more their input will affect the final ruling.

  • Family Relationships

Before a decision can be made, the court needs to evaluate the family dynamic of both homes. How does the child interact with different sides of the family? Any history of alcoholism, drug abuse, or sexual/physical abuse will rule out an individual as an option.

  • Adjustment

The courts will also examine how easily the child will adjust to each living situation. The law often tries to keep the child in the same school with the same routine and set of friends.  This not only provides comfort during a turbulent time, but will also help minimize the amount of disruption to the child’s life.

  • Primary Care Taker

Another major determining factor in child custody battles is who the primary care taker was. Courts will often award custody to the parent that was more involved with the upbringing and care taking responsibilities of the child’s life. This also means the judge will consider how much available time the parent will have for the child.

Whether you are fighting for full or partial-custody, child custody attorneys with Wilson Law Firm A Professional Corporation  provide the representation services for your needs.

Dealing With Divorce and Your Ex From SingleDadsTown.com

Divorce is a complex process. One of the hardest things about going through a divorce is having to constantly communicate with your ex-spouse.

In this video, founder of SingleDadsTown.com Bill McCloud, shares the 5 most common mistakes made by divorcees when dealing with an ex-spouse. One of the most common mistakes people make when dealing with their ex is discounting their ex-spouses importance. You had a life with this person and if you have children, your ex will continue to be a part of your life for the sake of the kids. Don’t make the mistake of discrediting your spouse’s role in their life.

Are you going through a divorce? Spousal Support lawyers with the Wilson Law Firm A Professional Corporation provide the legal representation for your needs.

Filing for Divorce in California? What You Need To Know Before You File

DivorceGoing through a divorce is never an easy process. Did you know different states have their own divorce guidelines? Being unprepared can delay the process and make matters worse. Before you contact your spousal support attorney or divorce attorney, there are several things to consider when filing for divorce in California.

  • Grounds For Divorce

Unlike other states, there are only two grounds for divorce under California law, including irreconcilable differences and incurable insanity. When filing for divorce on the grounds of irreconcilable differences, the court will make the final decision as to whether said differences are valid enough to dissolve the marriage. Individuals filing for divorce on the grounds of incurable insanity must provide ample proof of their condition and why the marriage must be terminated.

  • Alimony

Alimony refers to money paid from one spouse to another post-divorce. There are three different types of alimony, including permanent alimony, temporary alimony, and rehabilitative alimony. California law allocates alimony in order for a spouse to maintain their standard of living. Worried about how much you’ll have to pay? Be sure to discuss your alimony options with a professional divorce lawyer.

  • Division of Assets

During a divorce, property is divided between the spouses. In the event spouses are unable to reach an agreement, the California Superior Court will make the final decision. As a community property state, California considers all property and assets acquired during the marriage should be equally distributed between the individuals. It is important to discuss your property options with your spouse to see if you will be able to reach a settlement outside of court.

  • Child Custody

California law takes several things into account when determining child custody cases:

  • Welfare and safety of child.
  • Amount of contact child previously had with parent.
  • Use of illegal or controlled substances.
  • Mental instability.
  • History of abuse.
  • How the child will adjust.

Filing for divorce? Don’t go through the process alone. Professionals with Wilson Law Firm A Professional Corporation provide the legal representation services for your needs.

Want to Learn More About Child Custody, Divorce in California, and Separation Cases?

Family LawAre you preparing to file for divorce in the state of California? Currently fighting a child custody case? If you’re looking for more information on how to file for divorce, or an overview of child custody laws, then check out some of these great resources.

  • What are the determining factors for California child custody battles? Check out this article from Avvo.com for an overview of California child custody laws.
  • Are you considering filing for divorce? This link from Familiy.findlaw.com provides in-depth information on family-related legal issues.
  • Every state has different rules and regulations regarding divorce. Find out California law specific for child custody, division of assets, and grounds for divorce with this article from the DivorceGuide.com.
  • This article from the Cornell University Law School discusses common guidelines for divorce and separation cases.
  • What if you’re just separating rather than filing for divorce? Check out California laws on marriage separations with this article from DivorceSupport.about.com.

How Current Trends in Spousal Support May Affect Your Divorce

Current Trends in Spousal Support May Affect Your DivorceAlimony, also known as spousal support, has traditionally been awarded to dependent women in order to alleviate hardship. This stemmed from the time when women were primarily homemakers, with little to no income of their own. Times have changed, however, and the trends in spousal support have echoed this.

Your spousal support attorney or your divorce attorney can fight for you to receive support regardless of gender. Increasingly, women have higher paying jobs than their husbands, while men are often the primary caregivers to the children. These trends have led to more and more women paying both child support and alimony to their ex-husbands.

  1. Women as primary wage earners. While the statistics may show that women, on average, still earn less than men, there has been a substantial increase in the number of women who make more than their husbands. The courts have consequently adjusted their view of where spousal support payments go in those instances.
  2. Men as primary caregivers. As more women have entered the workforce and pursued full time careers, more men have chosen to stay at home to raise the family. Where this has happened, men have become more likely to receive both child support and spousal support.
  3. California laws. Trends in the California judicial system have seen a relaxation in the requirement for spousal support modifications. Recent rulings by the courts may make it easier for spouses to request increased spousal support when children reach maturity and child support ends.  Ask your divorce attorney how this may affect you.

Talk to your family law attorney and be honest about wages and child care responsibilities. Doing so will help you determine your options. As men and women have become more equal both in and out of the home, divorce attorneys have increasingly worked with mediators to ensure both parties are treated fairly.

Divorce is never easy, but if you’re in need of a spousal support attorney, then you can turn to the Wilson Law Firm in Folsom, CA. Our family law attorneys can help you get the fair compensation you deserve to get you back on your feet.

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

What to Expect During Your First Meeting with a Family Law Attorney

Family LawWhen a couple gets married, no one ever thinks about the possibility of needing a divorce lawyer. But times change, people grow apart, and rifts form that can’t be closed. When this is the case, it’s often the family law attorney’s job to help them through the divorce process.

When you decide to meet with a divorce attorney, the first meeting will provide a lot of guidance for the rest of the process. In order to get what’s fair for you, there will be a lot of questions and a lot of discussion about what you want. Here are a few things to expect at your first meeting:

  • The Details

One of the main goals in your first meeting is for your divorce lawyer to get to know you. They’ll ask questions about you, your spouse, your children, and your home life. Your divorce lawyer will gain insight into the reasons for the separation. He or she will also have a better understanding of your position.

  • The Finances

Money is one of the main causes for divorce. It’s also one of the main sources of conflict during the divorce process. Having your financial information, such as pay stubs, tax returns, and bank statement, with you will help speed up the process.

  • The Questions

Your divorce lawyer will have a lot of questions for you, but you will no doubt also have a lot of questions for your divorce lawyer. Prepare your questions beforehand. Your questions could be as basic as how much they charge or as complex as questions about the legal process and how the divorce might affect you.

The most important thing to expect when you meet with your family law attorney for the first time is that there will be a lot of questions, but the answers are only between the two of you. Talk with your divorce lawyer openly and honestly, and they’ll be able to better serve you.

At Wilson Law Firm, we know that divorce can take its toll on you and your family. Our family law attorneys will work hard to make the process as smooth as possible while ensuring you are treated fairly.

 

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.