Law Offices of James R. Dickinson

Family Law: Divorce, Legal Separation, Paternity/Parentage, Child Custody & Visitation, Child Support, Spousal Support [Alimony], Premartial Agreements, Domestic Violence Restraining Orders, Etc.

Divorce & Legal Separation: Divorce is the legal process that formally ends a marriage between two individuals. It involves the dissolution of the marital relationship, with the division of assets, debts, and responsibilities between the spouses. The process of divorce involves filing a petition for divorce, reaching agreements [or conducting trials] on issues such as child custody, visitation, spousal support, and property division, and obtaining a final judgment from the court. Divorce can be a complex and emotionally challenging process, and it is often recommended that individuals seek legal advice and support to navigate the legal requirements and implications of divorce. Legal separation is the legal process through which a married couple can formalize their separation without officially ending their marriage. During a legal separation, the couple remains married but lives separately and addresses issues such as child custody, spousal support, division of assets, and other matters typically handled in a divorce. 

Child Custody & Visitation: Child custody refers to the legal and practical relationship between a parent and a child, including the right of the parent to make decisions about the child's upbringing and well-being. There are two main types of child custody: physical custody and legal custody. Physical custody determines where the child will live, while legal custody involves the right to make decisions about the child's education, healthcare, and other important aspects of their life. Child custody arrangements can be decided through court orders or mutual agreements between parents, with the best interests of the child being the primary consideration. Child visitation, also known as parenting time, refers to the schedule and arrangements made for a non-custodial parent to spend time with their child. This typically occurs when one parent has primary physical custody of the child, and the other parent is granted visitation rights. Visitation schedules can vary depending on the specific circumstances of the family, but they are usually outlined in a court order or custody agreement. Visitation allows the non-custodial parent to maintain a relationship with their child and participate in important aspects of their upbringing, such as spending time together, attending events, and making decisions during their scheduled visitation periods.

Parentage: Parentage refers to the legal relationship between a parent and a child, establishing the rights and responsibilities that each parent has towards their child. Parentage can be established in various ways [speak with an attorney regarding this]. Determining parentage is important for issues such as child custody, visitation rights, child support, and inheritance rights. It is essential to establish parentage to ensure the well-being and legal protection of the child.

Child Support: Child support is a court-ordered financial contribution made by one parent to the other for the care and support of their child. The amount of child support is determined based on various factors, including the income of both parents, the number of children involved, and the amount of time each parent spends with the child. California uses a statewide guideline formula to calculate child support. Child support payments are typically made on a monthly basis and are intended to cover the child's basic needs, such as food, shelter, clothing, education, and healthcare. Failure to pay child support can result in legal consequences, such as wage garnishment, etc.

Spousal Support: Spousal support, also known as alimony, refers to the financial support that one spouse may be required to pay to the other spouse after a divorce or legal separation. The purpose of spousal support is to help the supported spouse maintain the standard of living they had during the marriage. The amount and duration of spousal support are determined based on various factors, including the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and any other relevant circumstances. Spousal support can be temporary or permanent, depending on the specific situation, and it can be modified or terminated under certain conditions.

Domestic Violence Restraining Orders: A domestic violence restraining order is a court order that helps protect individuals from abuse or threats of abuse by a family member, intimate partner, or someone with whom they have a close relationship. To obtain a domestic violence restraining order, the individual seeking protection (the petitioner) must file a petition with the court detailing the abuse or threats they have experienced. If the court finds that there is a reasonable basis to believe that domestic violence has occurred, it may issue a temporary restraining order (TRO) to provide immediate protection. A hearing will then be scheduled to determine whether a permanent restraining order should be granted. A permanent restraining order can include provisions such as ordering the abuser to stay away from the victim, refrain from contacting them, and possibly move out of a shared residence. Violating a domestic violence restraining order can result in legal consequences for the abuser. It is important to seek legal advice and support when dealing with domestic violence situations and restraining orders.