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.

Personal Injury: Automobile Accidents, Dog Bites, Premises Liability, Wrongful Death, Etc. 

Automobile Accidents: Auto accident law encompasses a set of legal rules and regulations that govern the rights and responsibilities of individuals involved in car accidents. Drivers are required to carry a minimum amount of liability insurance to cover damages in the event of an accident. When an auto accident occurs, fault is typically determined based on negligence, which involves proving that one party failed to exercise reasonable care while driving. California follows a "comparative fault" system, where each party involved in the accident may be assigned a percentage of fault, and damages are awarded accordingly. Victims of auto accidents may be entitled to compensation for medical expenses, property damage, lost wages, pain and suffering, and other related costs. It is important to consult with a qualified attorney who specializes in auto accident law to understand your rights and options following an accident.

Dog Bites: California's dog bite laws, also known as strict liability laws, hold dog owners liable for damages caused by their dog bites to people in public or lawfully on private property. This means that the injured person doesn't need to prove the owner acted negligently to receive compensation. The owner's liability is not affected by whether the dog had bitten anyone before, if the owner took precautions to prevent bites, or if the owner knew the dog could be dangerous.

Premises Liability: Premises liability laws in California hold property owners and occupiers responsible for maintaining safe conditions on their premises to prevent harm to visitors or guests. Under California law, property owners have a duty to exercise reasonable care in ensuring that their property is safe for those who enter it. This duty extends to both invitees (such as customers) and licensees (such as social guests), but it is lower for trespassers. Premises liability cases are typically based on negligence, where the property owner or occupier fails to maintain safe conditions or warn visitors of potential hazards. If someone is injured on another person's property due to unsafe conditions, they may be able to file a premises liability claim to seek compensation for their injuries. It's important to note that premises liability laws can be complex, and the specific details of each case can vary. If you have been injured on someone else's property, it is advisable to consult with a qualified attorney who can provide guidance on your legal rights and options.

Wrongful Death: Wrongful death laws allow certain family members of a deceased individual to seek compensation for the loss of their loved one due to the negligence or wrongful act of another party. The laws are outlined in the California Code of Civil Procedure sections 377.60-377.62. Under California law, wrongful death claims can be filed by the surviving spouse, domestic partner, children, or other designated beneficiaries of the deceased. Damages that may be recovered in a wrongful death lawsuit can include compensation for funeral and burial expenses, loss of financial support, loss of companionship, and other related losses. It is important to note that there are specific time limits, known as statutes of limitations, for filing a wrongful death claim in California. Consulting with a qualified attorney who specializes in wrongful death cases can provide guidance on the legal process and help determine the best course of action for seeking justice and compensation for the loss of a loved one.