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For parents struggling with the realities of child custody and visitation, I understand the feelings of uncertainty, anger, and fear. The lawyers committed to families know that custody and visitation legal issues are some of the most highly charged realities we face. Think about it. Someone else, usually the other parent, is now deciding, limiting, or controlling that which we value most: time with our children. You had enough of the arguments, tension, and bickering. You quietly say to yourself, “Doing nothing is no longer an option,” and you want solutions to this problem. What’s next? Court! Yes, but you know you will need help.
When you’re dealing with complicated family law issues, you need an attorney on your side who is willing and able to fight for your rights and interests. At The Law Office of Gary S. Austin, you’ll find a child custody lawyer who understands the local court system and what it takes to win. Call our office in Riverside, CA, today at 951-633-7995 for an evaluation.
California divorce law requires that all marital property be divided equally between the parties unless they agree to a different settlement or there is a prenuptial agreement involved. This first requires dividing the separate property from the marital property. Except in specific cases, any property acquired during the marriage is considered community property. Separate property does not need to be divided; instead, each party takes their separate property as part of the divorce settlement. All assets and debts determined to be community property must be accurately valued so that they can be split between the two parties.
If a divorcing couple has children, issues other than property division, such as child support and child custody, must be decided as part of the divorce. Child support in California is fairly straightforward. The amount is determined by a formula that takes into consideration the income of both parents, how much court-ordered parenting time each parent has, and how many children are involved. In some cases, there may be additional factors to consider, such as if there are extra costs related to child care or medical treatment for the children. This could result in the basic amount calculated from the formula being raised or lowered.
Child custody is a bit more complicated, especially in contested divorce cases where the parties disagree on what custody and parenting time should look like. In situations where the parents agree on these matters, the judge generally enacts the proposed parenting plan. If the parents disagree, the judge must make a decision on whether legal custody will be shared or awarded to only one parent and what the parenting time schedule will look like.
The most important factor considered when deciding child custody matters is the best interests of the children. This includes physical, mental, and emotional well-being. To determine what’s in the best interests of the children, the court will look at the age of the child and the relationship the child has with each parent — including each parent’s level of involvement in the day-to-day care and upbringing. The parents’ financial situations, including things like income and housing stability, can be factors as well.
Another important consideration when determining custody and parenting time is each parent’s willingness and ability to continue to foster a positive relationship between the other parent and the child and their ability to co-parent effectively.
All divorces must go through the property division process, which means each party must submit financial documents and disclosures to account for all of the assets and debts. But what if they are not honest on the forms? It’s common for one person to handle the bulk of the finances in a marriage, and many people start the divorce process without even knowing what bank accounts they have or how much is in them. This puts them at a serious disadvantage when it comes to ensuring they get what they’re entitled to.
There are strategies and resources an experienced Riverside divorce attorney can use to help ensure that your ex is being honest on the financial disclosures, including the value of assets, what debts have been incurred, and their current income. For example, a forensic accountant can go through things to uncover accounts or assets you weren’t aware of. If you find that your financial situation is much different than what you thought — such as if your ex has racked up thousands of dollars in credit card debt without telling you — your attorney can help you understand how this may change what your settlement looks like and what you can do to protect yourself.
After struggling for several months to decide the future of your marriage, it (fill in the blank) finally happened. Never-ending back-and-forth, weekly counseling sessions, and innumerable sleepless nights. You now realize it’s time to go in a different direction and move ahead in your life, but how?
You read all the websites, blogs, and commentaries about divorce, but it’s all a mystery to you. You are a stranger to a process that you have little direct control over. You’re anxious. You’re fearful about the future of your finances. You don’t know how your property gets split up. Who gets custody of your children?
FL-120, 4320 factors, DCSS, 730/1131 evaluations, RFOs. Presumptions. Burdens. Temporary. Permanent. Modification. Contempt. What is this stuff? You now realize that the process will be more complex than you imagined and know you need help. Who do you call? The answer to this question may determine if the next stage of your life is handled with care, professionalism, and force or if you face chaos in the coming months and years.
When you hire Gary S. Austin, Esq., you establish a relationship with an experienced Riverside divorce attorney who will successfully guide you through the family law legal storm with the aim of fighting to get you what you are entitled to.
Contact The Law Office of Gary S. Austin, and let’s work together and begin moving you and your family toward the next stage of your life. When you need help with family law matters like divorce, call the office in Riverside, CA, at 951-633-7995 for a case evaluation.