Farzad Family Law http://farzadlaw.com Top Orange County Divorce Lawyers & Family Law Attorneys Mon, 17 Jun 2013 20:18:53 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 How Do I Find A Divorce Lawyer? The Step by Step Process to Get You Started http://farzadlaw.com/how-do-i-find-a-divorce-lawyer/california-step-by-step-process/?utm_source=rss&utm_medium=rss&utm_campaign=california-step-by-step-process http://farzadlaw.com/how-do-i-find-a-divorce-lawyer/california-step-by-step-process/#comments Sat, 08 Jun 2013 06:20:33 +0000 B. Robert Farzad http://farzadlaw.com/?p=1853

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How do I Find a Divorce Lawyer?

How do I find a divorce lawyer? Your burning question comes with answers

When a person asks “how do I find a divorce lawyer”, they are actually asking three questions. First, how do I find a divorce lawyer I can afford? Second, how do I find a divorce lawyer I can trust? Third, how do I find a divorce lawyer that is good? You can substitute good for great and for best I suppose. The point is, you are really asking this – How do I find an experienced and skilled divorce lawyer that I can afford and trust?

Make sense?

Well, that is why we wrote this article, because the question (or three questions) is a fair one.  This article is written with California in mind because, we are after all, California divorce lawyers.

Step 1 to finding a divorce lawyer – Internet search

You are reading this article because you found it on the internet or someone referred you to it. How you find a divorce lawyer on the internet is done in the same way. You put in a search term, one that fits what you’re looking for and voila…you have a list of divorce lawyers to choose from. Or do you? Not really. You see, the problem with the internet is you’re not really sure what you’re getting until you dig deep. And here is how we think you should.

First, let’s assume you found 4-5 divorce lawyers whose websites you like. How do you find the best divorce lawyer among your list? Start out by looking at their client reviews or testimonials. If they don’t have any on their site, that doesn’t mean they are not good lawyers…but it does make you wonder, right?

Then, take a look at what they write about. Does the entire website just talk about them or do they impart knowledge about the different areas of divorce through informative family law articles? Also, are their divorce and family law articles published on reputable sites outside of their own?

psst…check out our article on opposing a California child custody move away request published on divorcenet.com.

Finally, how accessible are they? Chances are there is a contact us form or an email address. Did you get an immediate response when you contacted them? No? What do you suppose that means for the prospect of them effectively communicating with you after you hire them?

You see, it’s more than just some nice pictures and a bunch of self-serving stuff on the page. It’s about substance and really providing information designed to HELP, not just sell, when you’re trying to find a divorce lawyer.

Step 2 to finding a divorce lawyer – Referrals

Referrals are great…if they come from the right source. At our law firm, we get a lot of referrals. We get them from former clients, present clients, clients’ mothers, fathers and other family, colleagues, people in the business world, you name it. Heck, I have had a lawyer I went up against in a divorce case hire me later on for his own personal divorce.

From whom you get the referral is just as important as to whom you get a referral. If the person referring you has personal, first hand knowledge of the divorce lawyer’s representation (he or she is a former client, as one example), then chances are pretty good that you are getting a good referral. If not, then find out how they know the divorce lawyer and what experience they have had. If they heard about the lawyer from a friend’s friend who heard about the lawyer from a third cousin, then maybe there isn’t much value in that referral after all.

Step 3 to finding a divorce lawyer – Reputation

In my opinion, nothing speaks louder about a lawyer’s reputation than what the clients say about him or her. Lincoln said that a lawyer’s reputation is his stock in trade. With that, we agree. There are reputable sites out there that give you divorce lawyer reviews and those reviews are from clients and sometimes colleagues. There are also not so reputable sites that are designed for ranting, where disgruntled opposing parties (the spouse on the other side of the case that lost) or competitors write bogus nonsense.

When evaluating a lawyer’s reputation, make sure you are looking in the right places.

Another great way to gauge a lawyer’s reputation is references. I am not sure why, but clients seem shy about asking for references. Don’t be. Do it. Ask the lawyer for other clients he or she has had with whom you can speak. Chances are, a good lawyer can give you several from which to choose. Talking to others who were in a similar situation as you is a great way to helping you find a right divorce lawyer for your case.

One word of advice – stay the heck away from lawyers who like to refer to themselves (or are known) as pit bulls, really aggressive or similar words. The best divorce lawyers are neither of those things. The best divorce lawyers are intelligent, client focused, reasonable and result driven. Divorce attorneys that huff and puff, spend a lot of your money, and make you a bunch of promises they can’t keep are the scourge of our profession.

Finally, on the issue of reputation, check out the lawyer’s State Bar profile. Make sure there isn’t a serious discipline record. You don’t want to hire a divorce lawyer and later on find out that he or she is facing serious discipline or has previously been suspended for serious misconduct.

Step 4 to finding a divorce lawyer – Courthouse

Many family law courthouses have a list of low-cost attorneys for divorce and family law cases. If you are on a tight budget or your issues are very simple, the list may come in handy. But don’t just go for cheap because it’s cheap. Look at this list and make sure the lawyer still fits.

Step 5 to finding a divorce lawyer – Consultations

The consultation isn’t the end of the search process, it’s the beginning. While it is perfectly okay to hire the first lawyer with whom you consult, it may be better to talk to at least 3 or so before you make a commitment. If you are getting the same answers from all of them, that should tell you that the answers may be right. If you are getting very different answers, then something is up and one way to get to the bottom of that is be specific – ask the lawyer to explain to you the law on the subject of your question.

For example, if you are a father in a child custody case that involves false allegations of abuse, ask the lawyer what the law is and how the facts, as you understand it, fits within what the law states. If you get a bunch of nonresponsive answers, that may not be a good sign. However, if the lawyer patiently goes over with you the law, your facts, how the court approaches the issues and what the court would need as evidence to rule one way or another, then you are getting a worthwhile consultation.

Obviously, that doesn’t mean the divorce lawyer can predict the result of your case. Nobody can do that. California family law judges are given a lot of discretion in many different areas of family law. However, that discretion can work in your favor if the facts and evidence are on your side.

The bonus step to the question “how do I find a divorce lawyer” – Common sense

Communication, comfort level, a personality that fits yours, these are all important. Lawyers are human…even divorce lawyers, I swear. A family law attorney that doesn’t have time for you before you hire him or her may not have much time for you after you retain him or her. One that makes wild promises that don’t sound right and are contrary to what others have told you should put up some red flags.

We look at it this way. Are you trying to find a divorce lawyer that is right for your case or one that will tell you what you want to hear? If it’s a second, you’re wasting your time and probably a lot of your money. Divorce lawyers aren’t hired guns and those that pretend to be generally do you a big disservice. Use your common sense. It’s why you have it.

Want to consult with our experienced divorce attorneys? We are one phone call or email away and are ready to help.

We got some additional reading for you. 

We have written a two-part article on divorcing a narcissist for both husbands and wives. Check it out. You’ll enjoy it and, if you are going through or about to go through a divorce with a narcissist, it will provide you with some valuable insight.

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Use www.occourts.org to Learn About Your Divorce and Family Law Case http://farzadlaw.com/california-family-law/www-occourts-org-divorce-family-law/?utm_source=rss&utm_medium=rss&utm_campaign=www-occourts-org-divorce-family-law http://farzadlaw.com/california-family-law/www-occourts-org-divorce-family-law/#comments Sat, 01 Jun 2013 00:20:01 +0000 B. Robert Farzad http://farzadlaw.com/?p=1836

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www.occourts.org is a valuable tool. I just wish more people knew about it. Every month, I receive several calls that go something like this:

I don’t know what the status of my divorce case is, Mr. Farzad. My lawyer won’t return my calls, I am not sure if I have court dates coming up and I am concerned.

My initial response is generally, “have you checked on your case on-line?”

Too many people don’t even know that’s an option. That is why I am writing this article.

www.occourts.org isn’t just for family law. It has the status of civil, criminal, traffic and family law cases. On family law cases, you can know it all. Just plug in your family law case number and you will see the status of your case, the register of actions (everything that has been filed with the court and by whom), a list of all of the past and upcoming court hearings as well as a list of all of the participants, which means you, your spouse and either of your lawyers.

How great is that? Pretty great.

Another benefit to occourts.org is the ability to order documents on your case. You can check off documents you want to receive and pay for them online. The court will then mail it to you. While you should not have to do such a thing if you have a family law lawyer (because your lawyer should have all of the documents filed with the court), if you are self represented and your are concerned something has been filed without being served on you, you can request it and receive it.

A few things about occourts.org of which you should be aware:

  • occourts.org is not up to the minute accurate. The court website tells you that there is a delay time between receiving, scanning and having the information online.
  • You cannot view the actual document. For that, you need to make a trip to the courthouse.
  • occourts.org does not publish paternity cases. Those are private.

In short, if you find yourself in the dark about your Orange County family law case, jump online and visit www.occourts.org. Then, contact our experienced family law attorneys for a free initial consultation. We look forward to helping you.

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How Do You Get Divorced? The 7 Step Process to Get Your Life Back on Track http://farzadlaw.com/california-family-law/how-do-you-get-divorced/?utm_source=rss&utm_medium=rss&utm_campaign=how-do-you-get-divorced http://farzadlaw.com/california-family-law/how-do-you-get-divorced/#comments Tue, 28 May 2013 01:18:47 +0000 B. Robert Farzad http://farzadlaw.com/?p=1807

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How do you get divorced? Husband or wife, married for 2 years or 20, you have reached the point that you know there is a complete and final breakdown in the marital relationship and it’s time to move forward. But there are questions, concerns and fears that keep your mind occupied and you need someplace to turn for answers. Our divorce lawyers know what you’re going through because divorce and family law is all our law firm does.

In this article, we are going to walk you through the California divorce process, from the decision to end your marriage before you file a divorce petition to the final divorce decree. Think of this article on how to get divorced as a general road map but certainly not legal advice. You should never make decisions about a divorce case without first consulting with an attorney; every case is dependent on its own facts. Our attorneys are ready to speak with you when you’re ready to get started.

Step 1 – The Separation Period

How do you get a separation? It starts with your choice of whether or not you intend to move out. If you are the spouse who intends to receive spousal support and/or child support, then before you move or your spouse does, you should secure some certainty on issues such as custody, support and the initial division of bank accounts. It is best to get such agreements in writing and with the help of an attorney.

If you are the spouse who may have to pay support and may not be the primary caretaker of the children, moving out may be just as risky for you. The issue of child custody is critically important to you because children are sometimes used as leverage against the noncustodial parent’s rights that leaves the home.

The issue of whether or not you move out is not one you should take lightly. We have written an article on this topic appropriately entitled divorce and moving out…check it out for more helpful information on this important topic. Also realize that your physical separation from your spouse is one of the factors when considering your “date of separation” (complete and final breakdown of the marital relationship). This “date of separation” is important for many reasons including meeting California residency requirements for divorce.

Step 2 – Filing and Service

The divorce process starts with filing a divorce petition. While the petition is a form, it’s not enough to simply check off the boxes and hope for the best. Care should be taken to ensure the requests are in the proper format, especially those that deal with separate property, community property, spousal support and attorney fee requests.

The petition is not the only form and additional ones are filed depending on whether or not the spouses have children. Once the petition is filed, the court assigns a case number. That case number is used throughout the entire matter.

Find out more on how you serve a divorce petition; there are many different options when it comes to the service of a petition. and which one may be right for you.

Step 3 – The Disclosures

Think of disclosures as show and tell. You and your spouse have to disclose to each other all of the assets, debts, income and expenses. Failure to disclose assets may have serious consequences even if you and your spouse settle the case and could even result in a breach of fiduciary duty claim during the divorce or thereafter. California Family Code 2556 also states

In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a postjudgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court shall equally divide the omitted or unadjudicated community estate asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability.

Once the disclosures are completed on the required forms and the documents that must be produced with the forms (pay stubs, bank statements and many more) are attached, the disclosures are served on each spouse (or spouse’s lawyer) and proof of their service is filed with the court.

The timing for the disclosures varies depending on the facts of the case although California law does require, with limited exceptions:

  • The preliminary (initial) disclosures to be produced no later than 60 days after service of the divorce petition pursuant to Family Code 2014(f).
  • The spouse responding to the petition has to serve his or her preliminary disclosures within 60 days of serving the response.
  • While the final disclosure must be served no later than 45 days before trial per Family Code section 2015, also subject to limited exceptions. California law also requires disclosures to be updated along the way.

Step 4 – The Temporary Orders

The most common temporary orders are:

  • Child support,
  • Spousal support (also called alimony),
  • Child custody and visitation, and
  • Attorney fees.

Other temporary orders may include:

  • Property control orders,
  • Residency exclusion and even temporary exclusive management and,
  • Control of a business or professional practice.

While there are a host of others, the above are the ones family law judges most often see.

If there is an incident or incidents of domestic violence, the court can also issue temporary restraining orders which may become permanent. We discuss restraining orders in our emergency family law orders page.

Seeking a temporary order or opposing it, how you do it and the relevant facts you present to the court can make a difference on whether or not your divorce case gets started on the right track. Taking the time to speak with your divorce lawyer, going through the facts, evidence and, when there are complex legal issues, the law and determining what the short term and long term goals of the temporary orders, or your opposition to it, can help you secure orders or avoid unreasonable ones that will bring stability to both custody issues as well as financial ones.

Step 5 – The Discovery Process

“Discovery” is an information gathering process. While disclosures are mandatory, discovery is not. You can choose to start discovery and request additional information or you can skip it. Now, if you are served with discovery, you are required to respond.

How specifically is this information gathered? The most common are asking questions (called interrogatories) in writing and requiring your spouse to respond in writing and under oath. The same is true with a request to produce documents and even a request to admit facts. You can also take your spouse’s deposition which is a question and answer session, live and in person, of your spouse where your spouse has to answer the questions on the spot and under oath. There are other forms of discovery.

Discovery can be valuable in cases where there are factual disagreements between the spouses.

Step 6 – Settlement Negotiations

When people ask how long does a divorce take before it is completed, what they really mean to ask is how long will it take before we can settle the divorce? Settlement discussions may be best handled after both spouses have exchanged their preliminary declarations of disclosure or, if there are ongoing questions about assets, income or other issues, after some discovery has been completed. In short, the most productive negotiations may occur when both spouses have sufficient facts and information to make informed decisions.

Divorce cases can and should settle and there are many ways they do. The most common are:

1. Discussions between the divorce lawyers, with the consent of each lawyer’s respective client, with offers and counter offers.

2. A voluntary settlement conference with the lawyers and both spouses present.

3. A divorce mediation with an experienced retired family law judge or family law lawyer. These mediations are attended by the spouses and divorce attorneys although, every once in a while, the spouses keep their lawyers out of it.

4. A mandatory settlement conference in court.

If the spouses are able to settle the divorce, lawyers will then work on the settlement agreement; typically called a stipulated (which means agreed upon) judgment that is signed by the spouses, lawyers and the family law judge.

Step 7 – Trial

If the case does not settle (or only part of the case does), the parts of the divorce case that did not resolve will then proceed to trial. Trial preparation and the trial itself is sometimes the most expensive and stressful part of the process.

In California, there are no juries so the judge makes all of the decisions. The divorce lawyers (or the self represented spouses) may be required by state and most local rules to exchange some form of trial brief (think of it as a recitation of all of the factual and legal arguments on paper) as well as a witness list, exhibit list and in Orange County, a joint statement of all of the issues. Trial procedure can vary from one court to another so being familiar with the county and even the trial department’s rules is helpful.

Have additional questions about how to get divorced in California?

Our experienced and knowledgeable divorce attorneys are ready to help you. Contact us today at 714-937-1193 or toll free at 877-857-6500 or email us through our Contact Us form. We will respond to you immediately.

Want some additional reading?

Check out our article entitled divorcing a narcissist. This first article is written from the perspective of the lower income earner. If your spouse is one, this article may help you understand some of your options in California. We even wrote a part II about divorcing a narcissist from the perspective of the higher income earner. That article is especially helpful for dads who are concerned about a father’s parental rights.

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Fathers’ Rights in California and The Top Mistakes that Husbands and Fathers Should Avoid http://farzadlaw.com/fathers-rights-in-california/top-mistakes-husbands-avoid/?utm_source=rss&utm_medium=rss&utm_campaign=top-mistakes-husbands-avoid http://farzadlaw.com/fathers-rights-in-california/top-mistakes-husbands-avoid/#comments Tue, 21 May 2013 14:00:05 +0000 B. Robert Farzad http://farzadlaw.com/?p=1771

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Fathers’ rights in California is an interesting topic because, too often, fathers don’t appreciate that they have the exact same rights as the mother in a divorce or family law case. That leads to either an over aggressiveness or the failure to preserve and protect rights. In this article about fathers’ rights, we are going to discuss the top mistakes that fathers make in divorce cases and how fathers and husbands can avoid making them.

If anything we have written applies to you, don’t panic. Mistakes can often be fixed. Our attorneys are available to speak with you about your specific case.

1. Out-spending the wife or mother in the illusion this will help.

Divorce lawyers, like any other profession, have some bad seeds. Some of those that represent fathers encourage and embolden dads to try and outspend the mother in the divorce litigation to try to break her financially. They give this advice under the guise of fathers’ rights. When such ridiculous advice is given, it is generally for the lawyer’s self-interest as opposed to his or her client’s.

The California Family Code lays out the road-map for divorce and family law cases including all the support, property and custody issues. Over-zealously litigating cases generally causes one or a combination of things and none of them are consistent with a father’s rights:

  1. First, it exposes you to monetary sanctions by the court for failing and refusing to act reasonably and compromising where California public policy requires it. California Family Code Section 271 specifically states punishes a spouse that engages in unreasonable behavior that drives up the costs of litigation and is not consistent with California’s public policy in attempting to resolve disputes. The reason this statute exist is to punish spouses or parents that violate this public policy.
  2. The second consequence of trying to outspend your wife is an attorney fee motion based on your spouse’s need and your ability to pay. Family code 271 is not the only attorney fee statute in California. Separate from it, the California Family Code sections 2030 through 2032 allow for attorney fees based on need and ability to pay for divorce cases. In other words, by acting unreasonably and over-litigating the case, you’re not advancing your rights as a father – what you’re essentially doing is burning your own money by giving the mother or wife the ability to go to court and ask for fees just so she can defend the overzealous litigation.
  3. The third potential for overzealous litigation in family law litigation is the loss of credibility. Your credibility in the divorce case is your most powerful tool at your disposal. If you take unreasonable positions during the divorce or over-litigate and the court sees that, your credibility drops. If you continue to do so, not only do you expose yourself to sanctions but that loss of credibility may cause discretionary decisions by the court to go against you. Want to read about a real life example of this? Check out the appellate case of Andrea and Jeffrey Barth.

The bottom line is if there is an area in your divorce case, and in family law there are many, that requires the court to exercise its discretion and only an abuse of that discretion is appealable, the courts could very well use that discretion against you because the court finds that your wife or the mother has more credibility than you do. This could seriously and adversely affect you on both financial issues as well as custody. In short, the biggest detriment to your rights as a father becomes you.

2. Over extending yourself on financial issues.

The second mistake that fathers and husbands make is the opposite of the first one. There is such a thing as being too generous and as a result being shortsighted in your own future and plans. This can occur in many situations but the following are the most common.

Fathers and husbands far too often pay for both the court ordered support and their wife or the mother’s personal expenses that were not court ordered. By doing so, they put themselves in a difficult financial situation and eat away at their savings or, just as bad, go into debt.

Spousal support orders are intended to maintain the status quo for your wife and the ultimate order is to maintain the marital lifestyle depending on the length of the marriage and other factors. If you pay more on top of that you are essentially creating a different and upgraded status quo that may hurt you later on, not just financially but also by dissuading your spouse from becoming self-supporting. In other words, do you know a great way to trample on fathers’ rights? Put yourself in a situation where your spouse is unmotivated to get a job.

3. Surrendering your fathers’ rights on child custody issues.

The third mistake sees fathers surrendering their rights on child custody and parenting time. We have seen fathers come to us after they have done this, not only deeply regretting their decisions but also asking if there is a way to fix it. Most of the time, we can find a way. But it is better that you learn from mistakes other fathers have made regarding their rights, instead of trying to fix the mistake.

“But the system is biased against dads,” I hear fathers say. Whoever has told you that the system is biased against you and you don’t stand a chance to share custody of your children is wrong… and not very bright. When we talk about fathers’ rights, we’re not referring to protecting against some perceived bias against dads. What we are referring to is a father’s responsibility to take his rights seriously and enforce them. California law already states that it is unlawful to discriminate against anyone as a result of gender and give any preference for gender in a divorce and custody case.

The law is already neutral and unbiased. To the extent the judge refuses to follow the law and there is a preference being given, you do have rights. Fathers have to recognize that trial court judges are not the last word on custody issues and if they make a serious mistake and abuse their discretion’s on custody, you have family law appellate rights.

But separate from that, how you litigate the case and the positions you take are so critical to how your rights are enforced. For example, if you can dedicate 50% of the time to your children and there is no recent history of domestic violence, substance abuse, child abuse or anything else that would objectively impact a court’s decision to give you joint physical custody and equal parenting time, it is in your children’s best interest to spend that time with you.

Children who spend less time with their father unnecessarily suffer as a result. If you love your children and you want to spend time with them and you have the time to spend with them, your focus should be ensuring that you properly explain your factual and legal position to the court in a logical and reasonable manner. Demonstrate to the court why the time is available for you. You do that through an experienced and intelligent family lawyer.

Too many times, fathers assume the mother should have primary custody because she’s a mother. Certainly, if you work full time and the mother does not and it is the beginning of a family law case and you are dealing with very young children who are not yet in school, it may be difficult to get you 50% custody. That is because the mother simply has a significant amount more time than you do and that has been the status quo leading to the marriage.

However, if the mother voluntarily starts working or is ordered to get a job and if you are able to make adjustments as necessary to your schedule or as the children get older, it is incumbent upon you to take increased parenting time seriously. You can always seek a modification of parenting time by showing it is in the children’s best interest and without having to show that there’s been a material change of circumstances since the last order.

And that brings us to the main point of custody – it’s all about QUALITY time with your kids. If you love your children and want to show them that, then it is all about the one-on-one time you spend with them. If you can get a custody and visitation order that maximizes your quality time with the kids, then you have taken giant strides towards protecting and preserving your rights as a father. That is true fathers’ justice.

4. Failure to ask for a modification of orders when necessary.

For reasons I have yet to understand, far too many fathers who can no longer afford support orders stop paying support instead of going to court for modification. It is as if they think that the child support or spousal support order is somehow going to take care of itself or everyone is going to forget about it if they stop paying it long enough.

Attention husbands and dads – exactly the opposite is true. The failure to pay court order support can devastate you financially. Not only does the support amount place interest and penalties on top of the principal amount you owe but you are exposed to jail time for failing to pay support.

Seeking a modification is simple, straightforward and can be very affordable. It is certainly significantly more affordable than not paying support and letting the numbers add up, only to face potential financial devastation later on.

How are modification made?

In child support cases, that is one or a combination of your income dropping, the mother’s income increasing or the parenting time with the children changing such that you have more time with the kids.

What about spousal support modifications? Assuming that your last order preserved the court’s power to make modifications, it is a material (significant) change of circumstances which includes a reduction or increase in income or other events that are significant to your or her finances.

Child Custody & Support

On the issue of children and custody and its overlap with child support, the mistake we have seen fathers make before they come to us is to rely on verbal agreements with the mother regarding parenting time modification. One example of this is when the father is paying child support based on a lower percentage of parenting time than what he is really exercising. For example, the father’s child support payment may be based on a 20% parenting time when the father in actuality has been spending far more time with the kids. In this respect, the father is being shortchanged in two ways. First, he doesn’t have a visitation order that is consistent what is really happening which means if the mother decides one day to change things back to the court order, she can do so with relative ease and simply deny the father visitation. In addition, the father is overpaying child support during the time he is spending more time with the kids.

How does the dad fix this?

Once a new status quo has been established (which can take as little as a few weeks), the father can simply seek a modification of child support and custody or parenting time so that what actually is happening is court ordered and the father’s rights are preserved. In addition, the father will not have to pay unreasonable child support that is based on a percentage of parenting time that no longer applies.

What’s next for you, dad?

Do yourself and your children a favor. Pick up the phone and call us or email us if you have any questions. We are experienced and talented lawyers and we want to help you preserve your rights as a father.

For some related reading, please check out the following articles:

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How Do You Get a Separation? A California Guide and Helpful Tips http://farzadlaw.com/how-do-you-get-a-separation/legal-physical-custody-support/?utm_source=rss&utm_medium=rss&utm_campaign=legal-physical-custody-support http://farzadlaw.com/how-do-you-get-a-separation/legal-physical-custody-support/#comments Sun, 19 May 2013 07:46:24 +0000 B. Robert Farzad http://farzadlaw.com/?p=1747

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Separation from your spouse can be stressful and that is why the question how do you get a separation is often on the minds of husbands and wives. It’s not just the act of physically separating from a spouse that is difficult but also how to handle custody and visitation, payment of bills, dividing bank accounts and, all the while, managing a potential divorce or separation’s complex emotions. It also marks an important event in the ultimate divorce case because the date of separation holds significance on financial issues.

Here is the good news. This article will get you started on the right track. We will talk about some of the things you need to know about physical separation and also discuss legal separation, which is a little different than a divorce. After you read this article, you should speak with one of our experienced attorneys. We are only a phone call or email away and can help provide clarity on any questions you may have regarding your separation .

The Preparation Phase of the Separation Process

Separation usually doesn’t suddenly happen. Spouses whose relationship faces challenges and ultimately irreconcilable differences build up to the point they wish to live separate and apart. That build up is an important part of the process because most of the mistakes husbands and wives make is during this transition period.

The do’s and do nots of getting a separation with children? 

The children’s best interest is something you will hear a lot during a legal separation as well as divorce and child custody cases. If your spouse is the kind who intends to use the children as leverage or doesn’t have their best interest at heart, you have to be vigilant in how you handle the separation process.

  • If you are the husband and you are concerned your wife will keep the children away from you if you move out, you may want to stay at the house. You have to balance that of course with whether or not your spouse is the type who may manufacture false domestic violence allegations against you.
  • If you are the wife and are facing an abusive husband but one upon which you are financially dependent, the balancing test is just as difficult.
    • Where will you go?
    • How will you pay for the children’s needs and your own if you move out and before there is a support order?

Fortunately, this is exactly where the experience of our family law attorneys comes in handy. Here are some things to keep in mind:

1. You and your spouse can come to a written agreement, signed by both of you, on how the time with the children will be divided. Make sure, if you do so, that it covers things such as:

  • Pick up and drop off,
  • Transportation,
  • Specific days of the week and times (if practical) for each of you to spend with the children.

If you are the parent who won’t be the primary caretaker of the children, be careful of vague visitation terms or those where you have to rely on the other parent to see the children. That just invites the children to be used as leverage if your spouse becomes angry with you or wants to use the children as leverage.

Both parents should know that the agreement they reach may just become what the court temporarily orders (or close to what the court orders) later on, unless there is a compelling reason to order otherwise or if the agreement was just a transition period to more time for one parent. For example, if you agreed to see the children on a limited basis because of the children’s very young ages, you are not stuck with that agreement. Our attorneys strongly suggest you make yourself familiar with the Orange County Parenting Guidelines, which we discuss in detail on our child custody FAQ tab.

2. Take your safety and that of your children seriously. If your spouse was abusive to you during the marriage, especially if that abuse was physical and recent, allowing visitation with the children may put you and them in harm’s way. If you are not sure what to do, contact one of our attorneys.

If your spouse is the type that will make false allegations of domestic violence or child abuse against you, pay attention – domestic violence often comes down to he said, she said and the effect of domestic violence findings on a child custody case can be long-lasting. Therefore, make every effort to NOT be alone with your spouse. Moving out may be the best option for you and hiring our firm to immediately file for legal separation or divorce and set an immediate court date for custody and visitation orders is the smart thing to do. If you are a father and going through a situation like this, consider reading our articles on fathers rights in California. No article is going to cover your particular case. Common sense is important but good legal advice is just as important. Legal advice can only be given in a consultation when asking the question of how do you get a separation.

Dealing with finances; when one household becomes two.

  • Paying the mortgage, utilities and groceries…
  • Dividing bank accounts…
  • The children’s expenses and we all know children can be expensive…

How do you maintain two households living separately?

Husbands and wives stress about money during a separation or divorce and for good reason. But it doesn’t have to be overbearing. Help form an experienced family law attorney can go a long way.

One income or two? This makes a big difference. If the household has relied on one income, a separation can put a tremendous financial stress on both the working parent and the other. Husbands and wives who are able to communicate on a cooperative level have a far better chance to work out financial issues during the separation period. Things to consider are:

1. Whether the bank accounts should be divided 50/50. Such an arrangement makes sense if the spouses can also agree on some form of informal support until a formal legal separation or divorce petition is filed.

2. What should informal support be, if any? If one spouse has a much higher income than the other, informal support may be necessary. It is best however that such an arrangement be clear. For example, will the agreement be for direct support payments or the payment of bills? Will it be the same each month or on an as needed basis? These and other issues are best worked out before separation takes place.

3. Is there a danger of hiding or absconding with assets? In cases that involve large sums of cash, monies in hidden accounts or overseas or situations where one spouse controls all of the finances, waiting until there is separation before filing may not be the best choice. You may need the protections of the California Family Code, especially if one spouse has or intends to breach his or her fiduciary duties to the other.

Whatever you do, it is generally not wise to enter into settlement agreements on financial issues without the assistance of a lawyer. Even in small to mid-sized estates, division of assets, support agreements, or even payment of debts often needs the review of legal counsel. Don’t make the mistake of thinking you know the law or trying to apply it on your own. Even if each of you do not get your own lawyer, a mediation attorney may assist you and help you come to an agreement consistent with the law.

Do you bring in a lawyer before you separate?

Yes, especially if you know legal separation or divorce is inevitable. Experienced family law attorneys can guide you on the separation process, help you make smart decisions and avoid mistakes. Attorneys can also help you answer questions like how much does a divorce cost (often the first thing on the minds of spouses) and how long does a divorce take?

What is legal separation in California?

Think of legal separation like a divorce, except you remain married. It involves the same petition and response process, the same mandatory disclosures, and the same process of dividing assets, debts, resolving with custody and support issues. If the spouses cannot agree, it also involves the same contested hearing process whereby the family law judge makes the ultimate decisions.

So why do spouses choose legal separation over a divorce? Most of the time, it is for religious or deeply personal reasons. There was a time where spouses chose legal separation to maintain one of them on the health insurance but that is becoming more difficult as health insurance companies have caught on to this. The other common situation it is used is when one spouse doesn’t meet California’s legal residency requirement. Legal separation also requires both spouses to agree to it. If one spouse wants a divorce and the other does not, the Court must permit a divorce.

So, how do you get a separation? You call us first.

You wouldn’t perform a medical procedure on yourself would you? Going through a separation or divorce without legal help is not any smarter. Contact us today, at 714-937-1193, for a free initial consultation. If you are serious about proceeding forward, we are serious about helping you!

The post How Do You Get a Separation? A California Guide and Helpful Tips appeared first on Farzad Family Law.

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Divorce Attorneys Fees and Costs – Your Questions and Our Answers http://farzadlaw.com/orange-county-divorce-attorneys/fees-consultation-question/?utm_source=rss&utm_medium=rss&utm_campaign=fees-consultation-question http://farzadlaw.com/orange-county-divorce-attorneys/fees-consultation-question/#comments Mon, 06 May 2013 03:54:06 +0000 B. Robert Farzad http://farzadlaw.com/?p=1736

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Orange County divorce attorneys typically get these questions from prospective clients:

1. How long does a divorce take?

2. How much does a divorce cost?

3. What results can I expect?

In this article, we are going to discuss divorce attorneys fees and costs, and the different types of fee options that may be available to you for your divorce case and how you can manage those fees and costs.

The different types of divorce consultations available

Most divorce attorneys offer a free consultation to prospective clients. In the past we have written about how the free divorce consultation isn’t particularly helpful just because it is free but rather if it is informative. Consultations typically break down into the following three categories:

1. A free consultation by telephone or in person where the divorce attorney discusses with you the general facts of the case and the attorney provides general information regarding divorce law and procedure.

2. A paid consultation is longer and more in depth than a free one. Here, the attorney charges the prospective client an hourly rate or flat fee and the consultation lasts between 1 to 3 hours. These types of consultations go into more detail about the facts of the case and the law and may even have the client complete some forms to get a better understanding of the case. After a paid consultation the client should have a better idea of the prospective fees and costs and a better understanding of how the facts apply to California family law.

Even a paid consultation is not a substitute for efficient and intelligent legal representation because facts can change and issues in the case may evolve; especially when there is a level of unpredictability with what the prospective client’s spouse may do.

3. That leads us to the third type of consultation with a divorce attorney which traditionally breaks down into two sessions and includes an initial consultation where that general facts are gathered and, a more in-depth consultation once documents have been reviewed. The facts are better understood and legal research, if necessary, has been completed.

This third type of consultation is more common in cases where a divorce case is already pending and the client needs a second opinion because he or she is considering changing divorce attorneys. This third type of consultation is helpful because it allows the client to get that consultation and opinion without committing to changing divorce attorneys. After all, it is possible that the direction the client’s current attorney is taking is consistent with the right path.

Fees and costs at the outset of the case

Divorce cases are tough to budget because there is a level of unpredictability to them. However, that difficulty should not prevent the attorney from setting an initial and flexible divorce case budget that evolves with time. Also, there are some things that don’t require a crystal ball. For example, you and your attorney should know whether or not there is or is not going to be a contested custody issue. Typically, the husband and wife have spoken about these things before the divorce starts and the client should at least have a reasonable idea of what may be coming.

The initial budget takes into consider:

  • Preparation of the petition (or response) and,
  • Filing (or responding to) the initial request for order regarding the initial orders sought, such as
    • Child custody,
    • Child support,
    • Spousal support and,
    • Attorney fees.

Would you like an example? Assume we represent the father and he is concerned about his custody rights. Let’s also assume the facts of the case are that of a middle-class family where both parents work but the mother has made threats that she is going to get “full custody” of the kids. In such a case, our divorce attorneys would prepare the initial petition and required forms to file the case and get a case number. We would not serve the papers immediately but instead gather the client’s financial information to complete the necessary and mandatory preliminary declaration of disclosure. If this cannot be done quickly, we would calendar to complete this shortly after filing the petition We would then prepare the necessary “request for order” (the written court documents we file with the court to get a court date) regarding child custody and visitation and ask for custody and parenting time orders consistent with the children’s best interest.

Could our divorce attorneys put a budget together for the father to get him through this initial stage? Yes. We could then revisit that budget after the initial hearing concludes.

What to expect from divorce fees as the case proceeds to settlement or trial

Settlement doesn’t just happen. Husbands and wives can find themselves in what feels like a never ending cycle of fighting over custody, support or property issues. Our clients don’t just have the benefit of our experience but also our motivation to get a client’s case resolved or, if that is not possible because our client’s spouse is unreasonable, to make reasonable efforts to set the case up in such a way that the court, at a trial or hearing that should have been unnecessary, may order attorney’s fees against the other spouse.

We do this but working with our clients to find out what their goals are. Working together to set reasonable expectations and then, once the picture is clear on the custody and financial issues, making settlement offers authorized by our clients and consistent with the facts and law.

In this way, the divorce attorney’s fees and costs are mitigated because one of three things happen:

1. The case settles which makes everyone happy,

2. Part of the case settles and therefore the attorney fees going forward is not as much as it would have been or,

3. Even if none of the issues settle, we have documented reasonable attempts to settle the case which we can use when the family law judge rules on the issues to show that the other spouse’s conduct and refusal to settle violated Family Code 271.

Our attorneys offer prospective clients a free initial consultation. In that consultation, we will discuss your case and the attorney’s fees issues and, together, we will come up with a budget that makes sense for you.

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Orange County Child Custody Investigations and What Every Parent Should Know. http://farzadlaw.com/orange-county-child-custody-lawyers/investigations-abuse-neglect/?utm_source=rss&utm_medium=rss&utm_campaign=investigations-abuse-neglect http://farzadlaw.com/orange-county-child-custody-lawyers/investigations-abuse-neglect/#comments Thu, 25 Apr 2013 05:19:03 +0000 B. Robert Farzad http://farzadlaw.com/?p=1722

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Orange County Child Custody Investigation

Orange County Child Custody Investigations – What Every Parent Should Know

Parents who find themselves going through a child custody investigation can undergo a lot of stress and confusion. These investigations often result from one parent’s allegations against the other of child abuse, neglect, substance abuse or similar issues that concern the health, safety or welfare of the children. These investigations often occur when a divorce and child custody battle collide.

Expert divorce lawyers who have experience handling difficult custody cases can help you understand when you should request a Child Custody Investigation (CCI) and when to stay away from them. These investigations aren’t proper for every case and in this article we will look at a parent’s options when presented with the question of whether or not to request or oppose a child custody investigation.

The purpose of a child custody investigation

The purpose of a child custody investigation is an objective and expedited review of the facts and evidence to help the court make a decision as to the children’s best interest. Since these investigations are handled internally within the Orange County Family Court and through its employee investigators, it involves a very different process than a formal and private forensic child custody evaluation with an Evidence Code 730 evaluator or the appointment of a lawyer for the children.

The difference between a child custody investigation and a psychological evaluation

The substantive difference between a CCI and a court appointed psychological evaluation is the detail that goes into the process. A CCI does not involve psychological testing and the investigator relies more on the statements he or she takes of the parents and witnesses as well as a review of documents and records. Furthermore, an evaluation is conducted by a clinical psychologist who attempts to obtain a detailed and lengthy understanding of the parents’ history and parenting skills to provide the court with long-term recommendations. A CCI is more focused on addressing immediate or even urgent needs.

The difference between a child custody investigation and the appointment of a minor’s counsel

Cases that involve appointment of a minor’s counsel often involve older children (typically over the age of 8 and more commonly teenagers) and also do not involve the more serious cases of abuse or neglect. If the children need a voice, whether that is for the children to state a custody and visitation preference or for any other reason, minor’s counsel can be helpful in that regard. Similar to a child custody investigation, the minor’s counsel can interview the parents and witnesses. However, minor’s counsel is rarely involved in cases where the child is not able to assist with the investigation because of his or her age or other limitations.

Are child custody investigations helpful?

They are more helpful than a “he said, she said” court battle between the parents and two lawyers arguing each parent’s position without any objective presentation of the facts. Interview of the parents and witnesses, review of necessary documents which include medical records, photographs and videos and other pertinent information that relates to the case helps bring the issues in focus for the court before hearing extensive testimony or arguments from each side.

In cases that need an immediate snapshot of what is really going on, a CCI can aid the court in making temporary orders.

Should you agree to a CCI?

The answer will depend on how complicated the child custody case is. If it involves a case that needs to go into the psychology of the parents or the children, and look at the case from a forensic perspective and the deep seeded issues that are long-term and cannot simply be solved by interviews and review of records, then an child custody investigation may not be the best choice. In such a situation, if a third person must be involved, a formal forensic psychological evaluation may be more appropriate.

If the case involves the preference of the child or children regarding visitation and the child or children are old enough to state a preference, the appointment of minor’s counsel may be a better choice.

How long will the case be delayed by the investigation?

You and your family lawyer should consider whether or not a child custody investigation will cause unnecessary delays. While it is sometimes difficult to get court time due to the backlog in Family Court, as well as budgetary issues, a simple matter that involves the testimony of the parents and minimal documents generally should not go to a CCI. That is partly because the internal investigators are already handling a high volume of cases and to take on cases that do not involve imminent issues or danger to the children can be a waste of their resources.

In Orange County child custody investigations can take as little a couple of weeks or as long as 4-5 months. Before you ask for one or agree to one, make sure you understand the important cost vs. benefit, as well as, risk vs. the potential reward of a fair outcome for your children.

Once the investigation is complete

After a child custody investigation is complete, the investigator generally submits a report to the court which includes all of the pertinent information that he or she discovered. This report can be accompanied by live testimony whereat the child custody investigator will state to the court the substance of his or her report and go into detailed reasons behind it.

Because such investigations involve children, they are generally closed to the public and everyone other than the parties and lawyers are typically excluded from watching the live proceedings. This is done to protect the privacy of the children as well as the parents.

Hearsay statements are permitted in a CCI

Child custody investigators sometimes rely on hearsay evidence. That is because the California Family Code permits the investigators to rely on such information and the judge is allowed to further rely on this information to expedite and simplify the process. For those who are not aware what hearsay is, hearsay is an out-of-court statement made by a declarant. The declarant is the person who makes the statement. For parents, this can be a concern if witnesses have been coached related to the information the investigator is relying upon.

What do you do when the child custody investigation report is positive?

Let’s assume the report is favorable to your position. You can simply stipulate (a fancy, legal word for “agree”) to the recommendations. If the other parent resists, he or she is generally afforded a hearing by the Court.

What do you do when the child custody investigation report is negative??

First, relax. A Court isn’t permitted to simply rubber stamp a recommendation without reviewing it, considering it and determining whether or not the recommendations are consistent with the children’s best interest. While family court judges do take reports seriously and, when they are well-reasoned, the judge will likely give the report great weight. If you have facts and evidence the investigator got wrong or failed to consider, you should consider challenging the recommendations and requesting that the court not follow them.

Do we have time to speak with you in person regarding any actual or potential child custody investigations in your case?

You bet. Call us at (714) 937-1193 or toll free at (877) 857-6500. If you want to reach us by email, complete our simple new client consultation form and we will call or email you back immediately. You may want to spend some time reading our Child Custody FAQ page. We think you will find it very helpful to common questions parents like you have.

Did you enjoy this article? I hope so because we have even more for you to read.

  1. Here is an article on helping to choose your advocate when you are looking for the best child custody lawyer for your case.
  2. How do I get child custody? I can hear you asking. That article will start to take some of the mystery around this question away.
  3. Are you concerned about your rights as a non custodial parent and you want to know your rights when the other parent is alienating the children? Then you owe it to yourself to read the informative article we wrote on this subject.

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Fathers Rights in California and Winning Custody in the Face of False Abuse Allegations http://farzadlaw.com/fathers-rights-in-california/false-child-abuse-allegations/?utm_source=rss&utm_medium=rss&utm_campaign=false-child-abuse-allegations http://farzadlaw.com/fathers-rights-in-california/false-child-abuse-allegations/#comments Thu, 18 Apr 2013 15:05:32 +0000 B. Robert Farzad http://farzadlaw.com/?p=1703

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Fathers Rights in California

Fathers Rights in California and Dealing with False Child Abuse Allegations

Fathers rights in California often involves dads who have been falsely accused of child abuse. When fathers are falsely accused, they are often confused as to what has driven their spouse or, if the parents are not married, the mother of the child to make such false allegations. While there is no perfect answer to this question, any parent (mother or father) who makes false allegations of abuse typically does so because that parent knows that the history of abuse is a serious consideration in any child custody case.

But that is where fathers rights and what a father does in the face of false allegations becomes so important. Is a father falsely accused of child abuse content to just beat the allegations and go back to a joint custody arrangement? Or does the father believe it is better for the child or children to take custody away from the parent who falsely accused him?

In this article, we are going to address the issue of taking custody away from the parent who made the false allegations and seeking attorney fees (sanctions) against that parent. In other words, we are going to answer the question that plagues a lot of fathers who are falsely accused – “how do I get child custody?” Our attorneys believe that false allegations of abuse, whether made by a father or mother, often justify a change in custody and parenting time (visitation) because that is the primary way to avoid additional false allegations.

Fathers Rights in California and the Family Code.

Just as California Family Code 3011 states that the court must consider any history of abuse by any parent seeking custody and that abuse includes child abuse, the California Family Code and law recognizes that false allegations of child abuse (or any abuse, including domestic violence) is simply unacceptable in child custody cases and there are statutes in California that can be used on behalf of parents who are falsely accused.

Family Code 3027.1

Family Code 3027.1 states in its subdivision (a)

If a court determines, based on the investigation described in Section 3027 or other evidence presented to it, that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose reasonable money sanctions, not to exceed all costs incurred by the party accused as a direct result of defending the accusation, and reasonable attorney’s fees incurred in recovering the sanctions, against the person making the accusation. For the purposes of this section, “person” includes a witness, a party, or a party’s attorney.

In the context of fathers rights in California, a father falsely accused needs to only show that the mother knowingly made the false allegations of child abuse or neglect during the child custody proceeding. If the father can show that, then the father can seek the sanctions against the mother and even the mother’s attorney if the attorney also knowingly made the false allegations. If other people (often grandparents, siblings, etc.) also knowingly made false allegations, they can also be sanctioned by the court.

Supervised visitation in false allegation cases

A lot of fathers who are falsely accused don’t realize this but the court does have the discretion to order a parent who has knowingly made false allegations of sexual abuse of the child to have supervised visitation. Typically, the Court has to find that there was a knowingly false sexual abuse allegation and California Family Code 3027.5 lays out the requirements for that.

However, there is no law that limits supervised visitation to only false sexual abuse allegation cases. They may be appropriate in cases when there are knowingly false allegations of other types of child abuse, especially if the allegations are made more than once.

Limiting visitation as a result of false allegations

Here is where the rubber meets the road. The simple fact is most fathers who are falsely accused don’t have the sense to realize that once a parent makes false abuse allegations and thinks he or she has gotten away with it, the chances of doing it again may be high. In other words, if a mother hypothetically made false child abuse allegations against a father, the father lost joint legal and joint physical custody temporarily, but the father was able to show the allegations were false and settled for restoring joint legal and joint physical custody, what did the mother who made the false allegations really suffer as a consequence of her misconduct?

What fathers in California should think about is, in addition to the monetary sanctions they seek against the other parent for the false allegations, if their children (who were probably alienated by the parent who made the false allegations) need protection, if the father, himself, needs protection against false allegations and if the father should seek primary physical custody and possibly sole legal custody of the children.

We have written in the past that false allegations of abuse are a form of child abuse in and of themselves. A parent who makes false allegations of child abuse is really emotionally abusing his or her own child. Dads have the same duty that mothers do, which is to protect their children from harm. So ask yourself this if you are a father who has been falsely accused – are you protecting your children if you are letting them have significant custodial time with a mother who has falsely accused you of abusing the children?

We think the answer to that question is often no.

Where do you start?

If you have read this article, then you owe it to yourself to speak to one of our experienced fathers rights attorneys. We are here to help you and will give you a free initial consultation. Contact us today at (714) 937-1193 or toll free at (877) 857-6500. You can also use our contact us form to reach us.

Looking for more information on custody? Below are some helpful articles.

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Best Child Custody Lawyers – Helping to Choose Your Advocate http://farzadlaw.com/best-child-custody-lawyers/california-orange-county/?utm_source=rss&utm_medium=rss&utm_campaign=california-orange-county http://farzadlaw.com/best-child-custody-lawyers/california-orange-county/#comments Sat, 06 Apr 2013 15:00:12 +0000 B. Robert Farzad http://farzadlaw.com/?p=1681

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Best child custody lawyers

Searching for the best child custody lawyers in California?

The best child custody lawyers…that’s the crop of attorneys from whom you want to choose. But how do you know? Searching the internet will give you a bunch of lawyers you can call. Maybe you’ve gotten a referral or two from friends or family. When trying to find the best child custody lawyers, do you know what questions to ask? How to separate fact from fiction? This article was written to help you make a good decision and to come to one that is in your children’s best interest.

Once you have read this article, call us at (714) 937-1193 or toll free at (877) 857-6500 for a consultation with one of our experienced and knowledgeable lawyers. We are here to help.

The right kind of experience

Practicing law for many years is not the experience to which we refer. That is why we called it the “right” kind of experience. There are plenty of older child custody lawyers we have come across who are ineffective advocates. Age isn’t the key. The type of experience the best child custody lawyers have is a knowledge of the law and facts and knowing how to use each within a child custody case.

Want some examples?

In those cases, our lawyers knew when to be assertive and when to attempt compromise. Attempting compromise is not a sign of weakness. If you make reasonable offers that are rejected, your case gets stronger in front of the judge. That is why our lawyers attempt resolution early on and, when it is rejected, push the matter to hearing. While nobody has a crystal ball and there is a lot of discretion a family law judge has in a child custody case, taking reasonable positions and advocating them often results in a good outcome and one that is in the children’s best interest.

No tolerance for abuse or false allegations of abuse

There are two types of cases that should receive little tolerance and need strong representation from beginning to end. The first are cases that involve child abuse. Parents who abuse their children (physically or emotionally) are rarely fit to have joint custody or enjoy equal parenting time. Since the children are the center of custody cases, the best lawyers know that children must be protected from such parents through appropriate court orders.

False allegations of child abuse are just as bad. Top lawyers aggressively defend false allegations and this often requires more than a “he said, she said” battle in court but discovery (deposition of the accusing spouse as one example), the gathering of witnesses and preparation for hearings. Parents who walk into child custody cases unprepared in false abuse allegation cases are playing with fire because cases of “he said, she said” can go either way.

Utilizing child custody evaluations

Child custody 730 evaluations (730 referring to Evidence Code 730) can be a helpful tool in contentious child custody cases. Lawyers use them in cases where the psychology of the parties and the reasons behind their actions need to be fleshed out to better understand what may be in the children’s best interest. Most family courts have an approved list of child custody evaluators.

Managing attorney fees and costs

Child custody cases can get expensive and quality lawyers manage the fees and costs through an early and continuing dialogue with their clients. Our child custody lawyers help our clients lay out goals, a plan and a budget and one that isn’t static but is updated as the case evolves.

It’s time to stop toiling and make a decision

Don’t let paralysis set into your decision making process. You cannot effectively represent yourself in a difficult and contentious custody case and trying to find the cheapest lawyer generally gets you nowhere and possibly in a worst situation than where you started. We know finding the best child custody lawyer for your case is difficult but we are here to help. There are no guarantees in any case, but through good questions, honest answers and effective representation, you can give your child custody case a better chance of success.

More articles on divorce and child custody

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Fathers Rights in California – Is it Fact or Fiction? http://farzadlaw.com/fathers-rights-in-california/child-custody-false-allegations-abuse/?utm_source=rss&utm_medium=rss&utm_campaign=child-custody-false-allegations-abuse http://farzadlaw.com/fathers-rights-in-california/child-custody-false-allegations-abuse/#comments Thu, 04 Apr 2013 20:29:55 +0000 B. Robert Farzad http://farzadlaw.com/?p=1677

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Fathers Rights in California

Got questions about fathers rights in California? Then this article is for you.

Fathers rights in California is an interesting topic because opinions vary depending on whether you talk to an experienced divorce attorney or an everyday father or mother. Many fathers believe that there is a bias in the Court system on California divorce and child custody cases because women are the preferred parents to care for the children. Is there truth to this? Or is this an outgrowth of decades of misconception?

Our divorce lawyers offer you the following opinion:

Primary Parenting Time

The term “visitation” is not an entirely accurate statement when it comes to time with the children Parents don’t really “visit” with children as much as they have “parenting time.” Parenting time varies from case to case. Some parents can handle more, others can barely take on an every other weekend schedule. But what about fathers rights and situations where fathers want primary parenting time (more than 50%). Is it fact or fiction that they can get it?

In our experience, fathers rights in California to primary parenting time is fact.

Our divorce attorneys can proudly state that we have obtained 50/50 parenting time and even sole child custody orders for fathers when the situation required it – those situations included where the mother abused the child, was unfit to care for the child (typically those of substance abuse), refused to co-parent and alienated the child or did not spend the time allocated to her with the child and refused to allow the father to care for the child during that time. These and other circumstances can result in primary parenting time and even sole child custody orders to a father. 

Joint Custody and Parenting Time

This situation is different. It is one where both parents are equally able to care for the child. It generally does not involve abuse, neglect or a serious lack of co-parenting.

The key for fathers is to persuade the family court that they are not just willing to care for the child an equal amount of time but have the time to do so. Once again, our attorneys have successfully obtained for father equal (50/50) parenting time when it was consistent with the children’s best interest and both parents were in a good position to share that kind of custody time.

50/50 custody comes in varying forms (see the Orange County parenting guidelines that we analyze in our FAQ child custody page) including a week on-week off schedule, a 2-2-3 or 2-2-5 schedule and others.

Even though we have had success, all of us have also seen situations where the court has been hesitant to grant 50/50 custody if there are doubts as to the father’s ability to care for the child equal time. Does that mean there is a bias against fathers? We don’t believe so. But with old-fashioned judges who come with pre-conceived notions of how a child should be raised, this can become more difficult than it should. That just means to enforce the fathers rights in California on these kinds of custody cases, the father and his lawyer have to be well prepared to present the issues, facts and law to the family law judge so he or she has little excuse to not order equal parenting time. 

False allegations of Child Abuse or Domestic Violence

We have written in the past about cases of false allegations of child abuse in a divorce or false allegations of domestic violence. These cases can be contentious and difficult and generally involve child custody investigations, valuations or the appointment of a lawyer for the children. When fathers are faced with false allegations of child abuse or domestic violence, gathering documents and witnesses in support of the father’s position is an important part of the process. If you find yourself facing false allegations, contact us. Our attorneys have successfully represented fathers in such cases and we can help you.

What is the next step?

Contact us today for a consultation so we can discuss your case and options. Even if your case has been ongoing and you have not obtained fair results, we may still be able to help you. You may reach us at (714) 937-1193 or use our contact us form to email us about your case. It’s a step in the right direction and we look forward to hearing from you.

Check out more articles on fathers rights in California

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