All family law matters and cases complimentary child support calculator (link on bottom of page) oficina de habla hispana   DIVORCE Divorce is a termination and dissolution of the marriage. Community property is generally divided equally and separate property is confirmed to the party that it belongs to from before marriage. Spousal and child support is established. In the beginning of a divorce it is important to seek legal advice and to obtain temporary orders to preserve the status quo and living standards. REGISTERED DOMESTIC PARTNERS Partners can use this law to gain many of the legal benefits once only available to married persons. Some of the see new rights include community property rights, certain medical benefits, certain inheritance rights and recognition in various probate court proceedings, and State of California tax filing status same as married couples. Likewise, a registered domestic partnership can be dissolved in much the same way a marriage is dissolved by divorce. There are certain requirements to become a registered domestic partner and registration must be completed. CHILD CUSTODY/VISITATION There are two types of custody: “Physical Custody” and “Legal Custody”. Whichever parent the child lives with is the parent who has physical custody. Whichever parent makes the legal decisions for the child is the parent who has “legal custody” (decisions such as choice of schools, medical care, dental care etc.). A parent can be awarded “primary custody” but share “legal custody” with the other parent. Or both parents may share custody equally, called “joint custody” where the child spends substantial amounts of time with each parent and the parents share the responsibility for the child’s welfare. Visitation is awarded to the non-custodial parent. Visitation orders may specify a particular schedule (days and times for the visits) or may simply state “reasonable” visitation (where the parents have the flexibility to make agree on their own visitation schedule). PATERNITY If you have a child from a relationship but were not married, then you need to file a “complaint to establish parental relationship”. The court can use a variety of factors to establish who the father of the child is, the most well known is the DNA test. However, there are other ways to establish paternity, often hospitals, for example, provide a legal form to unwed fathers called a voluntary declaration of paternity. You will not be able to establish custody or visitation orders until you file a complaint to establish parental relationship. CHILD SUPPORT California uses statewide child support guidelines based on the income of both parents, time the child spends with each parent, allowance for certain “add ons” such as day care expenses, uninsured health care costs, and visitation travel expenses (some “add ons” are mandatory, some are left up to the court’s discretion). A link to the child support calculator and child support information from the State of California is provided below. Child Support Calculator