All About Family Law in Visalia, California
Family law in Visalia, CA covers the whole spectrum of domestic legal issues: divorce, child custody, support proceedings, division of assets, and more. In California, the family law statutes are codified at California Family Code Sections 3020 through 9620. Below, we summarize California’s family laws and how they’re applied in divorce and other domestic relations matters in Visalia.
Child custody and visitation
Divorce will generally involve child custody and visitation issues, although not always. Unlike some other states, in California, the courts have no discretion to refuse to award custody rights to a parent. What the judges do have the power to do, however, is to modify child custody arrangements and visitation rights. In custodial awards, California judges are required to consider the wishes of the child (FL § 3042). Then, the judges must make decisions regarding custody in accordance with what is in the "best interests of the child." (FL § 2004).
The general standard found by California courts for that "best interest of the child" includes elements as follows:
• The general welfare of the child
• The health and safety of the child
• The nature and amount of contact of the child with both parents
• The preference of the child, if the child is of sufficient age and capacity to reason so as to form a stable and reasonable preference (in cases when the children are over age 14 years, the preference will be given more weight)
• The habitual or continued abuse by one parent against the child or his/her sibling or the other parent
In addition to these general standards, there will be many specific statutory provisions relating to custody and visitation in individual scenarios. The California Family Code has provisions in Chapters 3 through 19 relating to parents and children patents.
Child custody will be an important issue in any divorce that involves minor children. It will also be critically important for unmarried parents who do not live together to have a parenting plan approved by the court.
Child support in California
Again , child support may be an issue in any California divorce that involves minor children, or it can be an issue for unmarried parents who do not live together with their children.
The support amounts are paid by the parent who does not have primary physical custody of the children. The California Family Code sections relating to child support are §§ 3900 through 3945.
Under California law, whenever a couple with minor children divorce or separate, the court must award child support payments to the custodial parent. Child support payments are not based on the needs of the child, but on the income of the parent who does not have the children living with her or him most of the time. Thus, the custodial parent and children are entitled to a standard of living equivalent to that which the family had before the divorce or separation, that is whether the parents were living in luxury or poverty.
Under California law, calculations of child support payments are determined under California child support guidelines. California law requires judges to apply the child support guidelines to determine the amount of child support to order (FL § 4052). These guidelines have a formula to determine child support payments, based mainly on:
• The net disposable income of each parent and
• The method of time-sharing of both parents
The California child support guidelines apply in all cases, except where:
• Neither parent can pay any child support due to physical incapacitation
• The amounts to be paid would cause significant hardship, or
• There have been voluntary unemployment or under-employment situations resulting in a lower amount of child support
Child support will be retrievable from wages on an ongoing basis until the child reaches 18 years of age, or until 19 years of age, if still in high school and not self-supporting. Beyond that point, child support may be requested and ordered to continue in some situations under California law, such as in cases involving disabled children.
Visalia child support orders are also routinely enforced through wage garnishment, or through intervention of local child support enforcement authorities.
What You Should Look for in a Family Law Attorney
Expertise and Focus
The ideal family law lawyer should have a strong focus on the family law area of law, having represented people in a variety of family law cases over many years. The lawyer should have been actively involved in family law related cases on the county level as well as at the state and federal level. A lawyer with years of experience, recent continuing education, and a track record of successful settlements, trials and appeals will provide the expertise needed to help obtain justice in their family law cases. A lawyer should be familiar with the local courts, judges, clerks, procedures, and rules to guide them in a successful outcome of their clients’ cases.
Inclusiveness and Responsiveness
In addition, a family law lawyer working with the people of Visalia and surrounding areas should be familiar with and responsive to the needs and goals of people from diverse ethnic and cultural backgrounds. This includes those from many Hispanic cultures, Asian cultures, Central and South American cultures, and other groups. As one example, in the immigration law context, a lawyer should be familiar with and sensitive to the special challenges faced by people who are undocumented, transitioning into legal immigration status, or otherwise in need of legal assistance with immigration matters.
Communication
A family law lawyer should be an effective communicator. Clear presentations and effective listening skills should be demonstrated in the initial consultation. A lawyer should also be available by phone and by email, and respond promptly to calls and messages. A lot of communication is also done by mail, so the office staff should be helpful, courteous, and efficient. Legal documents should be prepared carefully, willfully, reviewed for quality control, and clearly communicated with the clients. The office should be familiar with the specialized language of legal documents and be able to communicate these concepts effectively and in understandable terms.
A family law lawyer should provide initial consultations at no cost to evaluate the situation and determine if the lawyer and client are a good fit for each other. Once representation commences, the client should be involved every step of the way, including routine updates, communications, and attendance at court and other meetings, while leaving the necessary legal work to be done by the attorney.
Why it’s Beneficial to Hire a Local Family Law Attorney
When you are dealing with family-related legal issues, it is worth the time to find a local attorney that has experience in family law. While there are some very good general practitioners, family law can be exceedingly complex and procedural issues can easily arise impacting the client’s experience as well as the outcome of the case. Local attorneys are generally familiar with local court practices and have established a working relationship with the judges and court staff. In family law cases, where issues like child custody, visitation, spousal support, and paternity are being addressed, it can be critical to hire a local lawyer familiar with issues like the Family Code’s 75 day rule, local rules of court, form requirements, etc.
Accessibility is another important issue when it comes to choosing the best attorney for your legal issue. When a case is filed it normally takes months if not years before a case is finally resolved. The Family Code requires that child and spousal support orders be re-evaluated every three years, but a full family court trial can take more than a year to get on calendar. This means that clients often need a family law attorney close to home so that meetings can be scheduled in person or at the attorney’s office. By contrast, some litigants find attorneys located in Los Angeles who charge significantly less than local counsel. However, the travel time and expenses, which could easily be in excess of $1,000 per trip, may prohibit litigants from being able to work regularly with their attorney at all.
How to Choose the Right Attorney for Your Family Law Matter
Taking the necessary steps to find and hire a family law lawyer can be overwhelming. With so many options available, you can easily get stressed over the decision of which lawyer to hire to handle your case. What you should keep in mind is that you need to find a lawyer that you not only trust, but one that can actually help you achieve the results you need. There are some important steps to take when hiring a family law lawyer that can help ensure you hire the right one right from the very start.
The first step to finding a family law lawyer is doing research. You may want to check with the California Bar Association to find a list of local lawyers to check out. You can also ask family members or friends if they have worked with any family law lawyers in the past. You can even read reviews of lawyers in your area online to get an idea of their service and expertise. After you’ve listed a few potential candidates , you’ll want to schedule consultations with each of them to make sure you really like them before hiring them.
When you go in for the consultation, you’ll want to ask each lawyer some important questions. Even though the lawyer will be asking you questions about your situation, you need to ask them questions about their experience and qualifications as well. Some of the questions you should ask your potential lawyer include: You should then review client testimonials and reviews on the lawyer’s website, if they have one, to further determine how satisfied clients are with their services. A little extra time spent doing research up front can save you a lot of money and time in the long run. Hiring the wrong lawyer can end up costing you more than expected, and sometimes lead you to losing your case. Follow the steps above to make sure you hire the right family law lawyer for your family’s needs.
Types of Family Law Cases Common in Visalia, California
The most common types of family law cases handled by family law lawyers in Visalia, CA include divorce, child custody and support, spousal support and property division.
Divorce is the most common family law issue handled by Visalia lawyers. The annual court statistics indicate that a little over 1,500 divorce cases are filed each year in Tulare County. All of those divorce cases start in the Visalia court. Most divorces filed in Visalia go to a full trial. Reasons for the high number of divorces filed in Visalia include the following: The next most common family law case handled by family law attorneys in Visalia is child custody and support cases. the annual court statistics indicate that a little under 2,000 custody and support cases are filed each year in Tulare County. Again, all of these cases start in the Visalia court. Most custody and support cases filed in Visalia do not go to a full trial. Some of the reasons for the high volume of custody and support cases in Tulare County include the following: Family law and domestic lawyers in Visalia also handle cases related to spousal support, which is commonly known as alimony, and property division, which is commonly referred to as community property division. The court’s annual statistics do not break down spousal support and community property division cases.
Lawyer Fees and Legal Aid
Understanding and managing costs is critical for anyone facing a family law issue. In Visalia, CA, the cost of hiring a family law lawyer can vary widely based on numerous factors. The general price range for family law services in Visalia can start at $200 per hour and exceed $500 per hour for the most experienced and specialized lawyers. Some attorneys may offer flat fees for specific services or consultations. The geographic location, size of the firm, and reputation of the lawyer can all influence pricing.
A crucial factor affecting costs is the complexity of your case. If you are dealing with child custody issues, the courts may require that you have an attorney if the case is particularly complicated. Other factors such as property division or divorce settlements can range in complexity and, therefore, cost to you. To minimize costs, it is essential to be organized and research your case beforehand . Gathering documents and preparing a list of questions and concerns can be a good place to start.
Many family law firms in Visalia offer payment plans or consolidations that allow you to break down costs into manageable payments. These plans can help in cases of long-term issues or high up-front costs. However, these payments should be carefully reviewed to consider additional fees in the long run.
In addition to these considerations, legal aid organizations may offer services to low-income clients who qualify for their assistance. Although there may be limited resources, legal aid clinics can provide basic legal advice regarding family law issues and even help with filing forms and understanding the process. Some nonprofit organizations and law schools in the area also provide pro bono services. Family law issues are taken case by case, and services may be limited.