At the LAW OFFICES OF ROBERT L. KENNEDY & ASSOCIATES we know how important and difficult family disputes can be.  That is why we are here to make you feel more at ease during this time.  We represent clients in Family Law areas such as....

Divorce
A divorce is the dissolution of a marriage contract between two people, by the judgment of a court of competent jurisdiction.  “Divorce” derives it name from the diversity of the minds of those who are married, resulting in each partner going a different way from the other.  Until a Judgment of divorce is actually made, neither party can treat the other as sole (or separate), even in cases where the marriage is utterly null and void for some preexisting cause.  A Judgment of divorce must also be made during the lifetime of both the parties.  If one party passes on before a divorce is finalized, the marriage is deemed as legal in all respects.

Legal Separation
A legal separation is similar to a divorce in that division of martial assets, child custody, visitation and child/spousal support are determined.  However, even though the couples no longer live together, they may continue to have a relationship, and no divorce is granted.

Child Custody/Visitation
In a divorce, there are two types of custody.  A parent who has legal custody has the right to be involved in the decision making typically involved with being a parent, such as religious upbringing, education and medical decisions.  Legal custody can be either sole or joint.  A parent who has physical custody has the child physically with them.  Physical custody can either be sole, joint or one parent may have primary physical custody with visitation to the non-custodial parent.

Visitation is time, designated by the court, for a non-custodial parent to spend with the minor child.  The court requires a couple to establish a visitation schedule (parenting plan) that determines the dates and times when visitation will occur.

Out of State Custody
The Court retains jurisdiction in which a custody order is first made over child custody and visitation even if one parent moves out of state.  As a result, California child custody orders apply as long as one parent lives in California.  If a couple has joint custody and one parent moves out of state, the shared visitation time and other shared responsibilities could, but may not, change as a result of the move.
Child/Spousal Support
Child support consists of court-ordered support to be paid by one parent to the other for the benefit of the minor child(ren) after separation or divorce (dissolution).  The amounts of child support are based on the incomes of both parents, the number of children and timeshare with children, the expenses of the custodial parent, and any special needs of the children.

Spousal support consists of court-ordered support that one spouse pays to the other after separation or divorce.  In determining the amount of support, the court weighs a number of factors, including the standard of living during the marriage, how long the marriage lasted, and the ability of the supported spouse to become self-supporting.

Restraining Orders
A restraining order is a court order prohibiting a person from doing something.  In domestic situations involving spousal abuse or stalking, the court order may prevent one spouse from: making contact with the other spouse or other family members; entering the family home; or taking a child out of state in order to protect the victim.

Paternity
Paternity is a lawsuit, usually brought by the mother, to prove that a named person is the father of the child (or fetus she is carrying).  Paternity can be accurately established through DNA testing and may be crucial in rulings regarding child custody, visitation and child support.

Adoption
Adoption is the taking of the child into one’s family, creating a parent-child relationship, and giving the child all the rights and privileges of one’s own natural child, including the right to inherit as if the child were the adopter’s natural child.  The adoption procedure varies depending on whether the child comes through an adoption agency or comes from a stranger or a relative, and on the age of the child and the adoptive parent or parents.

 

If you or your family members have questions or concerns regarding issues to do with Family Law, please call us to make and appointment at 562-595-5950.