Norco Family Lawyer

Norco Family Law Attorney

Whether involving divorce, child custody, or mediation, most family law matters are not easy. These can be emotionally charged and stressful situations to go through. The goal is for family law cases to be resolved smoothly and for all conflicts to be mitigated. Choosing an experienced Norco family lawyer can help you through these tough experiences. At Najera Law Group, APC, we can provide support for the many issues that fall under family law.

Divorce

Divorce, also called dissolution of marriage in California, is the legal procedure that formally terminates a marriage. The state follows a “no-fault” doctrine, meaning neither party has to prove the other spouse is at fault for the irreparable breakdown of their marriage. They can state “irreconcilable differences” as their reason for divorce.

The state is also a community property state, so when a couple is divorcing or separating, all assets and debts acquired during their marriage will have to be divided. Only separate property will stay with the spouse that owns them, which is anything acquired before their marriage, after separation, and inheritances and gifts given to one spouse.

During the divorce proceedings, the couple will have to decide on child support and custody, spousal support, and more, depending on the circumstances of their divorce. Contact our Norco divorce lawyer to get legal help.

Child Custody

Child custody in California is broken into two types, legal and physical. Legal custody is the right and responsibility to make important decisions about the child’s life, such as their education and health care. Physical custody entails where the child lives and who is responsible for their day-to-day care. Contact our Norco child custody lawyer today to get help in your case.

Legal and physical custody can be granted solely or jointly. This means parents can have joint legal, joint physical custody, or both, or one parent could be granted sole physical custody but joint legal custody, depending on the unique circumstances of the family dynamic.

The court decides custody by assessing what is in the best interest of the child. Parental fitness and the existing relationships between parents and children are also factored in, as well as the child’s preference if they are old enough and if there were any situations of domestic violence.

Child Support

California’s child support laws are designed to ensure that both parents are contributing financially to the well-being of their children. Usually, the parent who does not have primary physical custody is responsible for paying support. The main factor when the court decides on child support is the income of both parents. They will use a formula to calculate the amount of support but will also consider any special needs, daycare costs, and health insurance expenses.

Spousal Support or Alimony

Spousal support, also known as alimony, is a court-ordered or agreed-upon support payment from one spouse to the other during legal separation or after the divorce. In court orders, support is determined based on the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage.

Temporary spousal support may be awarded during the divorce or separation but will expire after the divorce is finalized. Long-term spousal support is ordered after the divorce is finalized and can last for a specified period or indefinitely.

Mediation

Mediation allows spouses to resolve disagreements and issues like child custody, support arrangements, and property division without having to go to court. It can be voluntary or court-ordered. During the process, the spouses meet with a third-party mediator who helps them work through these matters. The mediator is there to facilitate communication, not make decisions or provide legal advice for either party.

Mediation can help reduce stress and conflict, lower costs, and achieve faster results compared to litigation. It also allows divorcing or separating couples to have more control over their family’s future.

Paternity

Establishing paternity is about confirming the biological or legal father of a child. This legal process is important for both the parents and their child. Paternity may need to be established before child support and custody arrangements can be decided. It also allows the child to benefit from their father’s social security benefits, military benefits, and other entitlements.

Usually, paternity is either presumed due to marriage or established by the father signing the birth certificate. Both parents can also sign a Voluntary Declaration of Parentage (VDP) without the court’s involvement. If there are disagreements, the court can order paternity based on genetic testing.

Domestic Violence

Domestic violence cases can be extremely difficult to navigate. Victims should be given justice and support, and abusers should be held accountable, but not every situation is that easy. When it comes to these cases, our attorneys can handle all types of domestic violence situations, whether you are the victim of the abuse or responding to a claim against you.

When it comes to family law, domestic violence can impact child custody and spousal support decisions. California has a strong presumption against granting custody or unsupervised visitation to any parent who has perpetrated domestic violence. For spousal support, the court may award higher support to the victim to help them recover from the abuse and establish independence.

Restraining Orders and Orders of Protection

Protective orders are vital tools for shielding individuals from harassment or abuse. Orders such as Domestic Violence Restraining Orders (DVROs), elder or dependent adult abuse restraining orders, or stalking orders can protect individuals. If the offender violates the order, it is a criminal offense. A family law attorney can provide support whether you are looking for an order of protection or were served one.

Court Order Modification

Sometimes, arrangements may need to be changed because the future cannot always be planned. Circumstances change, such as employment status, income, health, or children’s needs. Modification orders can be filed for child support and custody, property division, and spousal support cases. The court will schedule a hearing to decide whether the modification is warranted based on all the evidence presented.

Motions for Contempt

When one party in a family law case fails to follow court orders or agreements, it can become a frustrating situation for everyone else involved. When this happens, a Motion for Contempt can be filed with the court to intervene in the situation and order compliance or resolve the matter through litigation.

Why Do I Need a Family Lawyer?

Even if you do not expect your case to end up in court, a knowledgeable lawyer can be a valuable asset for all family law matters in Norco, CA.

When you have a lawyer by your side, they can do the following:

• Help you complete legal documents on time and correctly.
• Help you obtain a favorable outcome that will benefit your family long-term.
• Provide legal advice on your issues.
• Advocate for your interests and rights during negotiations and in the courtroom.
• Guide you through the legal process of family law and take some stress off your shoulders.

Norco Family Law FAQs

Q: What Is the Difference Between a Divorce and a Legal Separation?

A: A divorce is a legal end to a marriage, whereas a legal separation allows couples to live apart and work through issues such as property division, spousal support, and child custody while remaining legally married. Legal separation also allows couples to reconcile and resume their marriage if they decide divorce is not right for them.

Q: How Does California Handle Child Support?

A: The courts in California handle child support by using a child support calculator guideline. This looks at each parent’s income, how they file taxes, how much time they spend with their children, and other relevant factors to make a decision on the amount of child support one parent should provide to the other.

Q: Can I Get Sole Custody of My Child in Norco, CA?

A: It is possible to get sole custody of your child if the court finds it to be in the best interest of the child. California courts want both parents to be involved with their children but will look at factors such as living arrangements, financial stability, both parents’ ability to meet the child’s needs, and whether there is a history of domestic violence or abuse to determine custody. Discuss your situation with a family law attorney to understand your legal rights and options.

Q: Can Grandparents Have Custody or Visitation Rights in California?

A: While grandparents are not given automatic rights to custody and visitation in California, they can petition the court for visitation or custody rights if they can prove that the parents are unfit or it would be beneficial to the child’s well-being. The court’s primary concern is always what is in the child’s best interests.

Q: How Is Property Divided During a Divorce in Norco, CA?

A: California follows a community property system, meaning any assets the couple acquired during their marriage are considered jointly owned by both of them, no matter who paid for it. Any property acquired before the marriage or after legal separation is separate property, as are inheritances or gifts one spouse received at any point.

Reach Out to an Experienced Norco Family Lawyer

If you are facing family law challenges, you need experienced legal representation on your side. At the Najera Law Group, APC, our team has the knowledge and compassion to advocate for your rights and pursue the outcomes you want and deserve. Schedule a consultation to learn how we can support you.