Family Law

Child Custody Laws

In California, the state uses terms involving legal custody, physical custody and visitation. When parents are unable to agree on who will have custody of the child, the court may intervene and make a decision based on the best interests of the child. Determining what the best interests of the child are can vary depending on child custody laws of the state. Read more about San Diego child custody laws.

Sole Custody

There is sole custody in two regards – sole legal custody and sole physical custody. A judge will grant custody or visitation rights after considering everything involved; including the child’s health, safety and welfare, as well as any history of abuse by one parent. Sole legal custody means one parent has the right to make decisions relating to the health, education and welfare of the children. Sole physical custody means the child lives with one parent and the other parent has visitation. Read more about sole custody in California.

Joint Legal Custody

When parents divorce, most experts believe the best solution for the children is for the parents to reach an agreement on who will take care of what parenting responsibilities. However, some parents are unable to agree on custody or visitation and a judge will make the decision for them. Learn more about joint legal custody for San Diego County.

Help For Women:

Divorcing Women

Women and Mothers involved in divorce present special questions and circumstances to the family law judge. The presentation of a woman’s case to a family law judge is very demanding and detailed. Women contemplating divorce or involved in divorce have numerous issues that must be addressed and done so in a way that is acceptable to the courts.

Attorney Edmunds has been practicing family law for over 27 years. He has represented hundreds of women in family law matters and has been able to resolve most cases consistent with the clients’ expectations.

If you have questions about child support, spousal support, child custody and visitation or division of assets, do not hesitate to contact Mr. Edmunds or his staff. Flexible payment plans are available and in many cases retainer payments can be reduced to accommodate the needs of the individual.

The discussion that appears below is not intended to be legal advice. The reader should consult an attorney on the issues discussed below and obtain opinions from qualified persons.

1. Custody and visitation:

Often women have questions about custody and visitation matters. Custody and visitation issues often require mediation and the utilization of court personnel to meet and confer with parties to discuss such questions as, who will be the primary custodian, what visitation rights the non-custodial parent will have and who has been the primary caretaker of the children.

Parties may also wish to use the services of a private professional evaluator. Attorney Edmunds has often referred clients to private custody evaluators in family law cases. The extra time and expense often proves advantages to clients who request and want to commit financial resources for this purpose.

Many women want to know when a father is not permitted to see a child. The circumstances vary. Obviously the conduct of the parties is scrutinized by the court very closely. If either party is involved in the unlawful consumption of alcohol, drugs or involved in aberrant behavior this is of concern to the court. Such issues may be discussed at mediation and can also be presented to the court. If you have questions in this area, do not hesitate to contact the offices of Alan V. Edmunds.

The above information is only a partial response to questions frequently asked. For further detail and in depth examination, please call our office.

2. Support:

Frequently women involved in divorce need financial support. Whether that support be in the form of spousal support or child support, questions arise as to how the support is calculated and when it is paid. As a general rule the family law courts utilize a computer based software program to calculate support. In the area of child support the calculations are dependent upon many factors. The most important factors include the income of the parties and the percentage of time share that the children spend with each parent. As indicated, however, there are numerous other factors in the calculation. For more information on this issue, please do not hesitate contact an attorney or call the law offices of Alan Edmunds.

3. Job Contacts

Many women ask if they will be required to seek employment in a divorce situation. There are indeed requests that can be brought by the opposing party for job contacts and to have income imputed to the opposing party. These issues do not follow a general guideline and are dealt with on an individual basis. If you have questions about this please do not hesitate to call the offices of Alan Edmunds.

4. Division of Assets

Frequently in a divorce there are insufficient monies available to support both parties and to support the assets that were held during marriage. Questions are often raised about family homes and whether they will be sold. This is an issue that is frequently decided by the courts. It is not uncommon for judges to order the sale of individual assets and have the proceeds held in trust for safe keeping to the conclusion of the dissolution action. The court may then order the release of the funds to the parties.

Frequently women have questions concerning their probability of staying in the family residence during the pendency of a divorce. There is case authority to allow women with children to remain in the residence for a period of time. There are no general rules in this area and the courts treat this issue on an individual basis. The financial ability of the parties to obtain independent housing is closely scrutinized by the court. If you have questions in this area please do not hesitate to contact an attorney or call the offices of Alan. V. Edmunds.

5. Domestic Violence and Restraining Orders

Women often bring questions concerning the issue of domestic violence that has occurred during their marriage. Domestic violence is treated very seriously by the courts and can have a powerful influence in the course of family law litigation, particularly in the area of custody and visitation. Women should contact attorneys immediately for advice in the area of restraining orders and domestic violence. Courts focus on the severity of the violence, the time and date of the violence relative to the request for restraining orders and the harm that resulted either to the women or to the children in the relationship. Domestic violence is a very complex area and requires careful presentation of facts. The courts do have personnel available to assist women who have been victims of domestic violence. Women are encouraged to contact the courts, law enforcement and attorneys as they deem appropriate.

These are a few of the areas that are frequently discussed in consultations between Attorney Edmunds and women who are contemplating divorce. If you would like further information or desire an office appointment, please do not hesitate to call the offices of Alan V. Edmunds.

Divorce Records:

Divorce records provide documented information that a person is legally divorced. By accessing divorce records, a person is able to find out when and where divorce filings were made as well as the names of the spouses involved and case numbers. Divorce records also indicate if domestic violence was present – revealing restraining orders, child custody, property and other settlement resolutions.

Divorce records are stored at the state and county levels. Many states offer a way of obtaining a copy of your divorce records, but you must know where to request them. In California, residents can contact the Department of Health Service’s Office of Vital Records to request a copy of their divorce records. Many states have few records earlier than dates listed or are limited by non-computerized methods, limited personnel or other situations that can delay the time it takes to receive divorce records.

Due to budgetary constraints in California, the Center for Health Statistics Web site says processing time can be delayed for up to two to three years. But divorce records can also be obtained by contacting the Superior Court in the county where the divorce was filed. A certified copy of the actual divorce decree is provided by the Superior Court.

A California Certificate of Dissolution of Marriage Request can only be issued by the Center for Health Statistics for divorces that occurred between 1962 and June 1984. A Certificate of Record includes the names of the parties to the divorce, the county where the divorce was filed and the court case number. The Certificate of Record is not the same as a certified copy of the divorce decree. When unable to identify the county where the divorce was filed, a request for a Certificate of Record (1962 through June 1984 only) can be submitted to the Center for Health Statistics for processing, which, as stated earlier, can be delayed for two to three years

Using the Application for Certified Copy of Marriage or Divorce Record, processing requests can occur faster and more accurately. Included on the form is information for the name of the husband as it appears on the divorce record, the full name of the wife as it appears on the divorce record, and the date of divorce and country of divorce. There is a $13 fee for a Certificate of Record, which must be sent as a check or money order to the Office of Vital Records, along with the information to the California Department of Health Services.

Because the California Office of Vital Records does not have a public counter where customers can visit the office, requests for divorce records can only be submitted through the mail and questions answered by calling the Customer Service Unit.

Divorcing Men

Men who are involved in divorce, or are contemplating divorce, bring special issues to the Family Law Judge. The case that a man presents is vastly different in presentation relative to the issues, as the case that is brought by a woman or a mother. Men usually are far less aggressive and take a posture that is far too conciliatory at the initial stages of litigation, with the hope that a settlement will be reached. Men are also victims of settlement negotiations, which either change on a frequent basis or break down and end in total frustration. The Law Office of Alan Edmunds has been representing men in family law litigation for over 25 years. This law firm is well acquainted with the issues that are important to men and how they should be properly presented to the court. What appear below are some suggestions and discussions on these issues. This material is not intended to be exhaustive, but only provided to offer suggestions. This material is not legal advice and is not intended as such. If you are involved in a divorce, child custody case or a support case, please call our office or consult an attorney.

1. Spousal Support

In the area of spousal support, men are often treated in a historic manner by the courts. The old adage that “the man pays” is still ingrained in many judicial minds. The good news is that there are several approaches that can be taken by a man to reduce or eliminate spousal support. In the State of California there is case authority that women can be ordered to make job contacts and also seek and maintain full time employment. Specific requests must be made for this at the support hearing.

Men should also be aware that unemployed women can be found to have an earning capacity. To accomplish this, many experienced attorneys use a Vocational Assessment of the unemployed wife to establish an earning capacity. This is an excellent tool to reduce spousal support awards when the opposing party is unemployed. Many men also have unemployed spouses that receive passive income from other sources. Frequently, parties fail to mention passive income to the courts. Trust proceeds and personal injury awards are just two examples where passive income can be realized. These issues should be brought to the attention of the court. If you have questions about spousal support, do not hesitate to contact Alan Edmunds.

2. Child Custody

The days have long passed when only women were given custody of children. Today, the Law Office of Alan Edmunds has been very successful in obtaining Court Orders where men were given the primary physical custody of the children. In that area of custody the issues become very complex. A man who is involved in a child custody case should focus on “the best interest of the child”. Often the courts require mediation through Family Court Services Mediation in the Family Courts of California. There are alternative ways, however, that may be utilized by the man seeking custody. One important aspect is to have a custody evaluation done by an expert who has been approved by the courts. Men often overlook this possibility, and in so doing, eliminate an excellent opportunity to overcome a negative Family Court Services Mediation report that might have been written favoring the woman.

Men should realize that Family Court Services Mediation counselors have limited time and resources in which to make a recommendation to the court. If there are no other recommendations received, other than those from Family Court Services Mediation, the court often follows the recommendation provided by the mediator. Once again, the man can overcome this recommendation by utilizing outside experts. A custody evaluation or a psychological evaluation, where the issues dictate, can be very useful in this area.

3. Move Away

Frequently, men are faced with a situation where the opposing party wants to move out of the state with the minor children. In California “move away cases” require the Court to send the parties to Family Court Services Mediation. The case law in this area has been changing over the last 7 years. If you have questions about children’s residence being changed out of the county or out of the state, consult an attorney immediately. Time is of the essence in these cases. The notice requirements are usually very specific and must be followed as Court Ordered.

4. Child Support

Child support is an issue that is very important to men in divorce litigation. The primary components of child support include the income of the parties and the percentage of time share that the child spends with each parent. If a man has the child a majority of the time, than the amount of support that he pays could possibly be reduced to zero. Again, the Court examines the incomes of both parties and the time share that the child spends with each parent. Overnight visitations are extremely important for a man in a custody case. This law firm encourages men to spend as much time as possible with their children. It benefits the child and also benefits the father in the litigation.

5. Property Divisions

Another area that is very contentious in divorce litigation is the division of property. Frequently, experts are hired to evaluate businesses and property. Negotiations between spouses involved in a divorce are often unsuccessful because there are no values being placed on physical assets, real estate, or business opportunities. This law firm has extensive experience in the utilization of experts in the areas outlined above. These are just a few of the many areas available where experts can be hired to assist a man involved in litigation.

6. Mediation

Mediation is a very important option for men to consider who are involved in divorce. Mediation can save a great deal of time and money and bring the parties to complete resolution without the acrimony and distress of litigation. Men are encouraged to seek resolution through mediation. A party should consider mediation first before bringing a divorce into the court room. This law firm has over 25 years of experience in mediating divorce cases, custody cases and large asset cases. If you have any questions about this do not hesitate to contact us immediately.

Help for Divorcing Women in San Diego

In 1988, former San Diego Mayor Maureen O’Connor’s office released a survey showing that San Diego women needed help in getting divorced and recovering financially. Since the report, there have been changes. Compared with previous generations, women today are financially less bound to marriage and less likely to avoid divorce because of money, according to Barbara Defoe Whitehead. Whitehead was the co-author of the National Marriage Project at New Jersey’s Rutgers University study, which was released in July 2005.

“The State of Our Unions 2005″ annual report showed that the U.S. marriage rate declined 50 percent between 1970 and 2004, which the report linked to an increase in heterosexual couples living together. The study also revealed that about a quarter of unmarried women ages 25 to 39 are currently living with a partner, while an additional quarter have lived with a partner at some time in the past.

In San Diego, according to the 2005 released American Community Survey 2003, the percentage of unmarried heterosexual partner households is slightly higher than the national average at 5.4 percent compared to the 4.5 percent nationally. Couples appear to be putting off marriage longer, and when the do marry, many are still living like singles by keeping separate bank accounts and spelling out marital agreements.

Some experts attribute the fact that six out of 10 divorce cases are initiated by women because the growing economic independence of women, but other experts say more than a quarter of all women who begin divorce actions have been the victims of domestic violence and abuse. The Rutgers University study also asserted wealth is one of the biggest predictors of a failed marriage, and San Diego financial planners say they see couples put off divorce because they are unable to afford two pieces of real estate in a pricey market.

Particularly, women in San Diego will continue to take abuse or put up with affairs because they are unable to live the same lifestyle, according to some financial experts. The majority of all divorce cases are settled out of court, where many important issues are often negotiated, and it is extremely important a San Diego divorce attorney understands all aspects of the spouse’s concerns.

Ginita Wall is a San Diego certified public accountant who teamed up with stockbroker Candace Bahr, to founding the nonprofit Women’s Institute for Financial Education. This came a year after then-Mayor O’Connor released the survey showing that San Diego women needed help in getting divorced and recovering financially. According to Wall, too many women fight for the home when they have children to avoid uprooting them, but later find they do not have the cash flow to pay for it. Instead, women going through a divorce need to determine which assets will help them pay their bills and reach their long-term goals, which an experienced and qualified San Diego divorce attorney will understand.

A reputable divorce attorney is able to expertly advise their clients on the bigger financial picture which, according to Wall, women often fail to see because their focus is so intent on winning custody of the children or keeping the house. Richard Peterson of the Social Science Research Council said that on average a woman’s standard of living decreases by 27 percent after divorce. The fact is almost half of all marriages will still end in divorce, despite the shifting statistics, and women must know they can get legal help in San Diego to protect them from suffering major financial and emotional losses.

San Diego Alimony and Spousal Support Law Firm

Alimony is referred to as “spousal support” in California, and is designed to provide the lower-income spouse with money for living expenses. Spousal support payments are not the same as child support, especially since spousal support payments are often decided upon by the judge’s discretion instead of based on calculations usually set forth by the state when determining child support payments.

When applicable, spousal support / alimony payments will be made after the filing of a dissolution to help support the other spouse. The spouse that receives alimony will pay federal and state income taxes on it, and the spouse making alimony payments will be entitled to a tax deduction.

There are various factors a judge considers when deciding whether or not alimony payments should be granted, which differ from state to state. In California, the judge will consider factors such as:

~ The standard of living during the marriage
~ The length of the marriage
~ The age, health, earning capacity and job histories of both individuals

Some divorcing couples will not need alimony and will not request that payments be made.

Because circumstances can change, however, one spouse may ask the judge to “reserve jurisdiction” to order alimony in the future should unexpected loss or discontinuation of income occur like illness or the loss of a job. In certain situations one of the spouses can go back to the court and ask the judge to change the amount of alimony. A judge can order a wage assignment that directs a spouse’s employer to pay spousal support directly to the other spouse should he/she feel it is necessary.

Fault based divorce in most jurisdictions ended in the 1970s and 80s, and these changes affected divorce proceedings and changed divorce litigation. In response, uncontested divorces made quicker, cheaper and less messy splits obtainable, but the concept was inconsistent with the conception of alimony. In addition to changes allowing no-fault grounds for divorce, the legal rules justifying assumption of a wife’s dependency also disappeared.

Many states have statutes authorizing courts to make alimony determinations after considering a list of factors, and a spouse can ask for alimony while a case is going on, called a “temporary spousal support order” or “temporary partner support order.” Many California counties will have a formula for calculating temporary alimony, but the judge will not use a formula to calculate how much alimony to order at the end of the divorce case.

Considering factors in California Family Code section 4320, the judge will reach a final decision. Alimony is a tricky legal issue because there are many determinations that can be difficult to understand since it is not based on predetermined calculations. A family law attorney can notify you of how much alimony may be ordered, how long it may last and how it might affect your taxes.

If you have questions regarding spousal support in California, contact us to learn more about how we can help you.

San Diego Divorce Attorney

The divorce rate continued to drop in 2004, sustaining the downward trend beginning around 1980. However, the marriage rate has also been dropping while the number of unwed mothers and the percentage of children living with a single parent increased to reach record highs. Despite the decrease in divorce rates, figures continue to indicate there is little improvement in marital health.

Upon getting married a young couple is often very idealistic, believing it will last forever. Unfortunately, nearly half of all couples who marry in the United States will split despite their vows of ’til death do us part’. Couples promise to abide by their vows because they are in love: but when a relationship fails and divorce becomes a reality, separation can become like that of a business deal.

Divorce often involves two main factors: the accumulation of assets the couple has since acquired and the loss of the initial idealism. Divorcing couples must be able to distribute those assets, and a San Diego divorce attorney will be able to handle the split professionally while representing the best interests of the client. A reputable San Diego divorce attorney is able to separate the emotional aspects of the divorce in a tactful way, while understanding the importance of handling both the business and financial interests that will have a lasting effect on the client’s well being following the conclusion of the marriage.

When handled correctly, a divorce does not have to be an emotionally traumatizing event. An experienced San Diego divorce attorney is able to help the client set realistic goals, provide all the necessary information that accompanies the divorce process, and allow the client to maintain some control over the sometimes overwhelming dissolution. There are often prolonged emotional and economic ties following a divorce, especially when there are children and alimony patients involved.

A San Diego divorce attorney can evaluate both the short-term changes that are necessary in the divorce process and assess long-term goals that can involve (among other things) issues of custody. The San Diego divorce attorney will also help the client secure future payments with life insurance or assets that may be lost should the paying spouse pass away before the obligation is completed. Clients should get security for payments due to them, and a San Diego divorce attorney recognizes the importance of dealing with all applicable transitions while using California divorce law guidelines.

Under California law, a divorce does not become final for six weeks following the filing. Presently, divorce has become more commonplace and the feelings about it have shifted from disgust to acceptable. Most experts agree that today divorce and multiple marriages are no longer considered taboo, but the process can still be difficult. A San Diego divorce attorney that has the necessary knowledge and expertise to represent the client properly will be able to help with all aspects of the divorce proceedings.

San Diego Divorce Counseling

In July 2005, the National Marriage Project at Rutgers University published “The State of Our Unions 2005,” an annual snapshot at marriage and divorce rates in the United Sates. According to the report, Americans are waiting longer to marry. In 2002, the median age for first marriage reached its highest point in American history at 25 years for women and 27 years for men. The report also indicated Americans have become less likely to marry, with the rate of marriage declining more than 40 percent between 1970 and 2002.

Despite the delays and couples avoiding marriage completely, the lifetime probability of divorce still remains close to 50 percent. Even with divorce rates being down from its record high in the early 1980s, the consistent answer that younger generations are giving for the wariness of marriage is the frequency of divorce. The National Marriage Project says 60 percent of young adults in their late 20s agree that one of their biggest concerns about getting married is that it will end in divorce, and 52 percent of young adults say they see such few good and happy marriages around them that they question the decision to marry.

Still, data from the National Marriage Institute shows 78 percent of young adults agree that a couple should not get married unless they are prepared to stay together for life. 86 percent of young adults agrees one reason for divorce is the focus on expectation for happiness without the hard work a successful marriage can require sustaining. According to divorce counseling experts, young people tend to be more idealistic and do not fully understand the time and energy that must be invested both before and during a marriage to make it work. Young Americans are waiting longer to marry, and their cynical view of marriage might lead to smarter choices and a greater willingness to stay and make it work when it finally occurs, but divorce is still a big reality.

Divorce has become more commonplace, and the feeling about divorce has shifted to acceptable because it has become the norm. Even though kids and couples no longer have to feel ashamed about a divorce it can still be difficult to cope with. Families should know that San Diego divorce counseling is available and can significantly help individuals who are struggling through the transition. It can be helpful for both spouses and children involved to talk about the split with a qualified professional.

Various San Diego divorce counseling options are available, depending on what the spouse or child feels the most comfortable with and what topics they are struggling with. Some counseling services have religious affiliations and will offer advice, support and other resources based on their beliefs. Some other counseling centers can be focused on general divorce counseling, family counseling, just women or just men, financial aspects, or any other conflict resolution, emotional difficulty, etc.

Although some splitting couples have close family and friends to lean on for support, a divorce counseling professional that specializes in separation and divorce can offer advice and focus on any difficulties throughout the transition period or however long the feelings are present. In some cases, the individual, alongside the divorce counseling professional, may want to think about finding a self-help group in addition to counseling, or as a way to find continued support in the future.

There are many San Diego divorce counseling options available that can help alleviate the stresses and emotional hardships that can accompany a divorce. The main challenge will be identifying a divorce counseling professional or center that will fulfill your needs. A good starting point will be determining what you are looking for in a San Diego divorce counseling center.

For more information on San Diego divorce counseling options, a few local centers are listed below. Individuals are encouraged to try various counseling methods until they feel comfortable. There are many resources in the San Diego area that can be learned through word of mouth, religious and educational centers, local information centers and through your San Diego divorce attorney.

I.
WHAT IS MEDIATION?

Mediation is a non-adversial process designed to help parties reach a resolution without formal litigation.

Mediation is a private and confidential process that is held in the privacy of the office of Alan V. Edmunds. The process is dignified and conducted to ensure the privacy of the parties. Mr. Edmunds has had the privilege of representing nationally prominent individuals, and has completed mediation in these cases, with complete confidentiality and privacy afforded to both parties.

Mediation is a very time efficient and economical method of problem resolution. Contested litigation is very expensive and filled with emotionalism and often acrimony. The mediation process saves the parties a great deal of emotional turmoil and is financially more reasonable in cost.

II.
HOW DOES THE PROCESS OCCUR?

The mediation process at the offices of Alan V. Edmunds is conducted in a separate area of the law firm. The sessions are prescheduled and each party is notified ten (10) days in advance of the date, time and place for the mediation sessions. Both parties attend the mediation sessions with or without an attorney. The procedures differ slightly, when parties bring separate counsel to the mediation process.

The discussions at mediation are designed to help people to define their differences and reach a resolution. It is important to know that the mediator is a neutral facilitator for resolution. The parties decide the results of mediation and the results are often much more beneficial than those obtained through litigation. Mr. Edmunds has 27 years of experience in this area and has saved couples thousands of dollars through successful mediation.

III.
WHAT ISSUES CAN BE MEDIATED?

The mediation process conducted by Attorney Edmunds is one that can result in complete and full resolution of all family law issues. Issues such as child custody, child support, visitation, spousal support and division of property are commonly resolved with Attorney Edmunds through mediation. Attorney Edmunds and his staff are professionals and have been working with couples for over 27 years to reach sensible and appropriate results of family law problems.

Attorney Edmunds and his staff have all of the software necessary for financial computations. In complex cases additional resources include a complete list of independent experts for business evaluation, custody evaluation and property appraisal. These resources are available to the parties when requested or desired.

Attorney Edmunds strives for resolution. Throughout the process he often reminds the parties that “we are not here to fix blame, but rather to fix a problem”.

If you are interested in saving time or money and also resolving issues in a dignified and respectful manner, please consider the mediation services of Alan V. Edmunds.