Family Law Attorney Stockton
Divorce & Dissolution, Child Custody, Child and Spousal Support, Prenuptial Agreements
Splitting up is hard on everyone.
The process doesn’t have to be painful too.
Separating from one you’ve been committed to for however many number of years is sometimes scary and almost always extremely painful… especially when children are involved. It can be a confusing and frustrating time and the process can be emotionally draining… taking a toll on all parties.
Understanding these truths, Attorney Davalos will listen not only to your desired outcome, but also to your fears, concerns and frustrations. His goal is always to lessen the pain as much as possible during the process by clearly communicating, being honest and having high integrity. He will “go to bat” on your behalf and has successfully settled others’ cases with positive results for all involved.
Though some family law issues can be handled without the help of legal counsel, many family law matters like divorce, custody, child support, prenuptial agreements, adoption, etc. have better outcomes by having experienced and a seasoned family law attorney in Stockton by your side and on your team.
FAQ: WHAT TO KNOW BEFORE HIRING A FAMILY LAW ATTORNEY STOCKTON
Are the kids allowed to decide who they want to live with during a divorce?
Unfortunately, children do not have the final say in where they get to live HOWEVER, they can be heard if they are of sufficient age and have a capacity to reason, but the court will control the examination of a child witness to protect the best interest of the child. Judges look at all the facts of the case, hear the attorneys’ and divorcing parents’ statements and make a judgment based on facts and your family’s particular circumstances.
In the state of California, courts believe and the system will allow a minor child of a certain age to express themselves in court to explain why they prefer living with one parent over another. Adult children 18 years and older are able to choose for the most part. If you have a specific question or unusual circumstance you would like to discuss, please give me or another family law attorney Stockton a call. We all want what is in the best interest of all parties involved… especially the kids.
Should I get a pre-nup?
Though marriage for many is a commitment to one another in the eyes of God or other religion or faith-based definition, it is technically a legal and binding contract between two people. We don’t want to take the love out of marriage, but if the two parties involved can approach the signing of this contract as both a legal agreement AND a commit that is faith-based, you will see that getting a prenup shouldn’t be an indicator that you think it won’t work out.
As with any legal agreement, both parties should enter into it with full agreement on all aspects… including what were to happen if the contract is breached or ended. That being said, in the state of California, once legally bound to one another, all property including pets, your baseball card collection, your collectible Barbie dolls and the furniture can become community property. Only a prenuptial agreement will let you 100% keep what you brought into the marriage/contract. For more questions please give us or another family law attorney Stockton a call.
I have back due child support and my ex will not let me see them per the custody agreement, what can I do?
First of all, why are you behind on child support? Does the arrangement need to be modified due to different circumstances in employment or other financial hardship or changes? Then, it is important to remember that marital status, child support and child custody are viewed as separate issues in family law in the state of California. Therefore, you being able to see your child is NOT contingent upon the status of your child support payments.
Your ex-partner is in violation of that agreement by not letting you see your child per the agreed upon visitation or custody arrangement. You may want to contact the attorney you hired to handle the initial divorce, custody and support agreements. If that is not an option for some reason, let’s take a look at the agreements (both support and custody) and see what we can do. If you would like to discuss this matter further please give us or another family law attorney Stockton a call.