Stockton FAmily Law Attorneys

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 seasoned Stockton family law attorneys by your side and on your team.

 

Frequently Asked Questions

I have back due child support and my child’s other parent (we are divorced) will not let me see him 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 you and I take a look at the agreements (both support and custody) and see what we can do.

My wife wants a divorce. We have two beautiful teenage children. Are our kids allowed to decide who they want to live with?

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 a call. We all want what is in the best interest of all parties involved… especially the kids.

I’m not wealthy, but the things I do have I would want to keep if ever, God forbid, my fiancé and I broke up after being married… should I get a pre-nup? Doesn’t that seem like I don’t think it’s going to work out?

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.

My current husband is the only father my 2 children (ages 7 and 10) know. Their biological father is not in the picture AND they don’t even know him nor do they know that their “dad” is not their bio dad. Can my husband adopt them?

The answer here is yes, but depending on the circumstances of your case the other parent and biological father may be able to prevent and or oppose any adoption action. It is best to review all of the facts with an attorney to determine what the best course of action is and how to best present your petition to a Court to avoid unnecessary emotional turmoil, delay and increased attorney fees. A well thought-out approach and strategy before you file is always best. Consulting Attorney Davalos is recommended before you even broach the subject with the biological parent.