Beverly Hills Attorneys

Helping Clients Understand How Family Court Works and What to Expect

When a couple separates or a parent needs to establish legal rights to their child, it often leads to the family court system. Whether it involves a divorce petition or a custody dispute, the legal system can quickly feel like it’s taking over your life. Having experienced legal representation can ease some of this burden and ensure you have an advocate every step of the way.

At the law firm of Baron Family Law, PC, we help clients in Sacramento and the surrounding area understand their rights and navigate these sensitive topics. Find out how we can help and what your next steps should be when you call our office at 916-694-1164.

What Are the Most Common Family Law Issues?

Family law is a broad category that includes everything from divorces and child custody to adoptions and guardianships. The California family court system handles any case involving family dynamics or the creation, modification, and termination of court orders involving spouses, parents, or children. Most people who find themselves within the family court system deal with one or more of the following issues.

Divorce and Property Division

When a marriage doesn’t work out and the parties are ready to go their separate ways, a divorce can ensure that both get what they’re entitled to according to California law and are free to remarry. California is one of nine states in the country that are community property states. In simple terms, this means that assets or debts acquired during the marriage are assumed to be equally owned by both spouses, regardless of whose name they are in. In general, each spouse is entitled to half of the community property.

While this sounds simple enough, it can be more complex in practice, and many people get less than what they are entitled to because they don’t understand how the community property guidelines are applied. Other common issues that can come up in divorce and property division are spousal support, dividing complex assets such as retirement accounts, and the possibility of hidden assets.

Child Custody

Arguably, the most emotional type of case the family court system deals with, child custody issues are complicated and are often hard-fought on both sides. Both legal and physical custody — more commonly known as parenting time now — must be determined. California law presumes joint custody is in the child’s best interests unless proven otherwise. This means that joint legal custody and shared parenting are generally the most common situations in California. It is possible to get full custody, but this is usually reserved for extreme conditions, such as confirmed abuse or an absentee parent.

Child custody issues can be especially challenging to resolve, and if the parents aren’t married, establishing paternity can add another level of complexity. An attorney can help you understand your rights and determine a parenting plan and schedule that works for your children.

Child Support

The state of California recognizes that children should benefit from the financial support of both parents, even if those parents are no longer living together or in a relationship. While many factors are considered in child support, two of the most important are the parents’ incomes and how much parenting time each parent has with the child. In general, the bigger the disparity in income or parenting time between the two parties, the larger the child support award.

In some situations, it may be appropriate for the courts to deviate from the basic child support guidelines, such as if one parent has an extraordinarily high income or the child has special needs that require more expenses. An attorney’s job is to walk you through all of these scenarios and ensure your child support determination accurately reflects California law and your unique situation.

Grandparents’ Rights

When a marriage ends, it affects everyone in the family, which can extend to grandparents. The parents are now sharing time with the children, which means that the grandparents may have even fewer opportunities to be a part of their grandchildren’s lives. While grandparents don’t have any automatic rights in California, the law does create a pathway for grandparents to get court-ordered visitation in some situations. This is generally reserved for when one parent has died or is incarcerated, and you usually need to show that you had a pre-existing relationship with the child and that continued contact would be in their best interests.

How Does the Family Court Process Work?

Any time a case comes before the family court system, the first step is the filing of the initial petition. This happens when someone files for divorce, to establish paternity, or to modify an existing order. After the petition has been filed, the other party is served and has a specific amount of time to respond to the petition. For example, one parent files for sole custody, and the other parent responds that they want joint custody. If there is an objection to the petition, such as in this example, a hearing will be scheduled.

Many family court cases require temporary orders to be enacted before the initial hearing. For example, a temporary custody order can ensure it’s clear who can make decisions regarding the children, and a temporary restraining order against any significant financial changes can protect the marital assets until the property can be divided.

In some situations, the courts may require the parties to at least attempt mediation to determine if an agreement can be reached without a judge needing to make the final decision. If that’s unsuccessful, the hearings will proceed, and the judge will issue a final order once everything is resolved.

What Are the Biggest Challenges People Face in the Family Court System?

Family court involves decisions that can affect every part of your life, from your day-to-day parenting schedule to your financial stability. These cases are highly personal, and it’s easy for emotions to take over and affect your judgment. This can also make it harder to approach the issues collaboratively and with an open mind. 

An experienced attorney brings a more objective perspective and can help you look at the big picture and ensure that you’re focusing on what matters the most to you. Getting advice and counsel from an attorney who has successfully helped other families navigate this process can also give you peace of mind and reassure you that your family, too, will make it through to the other side.

Do You Really Need an Attorney?

The answer to this question is a resounding yes. In fact, it can be the most critical decision you make and have a dramatic effect on the outcome of your case. When a judge who knows nothing about you or your family is making decisions about your family, you need a dedicated family law attorney. 

At Baron Family Law, PC, our team includes a Certified Family Law Specialist who also has a doctorate in psychology, which gives us a unique advantage over other attorneys. Our firm also has a strong track record of success helping clients get what they’re entitled to in divorce and preserve their relationships with their children. We treat every case as if it were our own and strive to do everything in our power to get a positive outcome.

Whether you’re filing for divorce or are in the middle of a custody battle, the team at Baron Family Law, PC, can help. Call 916-694-1164 to speak to a member of our team and find out more about what makes us different.