Have a law-related question? We have the answer. Check out these FAQs and give us a call today for more information!
Are you the right law firm for me?
Finding the right family law firm depends on many factors. The most important factor is the attorney/client relationship. A consultation is a great way to not just get insight into your case but also to gauge whether a particular attorney is a good fit. Other considerations are the firm's ability to keep you informed about the status of your case, to keep you abreast of the next steps and expectations, and to make sure you're as prepared as they are when appearing at hearings. At Fischer & Phinney LLP, we believe we are the right firm for many family law participants and cases as we are committed to representing each case with these aspects in mind. Choosing the best divorce attorney and firm is an important decision, and we look forward to discussing your case and that choice with you.
What is legal custody?
Legal custody is the right to make important decisions regarding a child's life such as where they go to school, their mental and physical health and care, and their religious instruction. Legal custody can be joint legal custody, wherein both parents have this decision-making authority, or sole legal custody, wherein one parent is awarded the authority. Unless there is good cause otherwise, legal custody is usually joint legal custody. With good cause, a court will deviate from the norm and award sole legal custody to one parent. This can occur for many reasons, including where there are co-parenting issues between the parents and they cannot co-parent effectively, where one parent is abusive or neglectful or has demonstrated poor decision-making, or where a parent is not actively involved in raising the child. According to Custody Change, 86% of cases with both parents represented reached a settlement, which courts and legal experts consider the ideal outcome for most families. If you have more questions about how legal custody works, contact us today to work with the best divorce attorney at Fischer & Phinney LLP.
What is physical custody?
Physical custody refers to where children live on a regular basis. Generally speaking, physical custody is either joint physical custody, wherein the child spends significant time with both parents, or sole physical custody wherein the child spends substantially greater time with one parent than the other. The starting public policy of the state recognizes that children have two biological parents and that it is in a child's best interests to have both parents significantly involved in their lives. Often there are reasons for a court to consider deviating from this preference, including substance abuse issues, physical abuse, neglect, or poor decision-making by a parent. Other terms are also used in the physical custody context depending on the custodial arrangement. For instance, where there is a marked disparity in the time each parent has the child, the parent with more time may be deemed as having primary custody and the custodial parent, with the other parent deemed the non-custodial parent having visitation time. Physical custody is often a very contentious and highly litigated area of the law. Seek the advice of an experienced attorney to understand your rights and responsibilities. We take pride in being the best divorce attorney in the greater San Diego County area.
Do I really need an attorney?
The short, legal, and simple answer is no. Parties in family law cases can represent themselves in their court case. The more complex consideration, however, is how many things can we do ourselves but choose not to for various reasons; for instance, most people can change their own oil, but very few do. Obviously, a family law proceeding is much more intricate addressing personal interests far more important, and can be a cumbersome, complex process with multifaceted facts and issues. A good family law attorney can ensure that your case is handled and presented properly, protecting your interests in some of the most important aspects of your case and, frankly, life. A good family law attorney can remove much of the confusion, reduce many of the stresses and anxieties that can be inherent in court proceedings, keep you informed, prepared, and confident each step of the way. When you're looking for the best divorce lawyer, count on Fischer & Phinney LLP. Contact us for a free consultation.
How long does it take to get a divorce?
There are few certainties in family law, but one is that the soonest that the marital status can be terminated is six months from the date the responding party is served papers by the filing party. This is set by California statute and is sometimes described as a “cooling off period” to give the parties time to be sure the process is not reactionary or otherwise unnecessary. This is not to say a divorce cannot be completed procedurally in less time; it can depend on the facts and complexity of the case. More typically however, our attorneys note that the process of a divorce can be in the range of about eight to eighteen months depending on many different factors including whether the case involves minors, the complexity of support issues, and the extent and characterization of assets and debts. This is why you should always choose the best divorce attorney when you're going through a divorce. They will be able to help the process go smoothly and as quickly as possible.
Can I file for divorce in California?
For a court of this state to have proper jurisdiction, California requires that one party has resided in the state for a minimum of six months immediately preceding filing a petition for divorce and in the county of filing for the immediate three months preceding the filing. If these requirements are not met, a legal separation case can be filed and that petition can later be converted to a divorce (this does add some complexity to the process). For a court of this state to have proper jurisdiction over minor children, the requirements must be met under the Uniform Child Custody Jurisdiction and Enforcement Act. Simply stated and under most circumstances, this means that California must be the child's home state, which is defined as the state where they have lived for six consecutive months immediately prior to the commencement of the proceedings. Child custody jurisdiction can be a very complex area of law where this requirement is not clearly met. If you're unsure if you meet the requirements for filing for divorce in California, get in touch with our team at Fischer & Phinney LLP. We will set you up with the best divorce lawyer. Our lawyers offer complimentary 30-minute family law consultations.
