Family Law Attorney California
Stereotypes about men can potentially affect aspects of divorce proceedings, including child support and property division.
The lawyers at The Dadvocates work with men all over California, helping them receive fair consideration in all family law matters.
Our family law attorneys can work with men going through a divorce no matter where they are in the state of California.
Why You Need a Family Law Attorney
Knowledge of California Family Law Statutes
Divorce laws are complicated. If you don't have a background in law, navigating the California Family Code can be frustrating. A divorce attorney understands the state's statutes and can help you avoid costly mistakes and meet filing deadlines.Protect Your Rights as a Father
Fathers can face an uphill battle when it comes to custody and visitation rights. An attorney can help emphasize your importance in your child's life and help advocate for your right to see your child and maintain a nurturing relationship.Ensure Your Financial Stability
California is a community property state, which means that all earnings during a marriage are divided equally between spouses. An attorney can help you retain the assets that matter most to you, helping you remain financially independent.Modify Your Support Obligations
Job loss, a medical emergency, or other changes in circumstances could affect your ability to make child support or alimony payments. An attorney can help you seek modification of your child or spousal support obligations to help ensure fairness.Legal Help for Men All Over the Golden State
Our Family Law Services
Contact The Dadvocates Today Speak with a Family Law Attorney
Whether you live in Silicon Valley, Southern California, or Sacramento County, The Dadvocates are here to offer legal guidance. Our lawyers provide invaluable insight to men fighting for child custody and fair visitation schedules. We can also help men address allegations of domestic violence and abuse that can affect divorce proceedings.
Our family law attorneys will help you retain your assets and maintain your relationship with your child.
To speak with skilled attorneys about your family law issue, contact our law firm online. You can also request a consultation by giving us a call.
Call Our Attorneys
(818) 824-5800
Divorce Attorneys Who Fight for Men
Ruben Figueroa
Woodland Hills, CA
2023
I couldn’t have picked a better law firm. I did months of research before finally choosing The Dadvocates and I’m so glad I did. The overall experience was great. The staff is very professional and attentive to my needs or questions and concerns. This is exactly what you want when you’re going through a custody case. I got exactly what I wanted for myself and my daughter. I’m forever thankful.
View on GoogleDAVE G.
Woodland Hills, CA
2023
After having numerous issues with my previous counsel I hired TheDavocates lawfirm. Joel and Adrine kept me advised of the progress, always returned my calls and emails. My final settlement was far and away greater than what I had expected. I will refer the firm to friends and family if they are needed. Thank you!
View on GoogleSame-Sex Divorces
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If you had a same-sex marriage in California and now reside in a state that will not dissolve your marriage, you can file for a divorce in California regardless of residency requirements. However, the divorce must be filed in the same California county in which you were married.
Military Divorce
If you or your spouse are members of the armed forces, your divorce will involve additional complexities that differ from those of non-service members. In addition to serving divorce papers to an active-duty spouse deployed overseas, couples may encounter challenges when it comes to dividing military compensation and benefits and determining custody of children.
The Dadvocates are well aware of these unique considerations for military service members and their spouses. Our attorneys can walk you through your divorce case so you can avoid mistakes and headaches.
Division of Property
Community Property
While most states provide an equitable distribution of property during a divorce, California is a community property state. That means that all earnings and assets acquired during a marriage belong to both spouses. In a divorce, each spouse gets an equal amount of the marital property, regardless of their financial contribution during the marriage.
Separate Property
Property owned by one spouse before marriage or after a divorce is filed is considered separate property. However, separate property can commingle and become a marital asset. For example, one spouse may have a bank account before marriage, but it becomes marital property if a spouse can withdraw from and make deposits into that account.
Retirement Accounts
Retirement accounts can be contentious. Contributions before marriage are considered separate property, while contributions made during a marriage are marital property. Whether it's a 401(k) or IRA, the marital assets can be divided by providing a spouse with a percentage of each pension check or a cash-out of the community share of the account.
Dividing Debts
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Any debts accrued during a marriage similarly belong to both spouses. When dividing marital assets, debts can be used to help ensure the total value of divided assets is equal between the spouses. We can help with debt division.
Protect Your Assets in a Divorce The Dadvocates Are Here to Help
If you need assistance in keeping your assets during a divorce, our family law attorneys can help. Our lawyers can aid you in retaining complex and high-value assets, ensuring your financial independence after your marriage ends. To get legal advice about keeping your separate property, contact our divorce lawyers online. You can also reach The Dadvocates by phone.
Call Our Lawyers
(818) 824-5800
"If you want what is best for your child, or have an ex who is trying to take advantage of you, trust that you will be in great hands with the Dadvocates. During trial they were very well organized and they did all they could to fight for what was fair. They are very professional and courteous. Divorce/custody was the most stressful event in my life, the firm did all they could to take the weight off my shoulders and put my mind at ease. Truly thank you all for all your efforts in this case!" Ron Morales
Child Custody Laws
Whenever possible, the state of California encourages couples with children to share joint legal custody and physical custody. In some cases, a parent may be granted sole custody of their child if they can provide a safer and more nurturing environment.
Legal Custody
Legal custody refers to the ability to make major decisions about your child's upbringing. This includes a child's education, religious upbringing, and medical health decisions. Sole legal custody may be granted if the other parent is incapable of making responsible decisions about their child's welfare.
Physical Custody
Physical custody refers to where a child will live. If a child lives primarily with one parent, that parent is known as the custodial parent; the other parent is the noncustodial parent. A parent may be granted sole physical custody if the other parent cannot provide a safe environment for the child.
Supporting Fathers All Over California
Child Visitation Laws
How Visitation Works
If a parent has sole physical custody of a child, the noncustodial parent may be granted visitation rights. A visitation schedule can be created that allows a child and their noncustodial parent to maintain a relationship. If the noncustodial parent has a history of violent or harmful behavior, no visitation may be granted. Courts can also award supervised parenting time. This means that an observer must be present when the noncustodial parent is with their child.
Modifying Visitation Orders
Circumstances may change in a parent's life that requires modification to existing visitation orders. For instance, a visitation schedule may need to be changed to accommodate a parent's work schedule. In addition, a parent may try to seek parenting time without a court-assigned visitation supervisor present. Parents can come to an agreement together about changes to existing visitation and custody orders, or they can go to court to have their case reviewed.
Your Child's
Best Interests
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Whenever decisions are made regarding custody or visitation, courts always consider the best interests of a child. This phrase means that judges take a child's health and safety into account before making any ruling. Courts will note if a parent has a history of physical abuse, chemical dependency, or other behaviors that put a child's welfare in jeopardy.
Child Relocation
If you or your former spouse decide to move to a different part of California or out of state, you will likely need to modify your existing child custody and child visitation arrangements. Some former couples work this out together amicably. However, it's not uncommon for disputes to arise over relocation and the impact that has on time spent with the kids.
An attorney can help with mediation out of court when modification disputes arise. Should these negotiations break down, a lawyer can help represent your case before the court, always emphasizing the best interests of your child.
"The Dadvocates are amazing! They worked very diligently throughout my extreme divorce process giving it the utmost attention. I ended up with primary custody of my three children. I cannot thank The Dadvocates enough for representing me and supporting me though a very difficult time. The Dadvocates are professional, hard working and very passionate about their work." Nick Haneca
Child Support
Child support is an amount that a noncustodial parent pays a custodial parent to help cover the cost of raising a child. Child support payments are used to cover food, housing, medical care, education, clothing, and other essentials in a child's upbringing. While men are often portrayed as the parent responsible for paying child support, many fathers receive child support from their former spouses.
Child support payments are calculated based on the number of children to support, a noncustodial parent's income, the income of the custodial parent, and other factors. Our lawyers can crunch numbers with you and help you understand how much you will owe or receive.
Delinquent child support payments can place a financial hardship on the custodial parent and affect the welfare of a child. Whether you are the custodial parent seeking child support or have been delinquent in paying child support, The Dadvocates can provide legal assistance.
Child support amounts can be altered if a parent has lost a job, had a medical emergency, experienced a change in finances, become incarcerated, or if custodial custody has been switched. Either parent can seek a modification in child support payment amounts.
Spousal Support
Spousal support (also known as alimony) is paid by the higher-earning spouse to the lower-earning spouse after a divorce is finalized.
Rehabilitative support payments are intended to ease the financial transition for the lower-earning spouse at the end of the marriage. Temporary spousal support may also be granted to cover the lower-earning spouse's expenses during proceedings until the divorce is finalized. In rare cases, a court may grant permanent spousal support for marriages that lasted 10 years or longer.
Like child support, alimony payments can be modified following a change in circumstances. In some cases, a former spouse can end their support obligation. The attorneys at The Dadvocates can help you seek a new court order to address changes in your situation.
Domestic Violence and Divorce Cases
California law prevents a convicted perpetrator of domestic violence from collecting spousal support. In addition, domestic violence can also affect how attorney fees are paid for during the divorce case, how much the survivor of domestic violence can collect from their former spouse's retirement accounts, and a parent's child custody and visitation rights.
Whether you've been accused of domestic violence or are a man who's experienced domestic violence during your marriage, The Dadvocates are here to help you with your family law case.
Dispel Claims of Domestic Violence
Divorce, child custody, and other family law concerns often become contentious, causing some exes to make false allegations of child abuse or domestic violence. These claims can result in restricted access to your children, strained relationships with family members, a bad reputation, and more.
Our attorneys can support you through these vindictive claims and help prove your innocence. We want the court to know that your children will be safe with you and that your ex-spouse is lying or making certain situations appear worse than they were. Our lawyers will thoroughly examine every claim your ex has made and bring these false accusations to an end.
Protect Yourself and Your Children From an Abusive Ex
Domestic abuse situations in which the man is the one who is being abused can leave men feeling confused about who they can talk to and what they can do. If your ex is abusive toward you or your children, our lawyers can help you protect yourself with a protection order.
Understanding Protection Orders
Protection orders are sometimes put into place to prevent someone from harassing or harming their victim. They can protect you and your children from an abuser, but they are often misused to keep a father away from his children and ex.
Filing Protection Orders
If your ex is abusive and you need to protect your children and yourself from them, our lawyers can help you file civil harassment restraining order papers with your county's courthouse. A judge will review your request and give you a court date. They may grant you a temporary restraining order until your court date. You must attend your court date if you want a long-term restraining order.
Dismissing Protection Orders
If your ex has filed a protection order against you under the false claim of domestic violence or child abuse, you may not be able to see or even get near your children. Don't violate this protection order, as doing so can lead to more serious consequences like fines and jail time. Instead, contact our attorneys so we can help you file a motion to dismiss or modify the protection order.
Protect Your Parental Rights Contact the Dadvocates
Your child deserves to have a loving father in their life. Whether you're based in Silicon Valley, Southern California, or Northern California, you can count on The Dadvocates for strong representation. Our lawyers can even help address domestic violence or abuse allegations that jeopardize access to your child. To speak with our family law attorneys about your situation, contact us online. You can also reach our lawyers by phone.
Call Our Law Firm
(818) 824-5800
FAQ
What are the penalties for not paying child support?
Not paying child support can result in mandatory wage withholding, license suspension, passport denial, fines, jail time, and more. If your payments are unfair, our California lawyers can help you reduce the payments.
Can my child choose to live with me instead of my ex?
According to California Assembly Bill 1050, a child who is 14 years of age or older can address the court regarding their custody and visitation preferences. Their preferences may be taken into consideration unless it is not in the child's best interests.
Do grandfathers have child visitation or custody rights?
In the state of California, a judge can grant visitation time with a grandfather in limited cases. Visitation can be granted if the child already has an existing bond with their grandfather and it's in the child's best interests to see their grandfather.
"I couldn’t have picked a better law firm. I did months of research before finally choosing The Dadvocates and I’m so glad I did. The overall experience was great. The staff is very professional and attentive to my needs or questions and concerns. This is exactly what you want when you’re going through a custody case. I got exactly what I wanted for myself and my daughter. I’m forever thankful to them." Ruben Figueroa
