When parents in California choose to separate or divorce, it’s imperative for their children to continue to receive the emotional and financial support they need. The courts in California always make a child’s best interests the top priority, and winning custody of your child isn’t always easy.

The courts presume that after a divorce, joint custody is usually best for a child, but judges do not hesitate to award one parent sole custody when the judge believes that is what’s best for the child. We handle child custody disputes, disputes over child support, visitation and decision-making rights, the modification of custody-related court orders, and enforcement.

The state of California established child support laws to ensure that both parents financially contribute to their child’s life. Many child support cases are dealt with during divorce proceedings, but parents do not have to be divorcing in order to discuss this issue.

Non-custodial parents are responsible for making child support payments to the custodial-parent, but the amount of these payments will vary on a case-by-case basis. The court will look at many factors when determining how much child support should be paid, including each parent’s income and the child custody arrangement. Let an attorney represent you during a child support hearing to ensure the final plan is in the best interests of your child.

Many people make the mistake of thinking that getting divorced is easy, but it can actually be quite challenging. Some couples are able to peacefully reach resolutions in disputes involving child custody, child support, property division, and spousal support, but many others are not.

A family law attorney can offer assistance to divorcing clients and help them reach fair resolutions with their soon-to-be ex-spouse in a civil manner. We always aim to settle these issues outside of the courtroom because doing so is more cost efficient and less stressful for clients. But, we have the legal resources and skills to take the matter to court if it’s in your best interests to do so.

Domestic violence occurs far too often in the state of California and throughout the United States. Victims of domestic violence often feel isolated and alone, so they don’t seek the help that they need to escape from their abuser. But, help from the attorneys at Fischer & Van Thiel, LLP is always available for domestic violence victims.

Our team will quickly get to work to obtain domestic violence restraining orders on your behalf. We can also assist clients that are in the painful situation of having to divorce the person who is causing them harm. Through it all, our main focus will be on making sure your family is safe.

Many cases are resolved in the court system in California, including those that involve juveniles. A family may need to go to juvenile court for juvenile dependency matters, which arise when authorities have a reason to believe a minor is being neglected or abused within his home. Juvenile dependency cases are among the most emotionally challenging of all family law cases, so it helps to have a knowledgeable attorney on your side.

Everyone makes mistakes—especially kids. If a child is accused of committing a crime, the case will end up in the juvenile court system. Navigating this system can be intimidating for both parents and adults, but our attorneys can help, not just with delinquency cases, but with any case involving a minor.

A prenuptial agreement signed by the marital partner prior to a wedding ceremony – or a postnuptial agreement signed later – resolves in advance many of the disputes that may arise in a divorce proceeding. A “prenup” allows both marriage partners to protect their personal property, be protected from the other’s debts, and even set an amount for alimony payments in the event of divorce.

Let an experienced Oceanside family law attorney help you and your partner create a fair and impartial prenuptial agreement that both partners can understand and agree to. We can also review existing agreements to confirm their fairness, legality, and enforceability.

When one spouse in a divorce proceeding has only worked part-time or has stayed home to raise children and/or support the other spouse’s career, that spouse has the right to seek spousal support payments – alimony – from the full-time income-earning spouse.

The alimony amount ordered by a California judge hinges on each partner’s income, assets, and individual circumstances. “Temporary” spousal support is paid for a specified amount of time; “permanent” spousal support payments can also be halted, but only after a court’s spousal support order has been modified. If you need spousal support – or if you’re paying too much – let us help.