Atherton Family Lawyer

Experienced Atherton Family Attorney

Dealing with legal issues pertaining to your family can be an emotional experience. These types of cases tend to be more impassioned than others because they involve people’s closest relationships, and these relationships may drastically change during the legal process. Fortunately, an experienced Atherton family lawyer can assert your rights and advocate for a favorable outcome.

Why Choose Us?

At the Law Offices of Rod Firoozye, we understand how emotionally charged a family law matter can be. We handle our cases with the care and sensitivity they deserve while also fighting aggressively for our clients’ rights. We know that each case is unique, so we pay close attention to each client’s specific needs to seek their ideal outcome. With over 37 years of experience, you can count on us to manage your family law needs.

What Is Family Law?

Family law refers to legal matters, concerns, and conflicts that pertain to familial relationships. It primarily involves spouses, children, and partners. In family law, family members have legally recognized rights and responsibilities in a variety of situations. When making family decisions, the courts focus on the best interests of any children involved as well as those of the adults.

In California, family law assistance continues to be a need in the community. While the number of divorces has decreased in recent years, couples throughout the state are still frequently getting divorced.

In California, 7.1% of men and 10.1% of women have been divorced. In addition to this, 48% of households have married couples in them, leaving a significant portion of the remainder in single-parent households. This means that issues of child support, child custody, and/or divorce are likely to be relevant to these households.

Divorce

One of the main family law issues that requires legal assistance is divorce. Divorce (referred to as dissolution of marriage) is the legal process to end a marriage. Individuals may also request a legal separation, wherein they remain married in the eyes of the law but live separately. An attorney can help you file the required paperwork for divorce or separation and assist you through the process.

Property Division

Property division is one of the most contentious aspects of modern divorces. California divides all property into community and separate property. Under this system, any assets and debts acquired during the marriage are considered community property and are, thus, subject to division. Separate property includes assets acquired before the marriage, inheritances, and gifts made to one spouse exclusively, and they are not divisible upon divorce.

The commingling of separate assets with marital assets can create complex situations. If you used separate funds to pay a community property mortgage, for example, it could alter how those funds are viewed and how the property is divided. Your family lawyer can work with a forensic accountant to trace these funds so that property division can proceed fairly.

Child Support and Child Custody

Considerations for children tend to be the most emotional issues in family law. A child’s relationship with their parents is arguably the most important one they could have, especially during their early childhood. Courts may look at a variety of factors to determine custody, such as each parent’s ability to care for the child, along with any history of abuse or neglect.

If both parents are deemed fit, they may be awarded joint custody depending on the circumstances. In other cases, one parent may be awarded physical custody while the other is granted visitation.

When parentage is legally established, both parents have an obligation to financially provide for the child. California has a state-mandated formula for determining child support. It considers:

• Both parents’ financial standing
• Who the child spends most of their time with
• Any costs associated with the child, including schooling and medical care

Spousal Support

California courts can issue spousal support orders during divorces. Spousal support is divided into two categories:

• Temporary support. Temporary spousal support is designed to provide alimony to spouses during divorce proceedings. It’s usually determined using the Santa Clara Guideline, which sets support at 40% of the paying spouse’s monthly net income minus 50% of the receiving spouse’s monthly net income.
• Permanent support. California Family Code Section 4320 outlines the factors that a judge must consider when deciding on long-term spousal support. They include each spouse’s earning capacity and financial status, contributions to the marriage, background, and health. If there is a documented history of domestic violence, that can also impact alimony payments.

The purpose of permanent alimony is to help the supported spouse become self-supporting within a reasonable timeframe. For short-term marriages, it’s usually issued for half the length of the marriage. However, there are some cases in which spousal support is mandated for longer terms, or even indefinitely.

Domestic Violence

Domestic violence refers to abuse inflicted on one person by another with whom they are in an intimate relationship. It can occur between:

• Spouses
• Partners
• Ex-spouses
• Ex-partners
• Roommates
• Family members
• Individuals who share a child

An attorney can help victims of domestic violence obtain protective orders, and they can recommend resources for safety.

Additionally, if a person has been falsely accused of domestic violence, a family lawyer can help defend them. Being accused of domestic violence and having a protective order against you can negatively impact your time with your children, your employment, and your reputation.

Establishing and Modifying Plans

An attorney can help you develop a parenting plan if children are involved. Parenting plans often include agreements on how the child will spend special times, such as holidays and school breaks.

Changes often happen, such as a parent getting a new job or moving out of state. An attorney can represent you in modifying an existing parenting or custody plan. That way, it accommodates the changes but still prioritizes the child’s best interests.

Filing Petitions

If you need to file a petition for a family law issue, an attorney can ensure that you complete the correct paperwork and do it in a timely fashion. This can avoid costly and time-consuming mistakes. The primary location for family law cases in Atherton residents, including divorce, child custody, and support, is the Hall of Justice at 400 County Center in Redwood City.

Mediation vs. Courtroom Trials

Many family law matters can be resolved via mediation. In some cases, it’s even mandatory. In one recent study, a total of 80% of the people who attended mediation sessions regarding child custody were referred to the process by court hearings. Full or partial agreements were reached in a large number of the cases studied.

Mediation can allow families to resolve their conflicts in less time and retain greater control over the process. Instead of relying on a judge who does not know your family to decide on essential matters, like child custody and support, alimony, and property division, you and your divorcing spouse or co-parent can work with a mediator to come to mutually beneficial agreements.

Mediation isn’t always the right solution. Sometimes, there is a history of domestic violence in a relationship. Perhaps your spouse or co-parent is unwilling to negotiate fairly, being unwilling to seek a resolution that benefits both of you. In these situations, you may have little choice but to go to trial. It’s a good idea to work with an attorney who has courtroom experience, even if you plan on attending mediation first.

Why Hire a Family Lawyer?

If you want to find a positive outcome in your case, the most effective way to do so is to hire a family lawyer. It doesn’t matter whether you’re seeking custody of your child, modifying a custody agreement, or dealing with a complex divorce. Your attorney can offer objective advice, guidance, and representation throughout the process.

Family law matters can be heated. An Atherton family attorney can keep a clear head and guide you toward decisions based on what is in your interests and those of your children instead of emotions. Having a lawyer on your side can help you reduce stress and come to fair agreements.

Family law attorneys can navigate complex processes, like divorce, and offer access to professionals, such as forensic accountants, business valuators, and others. Your lawyer may also explore alternative dispute resolution processes, such as mediation, and provide you with courtroom representation if a trial is necessary.

Tips for Choosing the Right Family Lawyer

There are many family lawyers in the Atherton area. Choosing the right one can be a challenge, but it can also significantly impact the outcome of your case, so it’s worth taking the time to investigate your options. Here’s what you should look for:

• Specialization. Look for a firm that focuses exclusively on family law matters and has a lead attorney who is a Certified Family Law Specialist. The State Bar of California only awards this title to lawyers who demonstrate extensive trial or case experience. This rare credential is a strong indicator of knowledge, skill, and experience.
• Understanding of local courts. Family law cases in Atherton, CA, are handled by the San Mateo Superior Court – Family Law Division at the Hall of Justice in Redwood City. Look for an attorney who has experience with the local court. A lawyer who is familiar with the specific rules, filing procedures, and judges in your jurisdiction may be better equipped to handle your case.
• Clear fee structures. Find out how much the attorney charges and how the firm’s fee structures work before hiring them. Choose a law office that is upfront about costs during the initial consultation to avoid hidden fees. Keep in mind that more experienced lawyers sometimes charge a higher hourly rate than those who are new to the practice of family law. However, they can often more quickly and effectively pursue your desired outcomes.
• Positive feedback. Read through some client testimonials or reviews to see what to expect from a specific attorney or law office. Don’t make the decision based on a single good or bad review, though. Look for trends.
• Communication style. It can be hard to decide on an attorney until after an initial consultation with them. This meeting can give you the chance to ask any questions you have and get a feel for the attorney’s communication style. You should feel comfortable working with the lawyer and their team, as you may need to communicate extensively with them.

If you want to work with a skilled attorney who has extensive experience in local family law courts, you can trust the Law Offices of Rod Firoozye.

FAQs

Which Parent Must Pay for the Attorneys in California Child Custody Cases?

In California, each party must typically pay for their own attorney fees in child custody cases. However, if there is a large income gap or if one parent is acting dishonestly, the judge may order the other parent to pay a portion of the other’s fees. The goal is to make sure both sides can fairly present their cases in court.

Do You Need a Lawyer for Family Court in California?

You are not legally required to have a lawyer for family court in California, but having one can be extremely beneficial for you and the outcome of your case. An attorney knows the law and has experience with the legal process. They can advocate for your rights using tactics that you may not be aware of. They can also efficiently file the required paperwork for you, preventing any mistakes in the process.

Who Gets Custody in Most Child Custody Cases?

Both parents get custody in most child custody cases. In California, the best interests of the child are taken into consideration when determining custody. The goal of the courts is to encourage continued, deep connections with both parents. Unless one parent is unwilling or unfit, shared custody is typical. How each parent participates, their living circumstances, and their capacity to provide for their child’s needs all affect the result.

What Do Judges Look for in Child Custody Cases in California?

In child custody cases in California, judges look for what is in the best interests of the child, taking into account factors like each parent’s capacity to provide a secure environment, their emotional ties to the child, and their history of providing care. They also consider any indications of neglect, abuse, or drug misuse. When it is safe and appropriate, courts prefer arrangements that provide regular and ongoing contact with both parents.

Contact the Law Offices of Rod Firoozye Today

If you have a family law matter, the Law Offices of Rod Firoozye can help you. We have extensive experience in handling complex cases and interpreting local family laws. We have been handling family law issues exclusively since 2004, and Rod Firoozye is a Certified Family Law Specialist. Contact us today to set up a consultation about your family law case.

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