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Palo Alto Family Lawyer

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Palo Alto Family Attorney

Family law issues can be the most emotionally heavy of legal concerns. These decisions can have a drastic effect on your future and your loved ones, especially your children. When issues arise that require legal intervention, having a skilled Palo Alto family lawyer on your side can make all the difference. A lawyer can help you through these transitions and protect what matters most to you.

Securing a Better
Future for Your Family

Why Choose Us?

At the Law Offices of Rod Firoozye, we know that family law issues can be overwhelming. We work hard to treat you as more than just another case number; we build a relationship that will provide you with long-lasting solutions. With over 37 years of legal experience in California, we can provide you with insight into litigation, negotiation, and mediation.

Every family is unique, and every client needs a tailor-made approach specific to their individual needs and desires. We believe in offering you a customized plan that meets your needs. We treat every case with the care and seriousness it deserves to help our clients achieve favorable outcomes.

Family Law in Palo Alto, CA

Family law is a particular sector of law that focuses on matters of the family, including marriage, divorce, child support, child custody, and domestic violence. Family law establishes the rights and responsibilities of family members in specific situations who are connected by blood, marriage, or partnership. Family law is designed to take the best interests of the children and the adults into consideration when decisions are made.

Since family law proceedings frequently deal with extremely sensitive and personal issues, this branch of the law places a strong emphasis on justice, the children’s best interests, and the fair settlement of conflicts. In addition to advocating on behalf of their clients, many lawyers also act as mentors throughout what can be some of the most trying times in their clients’ lives.

In the state of California, the following statistics have been found regarding family matters:

  • 48% of households have married couples in them.
  • 7% of males have been divorced.
  • 10.5% of females have been divorced.
  • Children (under the age of 18) account for 21.7% of households.

Divorce and Separation

Ending a marriage is rarely easy, but with an experienced divorce lawyer, the intensity can be alleviated. Divorce petitions are a request for the marriage to end, while separation allows the couple to remain married but live separately. Some people choose separation rather than divorce for financial or religious reasons.

Lawyers can help you navigate this process and choose the most advantageous course of action for your situation. This includes:

  • Filing and responding to petitions. If you are seeking a divorce or separation, you will need to complete a Petition for Dissolution of Marriage or a Petition for Separation. An attorney can make sure you file these documents on time and without error to avoid delays.
  • Property and debt division. California is a community property state, which means that debts and assets are split 50/50. However, it may be difficult to determine whether some of them count as separate or community property.
  • Spousal support/alimony. Spousal support is determined by taking certain factors into consideration, such as the length of the marriage, each spouse’s income, and each spouse’s earning potential.
  • High-asset divorce. High-asset divorces involve marriages where assets that have high monetary value are a part of the marriage. Some of these matters include real estate holdings, cash, business ventures, and investment properties.
  • Mediation. In cases where the two spouses agree on matters, an attorney can help them through mediation and collaborative divorce proceedings. This can help alleviate the extensive nature of going to court if things are contentious.

Child Custody and Visitation

A parent’s relationship with their child is arguably the most important relationship in their lives. This is taken into consideration in court and can be used to influence legal outcomes. An attorney can help you with issues regarding:

  • Legal custody. This refers to the parents’ right to make decisions regarding the child, including education, religion, and medical care.
  • Physical custody. This refers to where the child will spend most of their physical time and where the child will primarily live. Parents can share joint custody, or one can have sole custody while the other has visitation rights.
  • Parenting plans and schedules. An attorney can help couples establish a plan for holidays, summers, and weekends, ensuring that the child receives adequate time with each parent. An attorney can also assist in determining how the child will be exchanged between the two parents, if necessary.
  • Modification of custody orders. Sometimes, things may change. For instance, a parent’s work schedule may change, or the child’s needs may change (such as by going to a new school or needing medical attention). An attorney can help you modify orders and request them from the court.
  • Moving away. When one parent moves a considerable distance away, an attorney can help navigate this complexity. This requires strategic legal assistance while prioritizing the child’s best interests.

Spousal Support and Child Support

Financial matters are a part of family issues. An attorney can assist with calculating support, requesting modifications, enforcing existing orders, and navigating support disputes.

California uses guidelines to help calculate child support, which takes into consideration each parent’s income, time spent with the child, healthcare, and other financial obligations.

Despite the fact that the method is automated, disagreements frequently arise regarding the appropriate way to account for special needs, custody time, and money. We assist in making sure that child support orders satisfy your child’s needs and accurately depict your financial situation.

Spousal support will also consider several factors, including the length of the marriage, the standard of living during the marriage, the age and health of both individuals, earning capacity, and contributions to the home or the other spouse’s career. Spousal support may be temporary or permanent.

Domestic Violence

Family law lawyers can help protect victims and families of domestic violence. If you are a victim of domestic violence, an attorney can help you secure a protective order, represent you in legal hearings, and coordinate with law enforcement if needed.

Alternatively, it is equally crucial to have competent legal representation if you have been falsely accused of abuse. Your reputation, immigration status, and custody rights may all be negatively impacted for some time by a restraining order.

The California Family Court Process

For many people, the legal process can seem overwhelming. However, understanding how the California family court process works can help alleviate the stress involved.

The process begins with filing your case. One party petitions the court, completing the appropriate forms such as the Petition for Dissolution of Marriage for a divorce or a Petition to Establish Parental Relationship for unmarried parents.

The Santa Clara County Superior Court, which maintains a branch at the Palo Alto Courthouse (270 Grant Avenue), is where these filings are filed. After the documents are filed, they must be served officially to the other party, and the party must be given a chance to reply.

Temporary orders are then given if necessary. These orders are common when decisions must be made while the case is still pending, such as issues with child custody. Both parties may be required to attend mediation.

Next is discovery and settlement, where both parties exchange financial information and other details about the marriage. Most cases settle shortly after. If a settlement is not reached, the case will proceed to court. After the hearings, official judgments are made.

FAQs

How Much Does a Family Lawyer Cost in California?

In California, family lawyers usually bill by the hour, depending on their location and level of experience. Flat fees might be applicable for uncontested issues. However, complex cases, such as custody disputes or divorces with substantial assets, might have much higher costs. Some lawyers provide payment plans or sliding scale prices. During your first consultation, always inquire about the billing structure.

What Does a Family Lawyer Do in California?

A California family lawyer deals with cases involving family ties, such as prenuptial agreements, divorce, child custody, spousal and child support, and domestic abuse. Whether in mediation or litigation, they represent their clients’ greatest needs, negotiate agreements, and assist them through the judicial system. Their job is to defend legal rights and assist clients in successfully resolving emotionally stressful situations.

What Kind of Lawyer Do I Need to File a Claim Against a Family Member?

The type of lawyer needed is determined by the nature of the case. A civil litigation or probate lawyer is suitable for matters such as inheritance, property, or trust violations. A family law lawyer is the ideal choice if it concerns domestic abuse, divorce, or custody issues. It’s crucial to speak with an attorney knowledgeable in the relevant field of law.

When Should You Hire a Family Lawyer?

You should consult a family lawyer as soon as you suspect a legal disagreement concerning marriage, children, or finances, such as a divorce, custody battle, or support demand. Getting legal counsel early on can help you understand your rights, avoid expensive errors, and strengthen your case. Legal advice guarantees that documents are filed accurately and fairly, even in cordial circumstances.

Contact the Law Offices of Rod Firoozye Today

If you have a family dispute, an attorney at the Law Offices of Rod Firoozye can help you settle it. Contact our office today to get started.

Here for Your
Family’s Legal Needs

Contact me today. I represent clients from throughout California from my law
offices in San Jose. For your convenience, I accept all major credit cards.

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