ATTORNEY’S FEES
Under Family
Code Section
2030, a Court is authorized to order a party to pay the other party’s attorney’s
fees and costs. To establish facts in support, the Attorney for a requesting party needs
to file a Request for Order, an Income and Expense Declaration, the Judicial Council attachment
form for Attorney’s Fees Requests and a Declaration from the Attorney establishing his skill,
experience justifying his or her hourly fee.
The basis for this type of fee award requires evaluating each parties’ income and needs,
establishing a significant disparity between the parties and that one party has the income
sufficient to pay for his/her fees and that of the other party. The fee request must be also
reasonable in amount, considering the complexity of the case.
In determining need, the Court considers all the assets of both parties. For example, the Court
can consider the stocks, mutual funds, etc. of the applicant as available to liquidate to pay
for Attorney’s fees. Whatever award is made, the sum payable must be reasonable considering the
paying party’s monthly living expenses. As a result, some fee awards are made payable in
installments instead of lump sum.
The Best Child Custody Attorney Tustin, California
The court's priority in determining child custody in Tustin, CA, is what is best for the kid.
While each parent may have different ideas about how the child should be best treated,
California law requires the court to begin with two assumptions. First and foremost, the child's
health, safety, & welfare must be prioritized.
Second, the court presumes that children benefit from regular contact with both parents. "Health,
safety, & welfare" is an umbrella word used in child custody proceedings that covers a wide
range of events and circumstances. If you need an accomplished, dedicated, & inspiring
lawyer to represent you, contact the law office of Jos Family Law, the top Child
Custody
Attorney Tustin, CA.
Is it possible to obtain a child custody agreement without going to court?
You do not have to go to court to get custody. In mediation, you and your spouse can reach an
agreement on child custody so that you & your ex-spouse can both agree on how to spend time
with the child/children while the divorce proceeds.
The first step is for you & your spouse to come up with an agreement that works for both of
you and is best for any children you share. A child custody agreement is a document that is
agreed upon by both parties (you & your ex) or that is ordered by a Judge in divorce court
(or that is decided upon during the mediation process) that specifies items like:
- Spending time with the children on visits
- Who will be awarded main and secondary custody of the children?
- Whether the two of you will share time with the kids
- Child support information
- Everything else that will assist you and the other parent in effectively raising the
children.
While all of the above conditions may appear basic, they are not always. This is especially
true if you and your spouse do not get along and intend to battle for primary custody or
other issues. This is when getting the guidance of a qualified and experienced lawyer may
help you negotiate your way to fair and equitable child custody in all aspects that come in
handy.
What to Expect at Your Family Court Services Appointment
The California
Family Court's Local Rules mandate that parents attend mediation sessions provided
by the Family Court Services (FCS) whenever an order for child custody or visitation is
requested. The advice of the FCS mediator is heavily weighted by family court judges;
therefore, success in FCS mediation is critical to the outcome of your child custody case.
At the FCS appointment, the parents may provide information about their children's custody to
a court-appointed mediator. In addition, the parents may offer relevant documentation
evidence, such as affidavits from friends and relatives.
The FCS mediator will provide the parents and the family court judge with an FCS Report and
Recommendation. The suggestion takes into account all of the information gathered by the
mediator during their interview with the parents. Before releasing a proposed parenting
plan, the mediator will also review the case and analyze any communication they've had with
other third parties regarding the situation.
Each parent has 10 calendar days from the date of receipt of the recommendation to examine
& respond to the material included in the report. If the FCS report is not received
within the 10-day time frame, the family court will issue a continuance of the hearing at
the request of either parent. A seasoned Child Custody Attorney Tustin
at
Jos Family Law can guide you to success.