Family Law FAQs

California has one of the highest divorce costs in the US. Family law attorneys usually charge an hourly rate ranging from $300 to $600 per hour. Additionally, many attorneys also charge retainer fees, which range between $1,000 to $5,000.

The father enjoys the same rights as the mother in California. This includes the right to physical and legal custody, the right to access the child's medical records, applying for parental leave, paying child support, and establishing paternity through a court-ordered DNA test.

In California, both parents have equal rights when it comes to family laws. The mother can seek full custody    if it's in the child's best interests. Moreover, unmarried mothers have the right to automatic custody of the child at birth. Unmarried fathers must prove paternity to claim custody and other parental rights.

The court considers several factors which determine the best interests of the child. These factors may include:

• Age and needs of the child
• Relationship between the child and each parent
• Ability of each parent to care for the child
• Any history of domestic violence or abuse by either parent
• The child's wishes, if above 14 years of age and displaying maturity.

In California, divorce can be either contested or uncontested. An uncontested divorce is when both parties resolve their differences outside court, such as by negotiating a settlement or mediation. A contested divorce is when the parties approach the court to decide on post-divorce issues like child custody, child support, asset division, and alimony.

Loss of job doesn't affect child support payments. This means you have to keep paying support even if you lose your job. You may petition the court for a modification of the order and show your financial hardship. Until the court approves such a modification, you must keep paying support per the court orders.

Relocating to another state by the custodial parent requires the court's approval. If the court thinks that such a move wouldn't be in the child's best interests and should continue visitations with the non-custodial parent, moving out may be out of the question. If you are a non-custodial parent in this situation, best to hire a family law attorney to inform the court that you want to continue with such visitations.

A prenuptial agreement allows you and your spouse to lay down certain terms to keep property separate and provide for children outside the marriage in the event of a divorce or death of a spouse. A prenuptial also protects an individual from debt incurred by the other before marriage. Without a prenuptial agreement, things like asset division can get tricky and complicated. If you want to know more about prenuptial agreements, contact the family law attorneys at Jos Family Law. We will create a prenup with the sole aim of protecting your rights.