Frequently Asked Questions

1. What are my rights as a parent?
As a parent, you have legal right to play an active role in your child’s life. This means that you have the right to make decisions regarding the over all well-being of your child, as well as to spend quality time with your child on a regular basis. Unless it is proven to the court that you are unfit to be a parent to your child, the court is supposed to honor the vital role you play in your child’s life. If you feel your rights as a parent are not being acknowledged, or have been put at risk, it’s important to hire skilled attorneys. At Diamond Law Firm, we are fierce advocates of parents throughout California, and we can ensure that your rights as a parent are respected and upheld by a judge.

2. What are the different types of child custody?
When determining child custody arrangements, judges always base their decisions based on what’s in the best interest of the child. There are four types of child custody arrangements in California:

Sole Physical Custody: The child resides with exclusively with one parent, and not the other. In this case, the non-custodial parent is typically awarded visitation rights.

Joint Physical Custody: The child resides with both parents. Parents can either come to a custody arrangement together, or the court can come up with a custody schedule on their behalf.

Sole Legal Custody: Only one parent has the authority to make legal decisions on behalf of the child. These types of decisions are made in regards to the child’s healthcare, education, and overall well-being.

Joint Legal Custody: Both parents have the authority to make legal decision on behalf of their child.

When both parents are awarded physical and legal custody of the child, it is referred to as joint custody. When only one parent is awarded physical and legal custody of a child, it is referred to as sole custody.

3. When does visitation come into play?
When a parent is awarded sole or joint physical custody of a child, the non-custodial parent is usually granted visitation rights. The parents of a child can create a visitation schedule together, or the court can determine the terms of visitation if the parents cannot reach a mutual decision. Visitation schedules outline what days the non-custodial parent will see his or her child, how long their visits will last, and where they plan to go during their visit. It is the policy of the California courts to ensure that both parents have frequent and continuing contact with their children.

4. How is child support determined?
Determining the amount one pays in child support is a complicated mathematical process. Basically, child support will be based on each parent’s income, the number of children who need financial support, and the amount of time the children spend with each parent. To gain a more thorough understanding of how child support is determined in California, please do not hesitate to consult with one of our experienced attorneys.

5. Can child support or child custody arrangements be changed?
Yes, they can. If a child support or child custody arrangement is not working due to a change of circumstances, you can seek a modification from the court.  Modifications are especially helpful to parents who wish to spend more time with their children. In addition, you can also request a modification with regards to spousal support and child support. You can request a reduction in the amount of support you pay if you can prove that you have experienced an expected loss in income, usually from a sudden job loss, illness, or injury. If you are receiving support, you can request an increase in payments if you can prove to the judge that the other spouse is making more money, or you require more financial assistance for your children.

6. How long will I have to pay Alimony or spousal support?
The amount of time you will be required to pay alimony or spousal support will depend on a number of factors. Typically, the longer you were married to your spouse, the longer you will be required to pay spousal support. In some cases, a person is required to pay permanent spousal support. Permanent spousal support lasts until the court terminates the payments or the dependent spouse remarries or passes away.  A person can also be ordered to pay temporary spousal support. Temporary support is paid until the dependent spouse has gained the resources, skills, or education to become financially self-sufficient.  

7.  What are the requirements for divorce in California?
Because California is a no-fault state, couples who wish to divorce only need to state that they have “irreconcilable differences.” The other requirements are that the petitioning party lived in California for at least six months, and in the county in which the case is filed for at least three months, before the case is filed. Also, the divorce cannot be finalized until six months after the petition is filed and served on the other spouse.

8.  How will my marital property be divided?
California is a community property state. This means that all property, assets, debt, and income that was accumulated, acquired, or purchased during the course of the marriage will be equally divided and distributed upon divorce. The only way community property will not be evenly divided and distributed is if one of the parties wasted assets or a prenuptial or postnuptial agreement outlining otherwise was drafted, signed, and filed with the court.   Property, assets, debt, and income acquired before or after the marriage, or by gift or inheritance during the marriage is referred to as separate property, and is not subject to equal division and distribution.