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Family Law Representation

Family Law

Most family law matters are emotionally draining for the parties involved. The legal processes are convoluted. The number of factors and circumstances the courts consider are confusing and overwhelming to those not familiar with the procedures and laws that guide the court in the decision-making process.  When you find yourself involved in a family law dispute, you want answers. The family law attorneys at the Law Offices of Erik Steven Johnson are well versed in family law and procedure. We will evaluate the particular facts and circumstances surrounding your family law issues and provide you with sound legal advice you can rely on.

Prenuptial and Postnuptial Agreements

Marriage is a contract. California allows those contemplating marriage and those that are married to determine certain terms of their marriage contract. Child custody and support issues can not be validly addressed in prenuptial or postnuptial agreements. In order to be enforceable, prenuptial and postnuptial agreements must meet certain legal requirements. The law encourages the parties to seek the advice of independent counsel and will not enforce an agreement where one spouse was not given the opportunity to seek independent counsel.

If you are thinking about entering into a prenuptial or postnuptial agreement, you should seek the advice and counsel of a family law attorney that has extensive experience drafting and interpreting these particular types of agreements. Our family law attorneys will provide you with the advice and counsel necessary to create a binding agreement with your intentions and rights clearly established.

Divorce

To initiate divorce proceedings can be one of the most difficult decisions that a married individual makes. Some divorces can be simple and amicable while others can be heated and complicated. It is best when the parties can agree or compromise. We know this is not always the case though. When children, businesses, property and debt are involved it is important to understand your rights and duties.

Spouses owe each other a fiduciary duty during a dissolution of marriage. It is important to know what this means in your particular case so as to avoid the potential penalties for breaching the duty. Our family law divorce attorneys will make sure that you understand the divorce process and how it affects you legally and financially. We can help you get through these difficult times.

Spousal Support

In California, alimony is termed spousal support in dissolution of marriage proceedings. Not all spouses are entitled to spousal support. There are a myriad of factors the family law court considers when determining if and for how long a spouse may be entitled to spousal support payments. The employability of a spouse and length of the marriage are two major factors the court takes into consideration.

If you think you are entitled to spousal support or think you may have to pay spousal support, it is extremely important that you discuss the facts and circumstances surrounding your marriage with a knowledgeable and experienced family law attorney. Spousal support is not intended to last forever. A change of circumstances can increase, decrease or terminate spousal support. Call our family law attorneys today to discuss spousal support obligations.

Child Custody

The California Family Code provides that children be allowed frequent and continuing contact with both parents. Many people refer to child custody matters as “Child Custody Battles.” In California, when the court makes a child custody decision, it is based on the best interests of the child or children involved. In many counties the parties may be ordered to participate in mediation before a custody hearing is held. The parties will attempt to come to a timeshare agreement. If the mediator is successful in facilitating an agreement, the parties may be able to file a stipulation and avoid a custody hearing. If not, the mediator may make a recommendation to the court. Many times, the court adopts the recommendation of the mediator in full or in part.

If you are facing a child custody dispute, please contact our family law child custody attorneys. We will help you understand what sole custody, shared custody and visitation is. We will discuss the mediation process and provide you with advice on how best to handle the mediation. As with many other family law matters, child custody orders are not final. A change in circumstances can give rise to a change in child custody orders. Contact our experienced family law child custody attorneys today.

Child Support

Child support, in California, is a right enjoyed by the children involved. It cannot be waived by the parents. Child support obligations can have a huge impact on the finances of both households. A change in circumstances can be a basis for a change in child support orders. When the court orders support, the court’s calculation of the support obligation will be based on timeshare of the children and other guideline factors found in the California Family Code. There are circumstances where the court may order support if one party is purposefully unemployed or underemployed. The court disfavors those that shirk their familial obligations.

If you are facing a child support hearing, it is important that you understand your rights. You may also want to know how much support you may be able to collect or be obligated to pay. Our well versed family law child support attorneys will discuss the dynamics of your case and will be able to provide you with an idea of how much support you may pay or collect.

Domestic Violence Restraining Orders

According to the State of California Department of Justice, in 2014 there were 155,965 domestic violence-related calls for assistance throughout California. Many instances of domestic violence go unreported. A domestic violence restraining order restrains a party from contacting you or coming within a certain distance from your home, work or school. The order may also restrain the party from possessing firearms. Under certain circumstances, a restraining order may also address child custody and support.

If you are being harassed or abused by husband, wife, girlfriend or boyfriend, seeking a domestic violence restraining order may be in your best interest. You should contact a family law attorney that is familiar with restraining order as soon as possible. Your safety may be in jeopardy. Our family law attorneys are here to discuss your situation and help you seek the protection of a domestic violence restraining order.

Adoptions

People choose to adopt for a variety of reasons. California’s legal system processes more adoptions than any other state. The process can be long and complicated depending on what type of adoption you are seeking. Stepparent and adult adoptions do not require as much inquiry from the court as do other types of adoptions. If you are thinking about adopting you probably have a lot of questions. Our family law adoption attorneys are here to answer your questions and help navigate you through the adoption process whether it is a stepparent adoption or an international adoption.

The Family Law Practice at The Law Offices of Erik Steven Johnson

The family law attorneys at the Law Offices of Erik Steven Johnson are aware of the stresses and tensions that can complicate family law matters. We are accustomed to dealing with all issues with sensitivity and compassion. Our family law attorneys can help with full litigation support or representation with hearings, assistance with paperwork, or advice. We provide a range of services to meet your requirements.

If you are facing a child custody, divorce, or family support issue, or you want to enter into a postnuptial or prenuptial agreement, call a family law attorney at 408-246-3004 for a free consultation.

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