"Family law" is
the broad term which is used to refer to the
practice
of law governed by the Family Law Act, and
certain
related statutes.
Family Law generally covers all matters
related to the rights
of spouses, parents and children. Family law includes
the following matters: divorce, dissolution of domestic
partnerships, legal separation, nullity (also known as
annulments), parentage actions (sometimes referred to
as paternity), child custody and
visitation, child support, spousal
support (often called alimony), adoption, domestic
violence, emancipation of minors, family mediation, pre-marital
and post-marital agreements, cohabitation agreements,
contract actions between unmarried partners (also referred
to
as "Marvin" actions or palimony suits) and property
rights between spouses.
Guardianship actions are private actions where the people seeking custody
of a child are not the child's parents. These cases are often brought by
a child's relatives when the child's parents are deceased or otherwise unable
to properly care for their child. Guardianship action are governed by California's
Probate Code. However, many counties have systems that utilize the family
court and the Family Law Act in deciding guardianship matters.
Juvenile matters are governed by their own set of laws, most of which are
set forth in the Welfare and Institutions Code. Juvenile law generally refers
to cases where children have been made wards of the court because of neglect
or abuse. If the Juvenile Court enters a child custody case, it may supersede
the Family Court's jurisdiction.
The State Bar of California Board of
Legal Specialization certifies attorneys who have
successfully satisfied the requirements for certification.
To become a Certified Specialist in family law, a lawyer must study for
and pass an extensive written examination, administered by the State Bar
of California, which is similar to the Bar Exam, but is focused on the
specialty of Family Law. Additionally, a lawyer must demonstrate that he/she
has represented a required number of clients in various aspects of family
law proceedings, including trial, and completed a requiste number of substantive
law and skills courses.
Family law is an enormously
complex area of the law, and California's
laws are among the most complicated. To be
effective
your lawyer must be familiar not only
with the California Family Code and case law,
but
with a variety of other issues arising
out of other areas of law.
For example, family lawyers must understand business, financial, accounting,
tax, and investment issues in order to effectively investigate and resolve
support and property division disputes. They must understand how various
tax laws affect family law and understand the resulting tax consequences
of any particular property or support settlement.
Family lawyers must also be familiar with various psychological issues, and
particularly with child development issues, in order to effectively assist
clients with custody and visitation concerns and with the varied and often
painful emotions brought on by the breakup of the family.
The best way to assure that your attorney is adept in all of these aspects
of the law is to retain a certified specialist.
WHAT IS THE DIFFERENCE BETWEEN LITIGATION, MEDIATION
AND ARBITRATION?
Litigation refers to the
process by which a matter is brought
into a formal court setting where the outcome
is often determined by a judicial
officer,
such as a judge or commissioner,
after reviewing legal briefs and hearing
oral
arguments.
Mediation can take several forms, from mandatory court mediation, which
is required in all custody disputes, to private mediation with a neutral
third party, usually a lawyer or mental health professional. Mediation
often suggests a setting wherein the parties attempt to reach an agreement
on the disputed.
Arbitration is a hybrid of litigation and mediation. Often the arbitrator's
role is determined by the parties' agreement. For example, the parties
may agree that the arbitrator will serve as a judge in their case and will
have the power to make binding decisions.
No. You should not rely on advice you
receive over the Internet. There is no regulation
regarding what can be posted on the Internet and there
is no
way to ensure that the advice posted came from
someone qualified to render legal advice.
Never disclose confidential information over the Internet (e.g. e-mail)
as doing so may open the information to discovery and may waive any privilege
that would otherwise have protected the information. Discuss your legal
problems in a confidential setting with a licensed attorney qualified to
render advice regarding your specific legal issue. Most legal matters have
specific deadlines. If you believe you may have a legal problem, you should
immediately consult with a lawyer.
Disclaimer
Visiting this website does not constitute an attorney-client relationship,
nor does the unsolicited mailing or electronic transmission of information
to us constitute an attorney-client relationship. Any information you obtain
at this site is not, nor is it intended to be, construed as legal advice.
You should consult an attorney in your particular state for legal advice.
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555, Walnut Creek, CA 94596
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