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Testimonial – Client, Tess B.

“From the moment that I filed for divorce and child custody, I had 100% confidence in Brian. Each step of the way he kept me informed and prepared. I found his knowledge and background with divorce and child custody to be more than comforting. He was prompt in all responses or concerns that I had as well. I will most definitely refer a friend to him for his services and I would hire him again in a heartbeat should that ever be necessary. Thanks Brian!" Read more

Podcast 13: Family Court and Mistakes

San Diego divorce and child custody lawyer Brian A. Victor discusses the topic of how to deal with mistakes made by clients in Family Court in his 13th podcast episode. Attorney Brian A. Victor discusses divorce and child custody issues. He brings more than 11 years experience recommending parenting plans to judges while working at Family Court Services in San Diego. To learn more go to www.brianvictorlaw.com In this podcast, Attorney Victor talks about ways to work with clients in Family Court and Mistakes they make on occasion and how best to minimize those mistakes.

To watch Family Court and Mistakes on YouTube go to: https://youtu.be/wFmPkgdZU-w

Mistakes are learning experiences in family court

It was the philosopher John Dewey who stated mistakes are learning experiences. What this means is if you make a mistake and you learn from it you will not repeat the mistake and you will grow to be a better person. The opposite is true of course if you make a mistake and don’t learn from it you are most likely going to make the same mistake over again.

My goal with this blog is not to be philosophical, but rather point out that one-time mistakes are good learning experiences in family court. Let’s say for instance, you are having a phone conversation with your ex-spouse and they start making negative comments towards you. I tell my clients not to engage them in this behavior, but rather make note of the situation and focus on the co-parenting aspects. Unfortunately, this advice is not always heeded and regrettable comments are sometimes made.

Unfortunately, these are situations that often get repeated in court declarations. The best advice I give my clients at that point is to learn from the mistake they made by engaging the other parent and refuse to fall into this trap in the future. Therefore, they turn this mistake into a learning experience, which will benefit them in family court and will benefit their children in the future.

Another situation I see often in family law is a parent who has driven while intoxicated and then minimizes this action by saying it was a one-time occurrence and no harm came to their children as a result. While this may have been a one-time occurrence, the other parents will likely latch onto it and use it to their advantage going through the court process and attempt to obtain custody of their children.

While it may not be something my client wants to hear, I tell them to accept responsibility for their actions even if their children were not harmed as a result of this behavior. I believe it is best to admit their mistakes, indicate how they are never going to make that mistake again, obtain treatment if necessary so that when there is a court hearing they will have positives to inform the judge of rather than the negative behavior.

This runs concurrent to a recent court decision in a juvenile dependency matter in Re: M.R. where the court found that a mother who drove intoxicated minimized the seriousness of her behavior and failed to take significant steps that would lead to reduce risk to the children. While not directly related to family law cases, the finding is still significant and is something I inform my clients of.

It is extremely important to learn from a mistake especially while a family law matter is ongoing so that it does not significantly and negatively affect your case or your children. Therefore, mistakes are learning experiences in family court.

To inquire further about your family law matter look for a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego, contact the Law Offices of Brian A. Victor for more information on your specific family law situation. www.brianvictorlaw.com

Attorney Brian A. Victor Named 2017 California Super Lawyers

The Law Offices of Brian A. Victor in San Diego is pleased to announce that Family Law Attorney Brian A. Victor has been selected to the Super Lawyers 2017 California Rising Stars list.  This is the third year in a row that Attorney Victor has received this honor!

This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in the state.

Super Lawyers, a Thomson Reuters business, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.

The annual selections are made using a patented multiphase process that

includes:

  • Peer nominations
  • Independent research by Super Lawyers
  • Evaluations from a highly credentialed panel of attorneys

The objective of Super Lawyers is to create a credible, comprehensive and diverse listing of exceptional attorneys to be used as a resource for both attorneys and consumers seeking legal counsel.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country, as well as in the California Super Lawyers Digital Magazine and Modern Luxury San Diego.

Please join us in congratulating Brian A. Victor on his selection.

Additional information about Brian A. Victor can be found at www.brianvictorlaw.com

For more information about Super Lawyers, go to SuperLawyers.com.

Holiday parenting plan

It’s that time of the year again when families get together to celebrate with one another. Schools are closed and children can play and enjoy some much needed time away from studying. That’s right, the year-end holidays are upon us. This is the time of year when everybody is supposed to be in a happy mood and celebrating the end of another year.

This is a happy time except of course when couples who have divorced or ended a dating relationship do not have a holiday parenting plan or if they have an ineffective holiday parenting plan. When either of these two scenarios occurs it usually results in a situation where one or both parents are unhappy about the time they get to spend with their children during the holidays and winter break.

Often times children are also unhappy about having to follow an ineffective or nonexistent holiday parenting plan. This usually results in unnecessary stress being placed upon a child having to choose between their parents during the holidays.

When parents are unable to resolve issues and agree with which holiday parenting plan their child should follow, it either results in a child not spending any time with the other parent or not spending enough time with the other parent.

As a child custody attorney in San Diego, too often an individual comes to me because they are not able to spend enough time with their children during the holidays. Having recommended more than 4,000 parenting plans to family court judges when I worked for Family Court Services, I am aware of the difference between an effective and ineffective holiday parenting plan.

I often discuss the positives and negatives of my client’s current holiday parenting plan to try and find a deeper understanding of what is working and what is not working in their ability to spend time with their children during the holidays. I then ask them how much time they realistically can spend with their children during the holidays and we work together to develop a beneficial holiday parenting plan we can request from the other parent and or the court.

No child deserves the stress of having to decide between their parents especially during the holiday time and by developing an effective holiday parenting plan; parents can alleviate this undue stress.

To inquire further about an effective holiday parenting plan look for a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego, contact the Law Offices of Brian A. Victor for more information about a holiday parenting plan.

www.brianvictorlaw.com

ESPN Radio 1700 AM Real Talk San Diego Divorce Custody

Attorney Brian A. Victor appeared on ESPN Radio 1700 AM Real Talk San Diego on October 19, 2016.
He was interviewed on the program and spoke about divorce custody and mediation and his background as a Family Law Attorney in San Diego.
He provided tips and information about the process of divorce custody and how mediation plays a role in the divorce custody process.
Be sure to listen to the entire broadcast about divorce custody and mediation on ESPN 1700 AM Radio Real Talk San Diego

Do I need a lawyer for my divorce property issues

In a previous blog I discussed the need for a lawyer for divorce when dealing with child custody and child support issues. This blog will help shed some light on the decision do I need a lawyer for my divorce; property issues.

There are many property considerations that a person must focus on when getting divorced. Property issues is a broad area that includes both real and personal property considerations. Each of these areas can be confusing, but need to be considered when getting divorced.

Real property includes the home you live in and any rental property you own. Decisions regarding selling each property and who is owed what amount of money upon sale of each property are questions that a lawyer can help you with.

Personal property includes your jewelry, your appliances and furniture, as well as the vehicle you drive. Decisions must be made regarding how to split this property when getting divorced. Again, these are decisions that a lawyer can help you make during your divorce case.

Another example for answering the question do I need a lawyer for my divorce; property issues, consider the following. I have consulted with many people who contact me regarding modifications after a divorce judgment has been ordered. It is important to discuss these issues prior to moving ahead with your divorce case so that a lawyer can help you make the right decisions along the way.

Further issues to consider when deciding if you need a lawyer for your divorce will be presented in a future blog.
To inquire further about the question, “Do I need a lawyer for my divorce; property issues” look for a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego, contact the Law Offices of Brian A. Victor for more information on property issues and divorce. www.brianvictorlaw.com

Do I need a lawyer for my divorce; child custody and child support

When I meet with prospective clients one of the first questions I am asked is, “do I need a lawyer for my divorce?” This is a good question and it is a fair question. Sometimes it is a financial question. Sometimes the person sitting in front of me just cannot afford to hire a lawyer for their matter whether they need one or not.

Let’s look at some important aspects of a divorce case. First, there may be child custody decisions that need to be made. Just because you think you know what is in the best interests of your child does not mean that the court will agree with you. I have had a great number of people consult with me after they have a court order for custody and visitation and want to modify that order because they did not understand the legal process regarding child custody. In these cases, it would’ve been extremely important to have a lawyer negotiate child custody plans prior to obtaining a court order.

Child support is another important aspect to consider when deciding if you need a lawyer for your divorce. Although child support is a child’s right, most people do not understand the legal consequences surrounding child support. For example, they do not understand the manner in which child support is calculated. Additionally, people do not understand that a child is due child support until the age of 18 and in many cases the age of 19 if they are still a full-time high school student.

When asking do I need a lawyer for my divorce; child custody and child support are only two important aspects that must be considered.

Further issues to consider when deciding if you need a lawyer for your divorce will be presented in a future blog.
To inquire further about the question, “Do I need a lawyer for my divorce; child custody and child support issues” look for a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego, contact the Law Offices of Brian A. Victor for more information on a child custody, child support and divorce. www.brianvictorlaw.com

Community property debts and divorce

In previous blogs I discussed how community property earnings and community property purchases affect divorce. Now I will discuss the effects of community property debts and divorce.

Community property debts and divorce can be complicated, but important to understand when determining your rights in a divorce proceeding. As a family law and divorce lawyer in San Diego, I get asked often how to make a decision regarding community property debts and divorce. For the purpose of this blog I will provide a basic overview.

First, it is important to understand what is a community property debt. These are usually debts that are owed as a result of purchases while you are married. For example, when a couple buys a home their mortgage is a community property debt. Additionally any vehicles that are purchased during marriage result in a community property debt to pay off the loan of the vehicle.

By the time you decide to file for divorce, it is important to understand your rights regarding community property debts and divorce. The effects it can have on your decision to divorce are much too complex to discuss in this blog. For additional information regarding community property debts and divorce contact a family law divorce lawyer in your local area.

To inquire further about community property debts and divorce look for a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego, contact the Law Offices of Brian A. Victor for more information on community property debts and divorce. www.brianvictorlaw.com

Divorce and community property purchases

In a previous blog I discussed community property earnings and divorce. That is just one aspect of things to consider when living in a community property state such as California. As a family law and divorce lawyer in San Diego, my clients ask how purchases they make during marriage affect property division at the time of divorce.

Divorce and community property purchases can be a confusing topic. While there are many complexities that go into this discussion, I will keep the answers as simple as possible.

Purchasing a house is one such purchase that results in much confusion and questions. The quick answer I provide my clients is that absent any money brought into the marriage for use as a down payment for the house, the house is a community property asset and must be divided equally at time of divorce. There are many other factors that go into this equation, but are best left for future discussion.

Additionally, any vehicles you purchase during marriage have a presumption of being community property and must be considered when making a decision to divorce.

As you can see, divorce and community property purchases are complex issues, but are important to understand when determining your rights at time of divorce.

A future blog will discuss community property debts and divorce. To inquire further about divorce and community property purchases look for a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego, contact the Law Offices of Brian A. Victor for more information on divorce and community property purchases. www.brianvictorlaw.com

Attorney Brian A. Victor Named to the 2016 Super Lawyers San Diego California List

The Law Offices of Brian A. Victor in San Diego is pleased to announce that Family Law Attorney Brian A. Victor has been selected to the 2016 Super Lawyers San Diego California Rising Stars list. This is the second year in a row that Attorney Victor has received this honor!

This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in the state.

Super Lawyers, a Thomson Reuters business, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.

The annual selections are made using a patented multiphase process that
includes:
• Peer nominations
• Independent research by Super Lawyers
• Evaluations from a highly credentialed panel of attorneys

The objective of Super Lawyers is to create a credible, comprehensive and diverse listing of exceptional attorneys to be used as a resource for both attorneys and consumers seeking legal counsel.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country, as well as in the California Super Lawyers Digital Magazine.

Please join us in congratulating Brian A. Victor on his selection.

Additional information about Brian A. Victor can be found at www.brianvictorlaw.com

For more information about Super Lawyers, go to SuperLawyers.com.