Family Court Services
Avoiding court for divorce
Upon first meeting with a client I am often asked if their divorce or child custody matter must be litigated in court. Honestly, there is no easy answer to this question. There are many factors that determine the course that a divorce case travels. Often the situation is dependent upon the other party and there is only so much the client can do to affect their soon to be ex’s behavior.
I have met many clients who insist that they have a judge make a ruling on every aspect of their family law matter. They want an order for custody and they want an order for spousal support and child support. Some clients do not understand that they can obtain an order from the court without appearing in a courtroom. As a family law attorney in San Diego, I explain to clients that they and the other party can stipulate to certain aspects of their case. In other words, they can reach agreement on days and times they each spend time with their children without having a judge design a court ordered parenting plan for them. They can also stipulate and agree to the amount of support they either pay or receive.
Should the parties reach agreement, I or the other party/attorney can draft a stipulated order that contains the terms of the agreement, which is then submitted to the court. Should a judge approve the factors involved in the agreement, it then becomes a court order. This is a good way to stay out of court and make the divorce or child custody case run smoother.
Of ‘course, as I discussed above, not every case or every issue in a family law matter can be solved with stipulated agreements. There are many factors involved in family law cases and everyone’s matter is different. What is important to remember is that not every aspect of a divorce or child custody matter must be litigated in court.
To inquire further about more specifics of child custody and divorce consult with 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. www.brianvictorlaw.com
San Diego divorce lawyer discusses vacation co-parenting part 4-family court
In the previous three parts of this blog series I have discussed the difficulty of taking summer vacation with your children when there is a disagreement between both parents.
The solutions of having the parents discuss the issues with each other, mediation, and the drafting of letters and stipulated agreements were discussed in detail.
This brings us to the point of what to do when none of the previously discussed solutions resolves the issue of taking summer vacation or any vacation for that matter with your children.
As a family law attorney in San Diego, a large part of my job is to bring matters before a judge and allow them to make decisions for parents who are otherwise unable. There are several pros and cons to this option, which are too many to explore in this blog.
One positive of court intervention is that there will be a final decision made regarding the issue of summer vacation and when each parent is allowed to enjoy this time with their children. One negative to this solution is that the parents most likely will not be able to have much input into making this final decision.
The solutions raised throughout this four-part series are solutions that can be attempted for almost any issue and not solely for summer vacation. It does provide a clear example, however; of one issue I deal with on an ongoing basis as a child custody attorney in San Diego.
To inquire further about more specifics of child custody and visitation consult with 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. www.brianvictorlaw.com
San Diego divorce lawyer discusses summer vacation and co-parenting part 3-stipulated agreements
In the first two parts of this series, I discussed the difficulty of taking summer vacation with your children when there are co-parenting issues involved.
I previously discussed the option of having parents try to discuss the issues with each other to try to resolve the problems. I also discussed the concept of mediation and how it can help resolve co-parenting issues resulting in a stipulated agreement.
Part three of this series discusses what to do when these first two options do not resolve conflict between parents. As a family law attorney in San Diego, part of my job is to draft letters which are sent to opposing counsel or opposing parties. The goal of these letters is to point out the key issues involved between the parties as well as a beneficial solution for these issues.
As a child custody lawyer, I have had success in resolving co-parenting issues via the drafting of a compelling letter. The best part of this success is that it keeps the matter out-of-court and results in drafting a stipulated agreement.
It is great to be able to resolve issues between parents either by them discussing the issues with each other, through mediation, or by drafting compelling letters and stipulated agreements.
Unfortunately, as hard as I try to resolve these issues, sometimes the only solution is by going to court. This issue will be discussed in part four if this series.
To inquire further about more specifics of child custody and visitation consult with 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. www.brianvictorlaw.com
San Diego divorce lawyer discusses summer vacation and co-parenting part 2-mediation
In my last blog I discussed the issues of summer vacation and how it becomes difficult making plans when they are co-parenting issues involved.
As a family law attorney in San Diego, I feel it is best for parents to try and resolve issues on their own before bringing a matter to court. One viable option is mediation.
If parents are unable to discuss issues with each other, then as a family lawyer, I have done mediation between parents who are unable to communicate or resolve their issues without further intervention. During a mediation session, I have the parties outline their issues and they discuss them one by one trying to find a resolution to the issues. This can take time and effort, but if the mediation is successful, it can save time and effort in the long run and it keeps the decisions between the parents and not by the court.
With a successful mediation comes my drafting of a stipulated agreement, which gets filed with the court. This is the preferred outcome. If all the issues are unable to be resolved through mediation, then further steps need to be taken, which will be discussed in part three of the series.
To inquire further about more specifics of child custody and visitation consult with 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. www.brianvictorlaw.com
San Diego divorce lawyer discusses summer vacation and co-parenting part 1
It is summer and time for a vacation. You grab the kids and begin your drive for a great time. Sounds simple enough and it usually is unless of course you have a court order dictating when you are allowed to have vacation time with your children. There can be lots of confusion as to what the court order means. There also can be an ex-spouse or partner who is opposed to your plans for summer vacation.
This is the plight that many face when they have been through Family Court. This isn’t the story that everyone with a child custody dispute goes through, but for many parents, this is something they deal with every time they want to take a vacation with their children.
As a family law attorney in San Diego, I see clients deal with this issue a lot especially when there are co-parenting issues involved in the relationship.
My background as a licensed marriage and family therapist as well as a child custody lawyer lends itself to having a particular insight into relationship dynamics especially among couples who are divorced and/or separated.
When clients ask me the first thing they should do when issues arise, I generally tell them to discuss the issue with the other parent if they can before deciding upon continued litigation. I believe it is always in the best interest of the parties for parents to work out the difficulties before a judge has to make a court order. Unfortunately, this does not always work and further steps such as mediation may be necessary. This issue will be discussed in more detail in part two of this series.
To inquire further about more specifics of child custody and visitation consult with 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. www.brianvictorlaw.com
San Diego divorce lawyer discusses prom and divorce part 2
My previous blog discussed the stress prom can provide for children of divorce. As a child custody family law attorney in San Diego, I have seen on many occasions where decisions regarding the prom bring stress and concern to children of divorce especially when it is their parents causing the stress.
The important thing to remember is children of divorce have enough stress due to the fact of the divorce itself and when parents are unable to work together; they make things even more difficult for their children. Prom should be a time for children to enjoy not to be stressed about how their parents are going to cause conflict that could ruin their enjoyment.
As a divorce lawyer, I try to work with my clients to help them resolve areas of conflict as much as possible in order to focus on the best interests of their children. Sometimes court orders need to be made regarding these prom related issues. Other times either the parents working together or both attorneys working together can help resolve these issues.
The important thing to remember is children of divorce have enough stress due to the fact of the divorce itself and when parents are unable to work together; they make things even more difficult for their children. Prom should be a time for children to enjoy not to be stressed about how their parents are going to cause conflict that could ruin their enjoyment.
To inquire further about more specifics of child custody and visitation consult with 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. www.brianvictorlaw.com
San Diego divorce lawyer discusses school prom and divorce part 1
Now that spring has arrived the school year is coming to an end. Besides the usual plans for summer activities for your children, the thought of prom comes to mind. Asking someone or being asked to attend the prom is usually stressful enough. The stress of prom, however, can increase for children of divorce.
As a child custody attorney in San Diego, I have seen on many occasions where decisions regarding the prom become more frustrating and conflicting due to the inability of a child’s parents to co-parent together.
Areas of conflict include; decisions of whether the child is allowed to go to prom, what outfit they are allowed to wear, who they are allowed to ask to attend prom, which parent will be responsible for paying for prom, and which parent will be responsible for the safety of the child on the night of prom.
As a family law attorney and divorce lawyer, I try to point out these issues to my clients and help them focus on the best interests of their children.
To inquire further about more specifics of co-parenting and child custody and visitation consult with 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. www.brianvictorlaw.com
San Diego divorce lawyer discusses the Family Court Services (FCS) process
When parties have a dispute regarding custody and visitation they are required under Family Code section 3170 to participate in a child custody recommending counseling session prior to a court hearing. These sessions occur at Family Court Services (FCS).
I am the only San Diego divorce lawyer with prior work experience as a child custody recommending counselor at Family Court Services (FCS). Based on my firsthand knowledge of the process, I have seen a multitude of parents who come into their FCS session unprepared and underestimate the importance of the Family Court Services mediation session. Child custody recommending counselors are responsible for determining court-ordered custody plans.
As a San Diego divorce lawyer who worked at FCS, I discuss the importance of the FCS process with my clients so they are as prepared as possible for what awaits them when they go through the custody and visitation process. I recognize the power the child custody recommending counselor has over the decisions that get made in court regarding custody and visitation. Should the parents fail to reach an agreement regarding custody and visitation, the child recommending counselor will make a recommendation to the court regarding the parenting plan.
As you can tell from this explanation, the Family Court Services recommendation is a very important component to determining the parenting plan. As a San Diego divorce lawyer, I believe it is extremely important that my clients be as prepared as possible when participating in their session at Family Court Services.
To inquire further about more specifics of Family Court Services consult with 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 FCS preparation. www.brianvictorlaw.com/san-diego-family-court-services-lawyer/
San Diego divorce lawyer discusses important documents for divorce
As a San Diego divorce lawyer, I often get asked what documents are important to have when contemplating a divorce. This question is asked by men and women equally. One thing to consider of course is how much access one has to important documents. Generally, the person who pays the bills has more access to documents than the non-bill paying spouse.
The actual documents which are important to gather when divorcing can vary. For instance if a couple owns property, it would be important to have mortgage information including principle and interest paid and any title papers. For vehicles, it is a good idea to have make and model of the car, loan information, and title papers.
As a divorce attorney in San Diego, I have clients who own businesses and it is important to have those legal documents available for review. Additionally, if a spouse has a 401k plan or other types of retirement, it is important to have as much information about those accounts as possible.
As a family law attorney in San Diego, I do not usually worry too much if the documents are not available at the beginning of the matter. As long as my client has an idea of what assets and debts the parties have, relevant documents can always be obtained later. The most important thing is to gather as much information as possible from the documents that are available.
To inquire further about more specifics of divorce consult with 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. www.brianvictorlaw.com