Request for Change of Custody

Whenever a final custody order has been made, it cannot be modified unless the moving party can show that there has been a change in circumstances. This rule does not apply when the parties want to change visitation time. It applies to the circumstance when one party wants to change joint custody to sole custody or sole custody to joint custody. The court will consider the need for continuity and stability for custody arrangements when it addresses a request for a change in custody. If the minor is doing well, emotional bonds with the primary caretaker will favor maintaining a custody arrangement.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as custody or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Restraining Orders and Guns

Once a restraining order is issued for acts of domestic violence, the person subject to a protective order cannot possess a gun or even ammunition as long as the protective order is in existence. Legally, all guns must be relinquished to the police department, sold, or stored with a licensed firearms dealer until the protection order is lifted. If there is a criminal conviction in addition to the family law restraining order, the prohibition to owning a gun may be permanent.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Domestic Violence and Custody in Orange County

If a court makes a finding that one parent has committed domestic violence against the other parent, there is a rebuttable presumption that the person who committed the acts of domestic violence is not entitled to sole or joint legal or physical custody of the minor children. California Family Code section 3044 allows an offending parent to have joint or sole custody only upon a showing that based upon the preponderance of evidence that type of custody is in the child’s best interest. If the parent fails to make such showing, he or she is entitled to visitation, but not entitled to joint or sole custody.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Modification of Spousal Support in California

After a final order for spousal support has been entered in California, it can only be modified after the following factors have been analyzed: (1) whether or not the paying party has the means to continue to pay spousal support, (2) the needs of each party based upon the marital standard of living, (3) the obligations and assets of the parties; and (4) the hardships that each party is facing. The analysis of these factors will determine whether spousal support will be increased or decreased. The burden is on the moving party to prove that a change in support is warranted in a request for modification of spousal support in Orange County.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Timely Appeals in Family Law Cases

Usually an appeal can only be filed when a final judgment has been entered in a case. Otherwise, one party would appeal at every stage of the divorce process, and there would be numerous appeals in a case. Numerous appeals would lengthen the time to obtain a divorce causing piecemeal litigation. It would also increase the cost of litigation substantially.

The requirement that a final judgment from a trial court be entered before an appeal can be filed renders all issues legally settled. As with many rules, there is an exception to the final judgment rule. When an order is made that is collateral to the main issue, then an appeal must be made immediately. Usually an order may be appealed in family court when an item has been divided and ordered to be distributed. In that situation it is collateral to the main issue which is the divorce of the parties.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Custody and Domestic Violence

There is a presumption that a person who has committed domestic violence against a child or a spouse in the past five years should be prohibited from having joint or sole legal custody or physical custody (California Family Code Section 3044). That presumption may be overcome by a preponderance of the evidence. The perpetrator must show that sole or joint physical or legal custody is in the best interest of the child. However, in a domestic violence situation, the court cannot use as a factor which parent is more likely to foster frequent and continuing contact with the other parent.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as domestic violence and custody  or any other dissolution issue such as child support, spousal support, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Modification of Spousal Support

Once a permanent order for spousal support has been set, it can only be modified upon a showing of a changed circumstance. A changed circumstance can be a decrease in either party’s earnings, an increase in either party’s earnings, or the passage of time in which the supported spouse should have become self-sufficient. It the moving party can prove any of these factors, then spousal support will be adjusted accordingly.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.