California family law attorney Bruce A. Mandel has represented clients in family law matters for close to three decades. ‘Family law’ is a general description of our multifaceted law practice. We have the skills and experience to represent clients in a variety of practice areas that fall under the family law umbrella. Keep reading for Part 1 of the types of cases that we handle at the Law Offices of Bruce A. Mandel.
Child Custody
Child custody matters are some of the most important cases that we take on. We represent parents who are working through child custody issues. We help them fight for their parental rights and the health, safety, and welfare of their children.
There are two types of child custody, physical and legal custody. Physical custody determines where the child lives and how much time is spent with each parent. Legal custody has to do with the right to make major decisions for the child, such as decisions about medical care.
Child Support
We also represent parents in establishing, enforcing, and modifying child support orders to protect the health and well-being of their children. Under California law, both parents are responsible for financially supporting their minor children.
California’s child support calculator provides guidance for establishing and modifying child support. Factors to be considered when making child support decisions include the following:
- The amount of time a child physically spends with each parent
- Each parent’s income
- The number of minor children each parent has (together or with other people)
- Healthcare costs
- Costs of childcare
- Costs of education
Community Property
California is a community property state, which means that property acquired during a marriage is considered part of the marital estate and should be divided equally between spouses upon divorce. Property division is often a highly contentious matter between divorcing spouses.
In some cases, divorcing couples have marital agreements in place, which may impact the division of property. Prenuptial agreements and postnuptial agreements are valid in California, but they will not be upheld if they do not comply with California law. See below for more information on prenuptial agreements in California.
We know that property division decisions can have significant impacts on our clients’ financial well-being, and we aggressively advocate for our clients in community property matters.
Divorce
There are many issues to be worked through when couples decide to divorce, and no two divorces are alike. Common divorce terms that must be agreed to by divorcing spouses or determined by a California court include child custody and support, asset and debt division, and spousal/partner support.
Like most states, California is a no-fault divorce state, which means that couples do not need to prove that one spouse’s marital misconduct led to the breakdown of the marriage. Divorcing spouses only need to show that the marriage is irretrievably broken to secure a divorce. We empathize with the difficulties our clients face when they are going through a divorce, and we help them through the process as efficiently as possible.
Paternity
Before child custody and child support matters can be established, paternity must first be established. In some cases, paternity is presumed by the courts, and no additional steps need to be taken. For example, a child born during a marriage is presumed to be the child of both spouses.
In other cases, additional steps must be taken to prove that one person is or is not the child’s parent. For example, when a child is conceived between unmarried people, a paternity action may be filed to establish paternity so that child custody and support matters may be determined.
Prenuptial Agreements
Prenuptial agreements are a type of marital agreement entered into before marriage. Prenuptial agreements can address many issues, including how debts and assets will be divided should the couple decide to divorce. Spousal support is another matter that is commonly addressed in prenuptial agreements.
As mentioned above, prenuptial agreements are recognized and enforced in California so long as they comply with California’s marital agreement laws. For example, prenuptial agreements must be entered into ly and voluntarily by both parties, there must have been full disclosure of debts and assets by both parties prior to executing the contract, and the terms must not be unconscionable.
Torrance Family Law Attorney
If you need a Torrance family law attorney, contact our office at 424-250-9130 or online to schedule an appointment. At the Law Offices of Bruce A. Mandel, we care about our clients, and we represent them in all types of family law matters.
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