Family Law Expanded
When you get a divorce in Fresno County, you are required to make important decisions about complicated aspects of your life. Many times, these decisions require insight and knowledge that you just don’t have. This situation can become more stressful when you and your spouse cannot agree to the terms of your divorce. If you are having difficulty negotiating the complicated details of your divorce, but want to avoid going to court, a collaborative agreement may be right for you.
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Contact the Moran Law divorce attorneys for more personalized information.
Child Custody comes in two forms, Physical Custody & legal custody. These two very different types of custody mean that while both parents may have joint legal custody of their children, it is possible that primary physical custody is awarded to only one parent. Our attorneys have the experience and will work directly with you to make the best arguments for your unique situation.
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In the state of California, courts presume that it is in the best interests of the children for both parents to take an active role in the upbringing of their children. This generally leads to joint legal custody by both parents. While one parent may have primary physical custody, the other parent will have visitation rights.
The Moran Law Firm is full-service, we will help you negotiate arrangements that will allow you and the other parent to maintain a substantial role in your child’s life.
There is a presumption of joint custody in California, but it may not be appropriate in every circumstance. For instance, if you have a restraining order against the other parent or believe that your child’s safety is threatened, we can file emergency petitions to ensure that your children are protected.
The California Legislature adopted an algebraic formula to calculate child support on July 1, 1992. Child Support is determined by a distinct calculation set forth under California law which uses the net income of the parents along with the parent’s visitation time to determine the amount of child support the supporting parent must pay. Most courts and legal practitioners use a software program to perform the algebraic formula called the Dissomaster to determine the calculation
The two kinds of spousal support are “temporary” (pendente lite) and permanent.
Temporary Spousal Support
Temporary is set at the beginning of the case and lasts until further order of court, trial or settlement. Temporary spousal support is set at a very short court hearing, usually 20 minutes or less. For temporary spousal support, the judge just runs a guideline calculation using software or looking at a schedule. Permanent spousal support does not mean that the support last forever. It just means that the factors of FC 4320 are taken into account. When setting permanent spousal support, the judge can’t use the guideline calculations for any purposes.
Permanent Spousal Support
Permanent spousal support does not mean that the support last forever. It just means that the factors of FC 4320 are take into account. When setting permanent spousal support, the judge can’t use the guideline calculations for any purposes. “Neither local spousal support schedules nor temporary spousal support computer programs may be used to fix “permanent” spousal support. Indeed, they cannot even be used as a “benchmark” or “launching point” for permanent spousal support because the requisite weighing of the Ca Fam 4320 factors, as applied to the unique circumstances of each case, cannot be quantified in a standardized support schedule or computer program. [Marriage of Burlini (1983) 143 Cal.App.3d 65, 69, 191 Cal.Rptr. 541, 543; Marriage of Olson (dissolution) 14 Cal.App.4th 1, 9, 17 Cal.Rptr.2d 480, 486 Marriage of Zywiciel (inexpensive) 83 Cal.App.4th 1078, 10. The simplest factor of 4320 is the ï¿½ the term of marriage one. A lot of people just focus on this factor for spousal support because it is the easiest to understand and apply.
The Moran Law Firm aggressively pursues or defends Abduction/No Relocation Orders as they are not taken lightly and are very serious matters.
If you are a parent whose child has already been taken, our office will contact the local District Attorney’s Office, as well as the local law enforcement. We would then immediately go to court and file a No-Notice Ex Parte Petition.
Obtaining an abduction order with the court is granted based on a threat a parent has given to take the child out of state or out of the county. That abduction order can then be registered with the police department, so law enforcement is on notice that an abduction could possibly take place. The Moran Law Firm does not take this matter lightly and will aggressively pursue anyone who has illegally relocated with the minor child.
As a notice to all parents who think an abduction may take place, a word of advice is to file your petition with the court immediately and serve the other side. The Summons will enforce what are called Temporary Restraining Orders and one of which is that the parent cannot relocate with the child. If a parent has already left BEFORE you filed the Petition and had him/her served with the Summons then the courts cannot find the party in violation of any laws and the chances of an order for the parent to relocate back to CA immediately is harder.
If you believe that your child is in threat of an abduction or out of state relocation without your consent, please call us immediately.
Grandparents can be an essential part of a family. In addition to providing much-needed babysitting and childcare services, grandparents are often a frequent source of advice and emotional support. Some grandparents also play a significant financial role in their extended families. What happens when parents decide to get divorced? Do grandparents have any rights to see or contact their grandchildren? Can grandparents request custody if they don’t think the parents are fit?
High-net-worth divorces often involve complex assets such as 401ks, multiple bank accounts, stocks, property, and ownership interest in a business. To assist our clients, we decided to put together a list of the most frequently asked questions regarding high-net-worth divorce situations. If you have more questions, call The Moran Law Firm for a consultation.