FAMILY LAW

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Services Rendered

Attorney Salice handles all aspects of Family Law including but not limited to:

- Divorce (Contested/Uncontested) - Legal Separation - Child Custody/Visitation - Child Support  - Spousal Support ("Alimony") - Domestic Violence  - Nullity (Annulment) - Parentage (Paternity) 

    

  

Definitions

1. Divorce - A divorce (also called “dissolution of marriage” or “dissolution of domestic partnership”) ends your marriage or domestic partnership (or both if you are both married and in a domestic partnership with your spouse). California is a “no fault” divorce state, which means that the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong.  To get a no fault divorce, one spouse or domestic partner has to state that the couple cannot get along. Legally, this is called “irreconcilable differences.” After you get divorced, you will be single, and you can marry or become a domestic partner again. 

2. Uncontested Divorce - A divorce in which the parties are able to agree on how to divide their property and share custody of their children, and join together in filing the appropriate paperwork to have the divorce granted.

3. Child Custody 

a. Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent’s duty to care for the child. More specifically when courts need to make decisions about child custody and visitation, they consider what arrangement will be in the child’s Best Interests. 

b. Sole Custody - One parent can have either sole legal custody or sole physical custody of a child. Courts generally won’t hesitate to award sole physical custody to one parent if the other parent is deemed unfit — for example, because of alcohol or drug dependency or charges of child abuse or neglect.

c. Joint Custody - Parents who do not live together, but have joint custody share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer co-habiting, or even if they never lived together. Joint custody may be:  joint legal custody, joint physical custody, or joint legal and physical custody.

d. Physical Custody - This applies when a parent has the right to have a child live with him or her.  This can be joint or sole physical custody. The parent with whom the child primarily lives is called the “custodial” parent.  He or she will have sole or primary physical custody, and the other parent (the noncustodial parent) will have the right to visitation or parenting time with his or her child.

e. Legal Custody - Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing.  For example, a parent with legal custody can make decisions about the child’s schooling, religious upbringing and medical care. This too can be shared (like physical custody).

f. Joint Custody Arrangements - There are various types of joint custody arrangements.  These can include:– alternating months, years, or six-month periods,–- spending weekends and holidays with one parent, while spending weekdays with the other; or alternating holidays every year.

4. Child Support - Child support is the amount of money that a court orders a parent or both parents to pay every month to help pay for the support of the child (or children) and the child’s living expenses.

5. Parentage (Paternity) - In parentage cases, also called “paternity cases,” the Court makes orders that say who the child’s legal parents are. If parents are married when a child is born, there is usually no question about parentage. The law assumes that the husband is the father and the wife is the mother, so paternity is automatically established in most cases. But for unmarried parents, parentage of their children needs to be established legally.

 
Let Attorney Salice guide you during this potentially stressful and emotional time.  Danielle G. Salice, Esq. will represent you with compassion and determination to have your side heard. 

  

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