We do divorce proceedings, separation, child custody and support, visitation, spousal support, modifications and business valuation, asset protection.
Family Law
From custody disputes to divorce proceedings, we will represent you in all facets of family law. Without question, some of the most emotionally-charged issues in all of law fall under the domain of family law. Are you having legal issues regarding marriage, adoption, divorce, or you are seeking custody of children? We focus much of our practice on family law, so we can guide you through your issues no matter what they are.
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Child Custody and Paternity
In California, the court makes child custody determinations based on the best interests of the child. Generally, the court will determine which parent is best able to provide for the child's needs, including health, safety, and overall welfare. The court will also consider whether one parent has been the primary custodial parent in the past or is more likely to promote and provide open, frequent, and continuing contacts between the child and the non-custodial parent.
When faced with difficult or contentious custody or visitation disputes, many courts rely on the testimony of a child custody expert or qualified mental health care professional in making a determination. Alternatively, the court may order partial or full child custody investigations through mediation and investigative services.
Minor's Counsel
In some cases, the court will appoint a lawyer, known as a minor's counsel, to represent the child of divorcing parents. This can prove helpful in instances where a minor child has a preference as to which parent should be the primary custodial parent, or where the parents' wishes conflict with the best interests of the child.
Child Custody Mediations
In most California courts, mediation is required before a court will hear a contested custody or visitation case. The purpose of mediation is to promote collaboration towards a mutually satisfactory custody and visitation arrangement. Mediation is facilitated by a trained social worker, without judicial interference, and outside of the presence of attorneys.
In some counties, mediators can make recommendations to the court. In others, mediation is strictly used as a tool towards reaching a settlement. Most mediation agencies have the ability to recommend the appointment of minor's counsel or recommend a custody evaluation.
Paternity
A paternity case is an action to establish a parental relationship, and can be used to establish parental rights, responsibilities, child support obligations, or to determine and resolve custody and visitation issues.
Paternity cases are most frequently brought between parties who are not married. Often, the actions are brought by either a mother seeking child support or a father seeking to establish contact rights with a child where no marriage ever existed. A county district attorney child support division will sometimes bring a paternity suit in order to obtain and enforce a child support order.
If you are involved in a child custody dispute or would like to establish or contest paternity, seek advice from an experienced Orange County divorce attorney. At Paul J. Nelson & Associates, LLP, we have effectively handled a wide range of child custody and paternity cases. Contact us today.
Located in Newport Beach, California, Paul J. Nelson & Associates, P.C. provides individuals and families throughout Orange County with personalized legal representation in divorce and any other family law issue.
