Experienced lawyers to give you and your family the advocacy you deserve.
Family Law Services in San Jose
Experienced Legal Counsel for Family Matters in California
According to the state of California, "family law" refers to any terms, rules, and/or relevant court proceedings concerning one or more family members. We recommend you speak with our San Jose attorney if you face a family law matter in California.
Emotions tend to run high in family situations. It is best to have someone not personally involved and only there to look out for you and your loved ones' best interests. For more than a decade, Attorney Nick Cvietkovich has represented clients throughout California. We promise to bring energy, passion, and experience to every case.
Call the Law Offices of Nick Cvietkovich today at (408) 844-4016 or contact us online to learn more about our family law services in San Jose!
Schedule your initial consultation by calling our office at (408) 844-4016 or completing our online form today.
Common Types of Family Law Cases
There are several different areas of family law. The most common areas are divorce, child support, and child custody matters. We understand that family matters tend to be emotional and complicated. Our San Jose lawyer can answer your questions and help you understand the best legal options.
Divorce Issues in California
Are you considering a divorce or legal separation? California only allows "no-fault" divorce. This means that either spouse can file for divorce even if the other spouse contests the divorce. In other words, you do not have to prove that your spouse did anything wrong to get divorced. You can simply state that you had irreconcilable differences.
Though seemingly straightforward, the divorce process is complex and often fraught with turmoil. You and your spouse may need to agree on many difficult matters during this time.
These matters may include:
- child support
- child custody
- parenting plans
- asset division
Remember that the court may also consider certain factors when dividing property or awarding alimony. We recommend that you have an experienced lawyer represent you and your best interests.
Child Custody in California
There are two types of custody options in California: physical and legal. Legal custody refers to a parent's right to take part in major life decisions, such as healthcare, education, or religion. Physical custody refers to a parent's right to spend physical time caring for their children.
If parents disagree on joint custody, the courts will intervene and make that decision. Courts favor joint legal and physical custody whenever possible. Even so, California requires that state judges do what they feel is in the child's best interest. The judge will make an informed decision based on testimony and presented evidence.
The judge may also consider their wishes if the child is old enough. If neither parent is fit for custody, then a family member, such as a grandparent, can be granted custody.
Child Support in California
California legislation is very protective of children. The health and well-being of every child are at the forefront of a judge's mind during child support and custody hearings.
Child support is the monthly payment parents make to help raise children. Typically, the parent who spends the most time with the children (custodial parent) will receive payment from the parent who spends the least time (non-custodial).
Calculating child support is based on California guidelines and a strict mathematical formula. That formula considers the number of children, the amount of time each parent spends with the children, the parents' incomes, and their tax liabilities. Other considerations are made for relevant costs, such as child care, healthcare, and travel expenses.
When determining child support, the court will take the following into account:
- Net disposable income. The judge will consider how much each parent makes after taxes and other deductions.
- Amount of time each parent spends with the child
California Domestic Violence Law Support and Guidance
The Domestic Violence Prevention Act covers various domestic violence matters, including spousal abuse and child endangerment. If you are a victim of domestic violence, the law is on your side. During this difficult time, knowing where you can turn for help is important. Domestic violence encompasses any form of violence, threat, or abuse by a domestic partner.
Common Types of Domestic Violence in California:
- Intimidation
- Stalking
- Physical abuse
- Emotional abuse
- Verbal abuse
- Sexual abuse
Domestic violence matters can impact spousal support or child custody during divorce proceedings. Domestic violence could also affect the division of assets. This is true if the court believes domestic violence factored into giving one spouse an economic advantage.
Do I Need a Lawyer for a Family Law Matter?
No matter what life throws your way, a family law attorney can help. It is best to be safe and have a family lawyer who can verify your best interests are being met.
Trying to represent yourself in a personal and emotional situation like child custody or divorce is not in your best interest. You need an impartial party with extensive family law experience by your side. Our lawyer can guide you through court proceedings, explaining every step.
Comprehensive Domestic Violence Support in Los Angeles
Living in Los Angeles, you have access to a variety of local resources and support systems designed to help victims of domestic violence. The Los Angeles County Department of Public Social Services (DPSS) and the Los Angeles Police Department (LAPD) are key entities that provide immediate assistance and protection. Additionally, the Los Angeles Superior Court offers legal avenues such as restraining orders to ensure your safety.
One of the significant challenges faced by residents in Los Angeles is the high cost of living, which can make it difficult for victims to leave abusive situations. Our family law attorney understands these local economic pressures and can help you navigate the complexities of securing spousal support and child custody, ensuring you and your children are protected and financially stable.
Traffic congestion and the sprawling nature of Los Angeles can also make it challenging to access resources quickly. We are familiar with these local pain points and can provide guidance on the most efficient ways to reach shelters, legal aid, and other support services. Our goal is to make sure you feel supported and informed every step of the way.
Whether you reside in Downtown LA, Hollywood, or the San Fernando Valley, our team is here to offer personalized legal support tailored to the unique needs of Los Angeles residents. We are committed to helping you understand your rights and the local resources available to you, ensuring you can make informed decisions for your future.
What Can You Do if Your Visitation Rights Are Being Violated?
When a parent is not complying with court-ordered visitation arrangements, it can be a stressful and frustrating experience. If a visitation order is being violated, there are several steps that can be taken to protect these rights and ensure compliance.
First, it is essential to review the existing visitation order. Sometimes, orders that are vague or outdated can be difficult to enforce. If the terms are unclear, such as using language like "reasonable visitation," it may be necessary to request a modification for a more specific order. The court can update the schedule with precise dates and times, making enforcement easier.
If the violation continues despite a clear order, the next step may involve filing a contempt action. This legal procedure is designed to hold the non-compliant parent accountable for their actions. In contempt cases, the violating parent could face penalties, including fines or even jail time. However, contempt actions require a significant burden of proof, and it may be beneficial to seek legal representation to navigate this process effectively.
For parents seeking enforcement, mediation might also be an option. Mediation allows both parties to work through issues with a neutral third party to find a solution. While this doesn't guarantee compliance, it can help resolve disputes without the need for further litigation.
In cases where enforcement through the courts is necessary, it’s advisable to consult with an attorney for family court services in San Jose. An attorney can help draft motions, represent the parent in court, and ensure that legal rights are upheld. Taking swift action to address violations can prevent ongoing disruptions and help maintain a stable relationship between the parent and child.
Contact Our Family Law Firm in San Jose Today
If you are unsure whether to hire a family law attorney, never fear — you do not have to decide yet. At Thomas Nicholas Cvietkovich's Law Offices, we provided free initial consultations. During your consultation, Attorney Nick Cvietkovich will sit down with you to discuss your concerns and answer your questions. We will advise you on how to proceed and leave you with a sense of certainty and preparedness to take on your case confidently.
Contact the Law Offices of Nick Cvietkovich today to schedule a consultation with our San Jose family law firm!
Tell Us Your Story
Let Us Protect Your Family
