Domestic Violence Restraining Orders

FACLC will help a victim of domestic violence obtain a restraining order, regardless of income or ability to pay. We prepare the paperwork to obtain a temporary restraining order, and will accompany her or him to court for the “permanent” restraining order hearing.

If you have an emergency, contact your local police department to obtain an Emergency Protective Order. If the alleged batterer is charged with a crime, the Criminal Court may issue a criminal protective order.

Dissolution of Marriage (Divorce)

Divorce, also called dissolution of marriage or dissolution of domestic partnership, ends your marriage or domestic partnership. If you get divorced, you can ask the judge for child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, and division of property. After you get divorced, you will be single, and you may marry or become a domestic partner again.

Legal Separation

This action is similar to a divorce, but the parties remain married. A legal separation does not end a marriage or domestic partnership. You can't marry or enter into a partnership with someone else if you are legally separated and not divorced. A legal separation is for couples who don't want to get divorced but want to live apart and decide on money, property, and parenting issues. Couples sometimes prefer separation for religious reasons.

Paternity

This action can involve child support, child custody and visitation, as well as the establishment of paternity through DNA testing.

Child Custody & Visitation

Parents who separate will need to have a plan for deciding how they will share and divide their parenting responsibilities. This plan can be called a parenting plan, a time-share plan, or an agreement regarding child custody and visitation. Any plan must be in writing and signed by both parents and a judge.

In California, either parent may have custody, or the parents may share custody. The judge makes the final decision but usually will approve the arrangement both parents agree upon. If the parents can't agree, the judge will make a decision at a court hearing. The judge will usually not make a decision about custody and visitation until after the parents have met with a mediator.

FACLC helps clients file motions (papers to obtain court hearings) for new or modified custody or visitation orders.

Child Support

Child support is the amount of money the court orders one parent to pay the other parent every month for the support of children. California has a guideline for figuring out how much child support should be paid in all cases.

Child support payments are usually made until children turn 18, or 19 if they are still in high school fulltime, living at home, and can't support themselves. Parents may agree to support a child longer. The court also may order that both parents continue to support a disabled adult child who is not self-supporting.

You may ask the judge to make a child support order when you:

Either parent can later ask the judge to change the amount if the situation changes.

A client may need an attorney to obtain a child support order in an amount that complies with the state guideline. If parents can't agree on child support, the judge will decide the child support amount based on the guideline calculation, which depends on these and other factors:

Child support can also include the cost of such special needs as traveling for visitation from one parent to another and educational expenses.

Spousal Support

You can ask for spousal or partner support to be paid while your case is underway. This is called a temporary spousal support order or a temporary partner support order. Marin County has a formula for calculating the amount of a temporary spousal or partner support order. FACLC can prepare the motions to help a client ask the court to hear the case.

The judge will not use a formula to determine how much spousal or partner support to order at the end of your case, called the final judgment. When the judge makes the final order, the judge must consider these factors in the California Family Code:

Guardianship

Guardianship is a court proceeding in which a judge gives someone who is not the parent custody of a child, or the power to manage the child's property, or both. FACLC helps clients obtain guardianships of minors. We're often appointed by the court to represent minors in contested guardianship hearings.

Uncontested Stepparent Adoption

FACLC assists clients in terminating the parental rights of an absent or non-contesting parent to allow a client to adopt his or her stepchild. The law also recognizes domestic partners for stepparent adoptions.

Name Change

If you wish to change your name, we can assist you with the legal paperwork necessary to do so.

Emancipation

Emancipation is a legal way for children to become adults before they're 18. FACLC will consult with teens interested in emancipating, and will prepare the paperwork to assist in obtaining emancipation.

Once a child is emancipated, his or her parents don't have custody or control anymore. An emancipated child can do some things without a parent's permission, such as:

An emancipated child gives up the right to parental support, must attend school, can't get married without parental permission, and will be tried in juvenile court for breaking the law.