Questions Anaheim families ask us

Divorce and legal separation, child custody and visitation, child and spousal support, property division, paternity, domestic violence restraining orders, guardianship, and modifications of existing orders. Most families face several of these at once, and they affect each other.

On the best interest of the child (Family Code Sections 3011 and 3020): the child's health, safety, and welfare, any history of abuse or substance use, and each parent's contact with the child. There is no automatic 50/50; the schedule is built around the child.

At least six months from service of the petition (Family Code Section 2339). Uncontested cases finish soon after; contested property or custody cases commonly take a year or more.

By a statewide guideline formula based on both parents' incomes and the percentage of time each has the children. Spousal support during the case is also formula-based; long-term spousal support is decided on the factors in Family Code Section 4320.

California is a community property state: what was acquired during the marriage is generally split equally, and what was owned before or received by gift or inheritance stays separate. Tracing and characterizing assets is where most disputes happen.

For custody and visitation disputes, yes. Family Court Services mediation under Family Code Section 3170 comes before a contested hearing. What you propose there shapes what the judge sees.

Yes, by filing a request for order. Final judgments generally require a significant change in circumstances; temporary orders and schedule adjustments have a lower bar. Support changes when income or timeshare changes.

It changes everything. A domestic violence finding creates a presumption against custody for the restrained parent (Family Code Section 3044) and affects support. Restraining orders and custody must be handled together from the first hearing.

Family law cases from Anaheim are heard in Orange County family court at the Lamoreaux Justice Center (Family Law), 341 The City Drive South, Orange, CA 92868.

Temporary orders tend to become permanent, financial disclosures are mandatory and unforgiving, and mistakes in a judgment can take years to fix. Attorney Vincent W. Davis has practiced family law in California for over 40 years and can tell you what to expect before you walk in.

For marriages under ten years, support generally lasts about half the length of the marriage. For marriages of ten years or more, the court usually retains jurisdiction indefinitely, though that doesn't mean support is permanent; the supported spouse is expected to become self-supporting within a reasonable time. Amount and duration depend on the Family Code § 4320 factors.

Both sides must disclose everything under penalty of perjury. If we suspect hiding, we use subpoenas, depositions, and forensic accountants to trace it. Assets a spouse deliberately concealed can be awarded 100% to the other spouse (Family Code § 1101), and the court can order the hiding spouse to pay attorney's fees.

Yes. A Request for Order can ask for temporary custody, visitation, child and spousal support, exclusive use of the home, and payment of bills. Hearings are typically set four to eight weeks out; emergency (ex parte) orders are available within a day or two when a child's safety or property is at immediate risk.

Rarely. Children are not brought to hearings. In some cases the court appoints minor's counsel to represent the child's interests, or a custody evaluator interviews the child privately. Children 14 and older may address the court if they wish, but it's arranged through counsel and the judge, not by bringing them to court.

We discuss fees openly at the consultation, including the realistic range for your case and how payments can be structured. In some cases the court can order the higher-earning spouse to contribute to the other spouse's attorney's fees (Family Code § 2030) so both sides are on equal footing.