DIVORCE
CUSTODY
CHILD SUPPORT
PATERNITY
PROPERTY DIVISION
ADOPTION
RESTRAINING ORDERS
SPOUSAL SUPPORT
PRE/POST NUPTIAL
AGREEMENTS
FAMILY LAW
PATERNITY/ CUSTODY/ VISITATION/ CHILD & SPOUSAL SUPPORT
Petition to Establish / Paternity
Response to Parentage/ Paternity Petition
Temporary Custody and/ or Restraining Order
Name Change
Stipulations to Establish Child Custody, Visitation and/ or Child Support
Domestic Violence Restraining Orders
Ex-Parte Applications for Temporary Custody and Visitation Orders
Petition for Dissolution of Domestic Partnership
Telephone:
626-344-8933
IMMIGRATION
Naturalization
Adjustment to Status
DIVORCE/ LEGAL SEPARATION/ ANNULMENT
There are 3 main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through. 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, 1 spouse or domestic partner has to state that the couple cannot get along. Legally, this is called “irreconcilable differences.” After you decide how you want to end your marriage or domestic partnership, you need to plan your case ahead of time. Think about how you are going to handle your case. Planning before you start and talking to a lawyer can save you time and money as you go through the court process. And keep in mind that, normally, it does not matter who is the first to file the divorce or separation case. The court does not give any preference to the first person to file or a disadvantage to the person who responds to the case.
PATERNITY/ CUSTODY/ VISITATION/ CHILD & SPOUSAL SUPPORT
Establishing parentage means obtaining a court order or signing an official Declaration of Paternity that says who the legal parents of a child are. For example, if the parents of a child were not married when the mother became pregnant or when the child was born, the child does not have a legal father until parentage is established. So even if a father can prove he is the biological father of a child, if he was never married to the mother, he does not legally have any rights or responsibilities for the child. For that, parentage must be established legally.
Establishing parentage is necessary before custody, visitation, or child support will be ordered by a court. You can ask the judge for child support or custody and visitation orders as part of a case that establishes the child’s parentage.
• If a person does not admit that he or she is the parent, the court may order the alleged father, mother, and child to submit to genetic testing.
Once a person is established as the father or mother of a child, he or she will have all the rights and responsibilities of a parent:
• He or she will be able to request custody and visitation orders from the court so that he or she can legally visit with his or her child.
• He or she also will be responsible for paying child support and will have to pay half of the uninsured health-care costs for the children and half of the child-care costs that result from the custodial parent getting or having a job or going to school.
If a person is established as a legal parent of a child, that person MUST financially support the child. It is a crime for a legal parent to fail to support his or her child. A legal parent also has the right to get custody or visitation rights related to the child.
Establishing parentage is very important for a child. First, the child gets the emotional benefit of knowing who both of his or her parents are. And, legally, it entitles the child to the same rights and privileges as those of a child whose parents are married.
These legal rights and privileges are:
• Financial support from both parents;
• Legal documentation identifying both parents;
• Having the names of both parents on the child’s birth certificate;
• Access to family medical records and history;
• Health and life insurance coverage from either parent;
• The right to inherit from either parent; and
• The right to receive social security and veteran’s benefits, if available.
Once parentage is established, the court can make orders for child support, health insurance, child custody, visitation, name change, and reimbursement of pregnancy and birth expenses. Without establishing parentage, the court cannot make orders regarding these issues, so if 1 parent needs child support and the other will not pay voluntarily, the court will not be able to order child support until parentage is established.
And even if 1 of the child’s biological parents does not have any money or a job to support the child or does not want to be involved in the child’s life, it is still a good idea to establish parentage. The benefits to a child of establishing parentage go far beyond the financial issues as the list above shows and include things like allowing the child to get child support or health insurance later on, when the other parent gets a job or is in a better financial situation.
Presumed Parents
The law will presume a person is a child’s other parent under the following circumstances (unless proved otherwise to a court). For example, John will be presumed to be the child’s other parent if:
• He was married to the child’s mother when the child was conceived or born;
• He attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the “marriage”;
• He married the mother after the birth and agreed either to have his name on the birth certificate or to support the child; or
• He welcomed the child into his home and openly acted as if the child was his own. This concept is called “parentage by estoppel” and means that the court can find that a man is the legal father, even if he is not the biological father, if he has always treated the child as his own.
The presumptions that apply to married couples also apply to those who entered into a registered domestic partnership after January 2005.
Parents that separate will need to have a plan for deciding how their children will be cared for and where they will live or spend time. Sometimes parents can agree to a parenting plan, and other times they need the help of the court to come up with a plan that is in the best interest of their children. This section will explain the law about custody and visitation (also called "parenting time") of children, and how to ask for a court order, respond to a request, change an existing order, or enforce an order.
In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on. If the parents cannot 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 from Family Court Services.
There are two kinds of child custody:
• Legal custody, which means who makes important decisions for your children (like health care, education, and welfare), and
• Physical custody, which means who your children live with.
Legal custody can be:
• Joint, where both parents share the right and responsibility to make the important decisions about the health, education, and welfare of the children.
OR
• Sole, where only 1 parent has the right and responsibility to make the important decisions about the health, education, and welfare of the children.
Parents with legal custody make decisions or choices about their children’s:
• School or child care
• Religious activities or institutions
• Psychiatric, psychological, or other mental health counseling or therapy needs
• Doctor, dentist, orthodontist, or other health professional (except in emergency situations)
• Sports, summer camp, vacation, or extracurricular activities
• Travel
• Residence (where the children will live)
Parents who share legal custody both have the right to make decisions about these aspects of their children’s lives, but they do not have to agree on every decision. Either parent can make a decision alone. But to avoid having problems and ending up back in court, both parents should communicate with each other and cooperate in making decisions together.
Physical custody can be:
• Joint, which means that the children live with both parents.
• Sole or primary, which means the children live with 1 parent most of the time and usually visit the other parent.
Joint physical custody does not mean that the children must spend exactly half the time with each parent. Usually the children spend a little more time with 1 parent than the other because it is too hard to split the time exactly in half. When 1 parent has the children more than half of the time, then that parent is sometimes called the “primary custodial parent.”
Sometimes, a judge gives parents joint legal custody, but not joint physical custody. This means that both parents share the responsibility for making important decisions in the children’s lives, but the children live with 1 parent most of the time. The parent who does not have physical custody usually has visitation with the children.
Each parent is equally responsible for providing for the financial needs of his or her child. But the court cannot enforce this obligation until it makes an order for support. When parents separate, a parent must ask the court to make an order establishing parentage (paternity) and also ask the court to make an order for child support.
Child support payments are usually made until children turn 18 (or 19 if they are still in high school full time, living at home, and cannot support themselves).
Either parent can ask the judge to make a child support order as part of one of these types of cases:
• Divorce, legal separation, or annulment (for parents who are married or in a registered domestic partnership);
• A Petition to Establish Parental Relationship (for unmarried parents);
• A domestic violence restraining order (for married or unmarried parents);
OR
• A Petition for Custody and Support of Minor Children (for parents who have signed a voluntary Declaration of Paternity OR are married, or registered domestic partners, and do not want to get legally separated or divorced )
When a couple legally separates or divorces, the court may order 1 spouse or domestic partner to pay the other a certain amount of support money each month. This is called “spousal support” for married couples and “partner support” in domestic partnerships. It is sometimes also called “alimony.
In order for spousal or partner support to be legally established and officially start, there must be a court case.
A spouse or domestic partner can ask the judge to make a spousal or partner support order as part of 1 of these types of cases:
• Divorce, legal separation, or annulment; or
• A domestic violence restraining order.
You can ask for spousal or partner support to be paid while your case is going on. This is called a “temporary spousal support order” or a “temporary partner support order.” Support can also be ordered once the divorce or legal separation becomes final, as part of the final divorce or separation judgment. When it is ordered once the case becomes final, it is called “permanent (or long-term) spousal or partner support.”
NAME CHANGES AND AGREEMENTS
The court process of getting a court order after filing a Petition for Change of Name can take up to 3 months. First, you file your petition. Then, you will get a court date between 6 and 12 weeks away. If you follow all the required steps and the court approves your request, you will get a court order called a "decree" changing your name. Some courts are busier than others and this may affect the time it takes to complete your request.
A prenuptial (or premarital) agreement is “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
A postnuptial agreement is a voluntary marriage contract between spouses that is created after their wedding.
We will review the agreement that was presented to you and discuss the importance of controlling parts of the agreement, making suggestions accordingly.
We will draft an amendment to your previously signed agreement if your intentions or other important circumstances have changed. It is recommended that you review your agreement every five years or so make changes as needed.
IMMIGRATION
Whether you need marriage-based adjustment, work visas or deportation defense, our firm provides clients with the confidence that their case will be handled by an attorney who understands their needs.
Based on our initial, in-depth client interviews, we are usually able to explain exactly what petitions and applications will be required and how long the process should take. Because we work efficiently and have deep knowledge of immigration and citizenship procedures, we are able to do many immigration applications for a flat fee - and we can usually tell our clients the amount of the fee at the first meeting.
There are 3 main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through. 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, 1 spouse or domestic partner has to state that the couple cannot get along. Legally, this is called “irreconcilable differences.” After you decide how you want to end your marriage or domestic partnership, you need to plan your case ahead of time. Think about how you are going to handle your case. Planning before you start and talking to a lawyer can save you time and money as you go through the court process. And keep in mind that, normally, it does not matter who is the first to file the divorce or separation case. The court does not give any preference to the first person to file or a disadvantage to the person who responds to the case.
PATERNITY/ CUSTODY/ VISITATION/ CHILD & SPOUSAL SUPPORT
What It Means To Establish Parentage
Establishing parentage means obtaining a court order or signing an official Declaration of Paternity that says who the legal parents of a child are. For example, if the parents of a child were not married when the mother became pregnant or when the child was born, the child does not have a legal father until parentage is established. So even if a father can prove he is the biological father of a child, if he was never married to the mother, he does not legally have any rights or responsibilities for the child. For that, parentage must be established legally.
Establishing parentage is necessary before custody, visitation, or child support will be ordered by a court. You can ask the judge for child support or custody and visitation orders as part of a case that establishes the child’s parentage.
• If a person does not admit that he or she is the parent, the court may order the alleged father, mother, and child to submit to genetic testing.
Once a person is established as the father or mother of a child, he or she will have all the rights and responsibilities of a parent:
• He or she will be able to request custody and visitation orders from the court so that he or she can legally visit with his or her child.
• He or she also will be responsible for paying child support and will have to pay half of the uninsured health-care costs for the children and half of the child-care costs that result from the custodial parent getting or having a job or going to school.
If a person is established as a legal parent of a child, that person MUST financially support the child. It is a crime for a legal parent to fail to support his or her child. A legal parent also has the right to get custody or visitation rights related to the child.
Reasons To Establish Parentage
Establishing parentage is very important for a child. First, the child gets the emotional benefit of knowing who both of his or her parents are. And, legally, it entitles the child to the same rights and privileges as those of a child whose parents are married.
These legal rights and privileges are:
• Financial support from both parents;
• Legal documentation identifying both parents;
• Having the names of both parents on the child’s birth certificate;
• Access to family medical records and history;
• Health and life insurance coverage from either parent;
• The right to inherit from either parent; and
• The right to receive social security and veteran’s benefits, if available.
Once parentage is established, the court can make orders for child support, health insurance, child custody, visitation, name change, and reimbursement of pregnancy and birth expenses. Without establishing parentage, the court cannot make orders regarding these issues, so if 1 parent needs child support and the other will not pay voluntarily, the court will not be able to order child support until parentage is established.
And even if 1 of the child’s biological parents does not have any money or a job to support the child or does not want to be involved in the child’s life, it is still a good idea to establish parentage. The benefits to a child of establishing parentage go far beyond the financial issues as the list above shows and include things like allowing the child to get child support or health insurance later on, when the other parent gets a job or is in a better financial situation.
Presumed Parents
The law will presume a person is a child’s other parent under the following circumstances (unless proved otherwise to a court). For example, John will be presumed to be the child’s other parent if:
• He was married to the child’s mother when the child was conceived or born;
• He attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the “marriage”;
• He married the mother after the birth and agreed either to have his name on the birth certificate or to support the child; or
• He welcomed the child into his home and openly acted as if the child was his own. This concept is called “parentage by estoppel” and means that the court can find that a man is the legal father, even if he is not the biological father, if he has always treated the child as his own.
The presumptions that apply to married couples also apply to those who entered into a registered domestic partnership after January 2005.
Parents that separate will need to have a plan for deciding how their children will be cared for and where they will live or spend time. Sometimes parents can agree to a parenting plan, and other times they need the help of the court to come up with a plan that is in the best interest of their children. This section will explain the law about custody and visitation (also called "parenting time") of children, and how to ask for a court order, respond to a request, change an existing order, or enforce an order.
In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on. If the parents cannot 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 from Family Court Services.
There are two kinds of child custody:
• Legal custody, which means who makes important decisions for your children (like health care, education, and welfare), and
• Physical custody, which means who your children live with.
Legal custody can be:
• Joint, where both parents share the right and responsibility to make the important decisions about the health, education, and welfare of the children.
OR
• Sole, where only 1 parent has the right and responsibility to make the important decisions about the health, education, and welfare of the children.
Parents with legal custody make decisions or choices about their children’s:
• School or child care
• Religious activities or institutions
• Psychiatric, psychological, or other mental health counseling or therapy needs
• Doctor, dentist, orthodontist, or other health professional (except in emergency situations)
• Sports, summer camp, vacation, or extracurricular activities
• Travel
• Residence (where the children will live)
Parents who share legal custody both have the right to make decisions about these aspects of their children’s lives, but they do not have to agree on every decision. Either parent can make a decision alone. But to avoid having problems and ending up back in court, both parents should communicate with each other and cooperate in making decisions together.
Physical custody can be:
• Joint, which means that the children live with both parents.
• Sole or primary, which means the children live with 1 parent most of the time and usually visit the other parent.
Joint physical custody does not mean that the children must spend exactly half the time with each parent. Usually the children spend a little more time with 1 parent than the other because it is too hard to split the time exactly in half. When 1 parent has the children more than half of the time, then that parent is sometimes called the “primary custodial parent.”
Sometimes, a judge gives parents joint legal custody, but not joint physical custody. This means that both parents share the responsibility for making important decisions in the children’s lives, but the children live with 1 parent most of the time. The parent who does not have physical custody usually has visitation with the children.
Each parent is equally responsible for providing for the financial needs of his or her child. But the court cannot enforce this obligation until it makes an order for support. When parents separate, a parent must ask the court to make an order establishing parentage (paternity) and also ask the court to make an order for child support.
Child support payments are usually made until children turn 18 (or 19 if they are still in high school full time, living at home, and cannot support themselves).
Either parent can ask the judge to make a child support order as part of one of these types of cases:
• Divorce, legal separation, or annulment (for parents who are married or in a registered domestic partnership);
• A Petition to Establish Parental Relationship (for unmarried parents);
• A domestic violence restraining order (for married or unmarried parents);
OR
• A Petition for Custody and Support of Minor Children (for parents who have signed a voluntary Declaration of Paternity OR are married, or registered domestic partners, and do not want to get legally separated or divorced )
When a couple legally separates or divorces, the court may order 1 spouse or domestic partner to pay the other a certain amount of support money each month. This is called “spousal support” for married couples and “partner support” in domestic partnerships. It is sometimes also called “alimony.
In order for spousal or partner support to be legally established and officially start, there must be a court case.
A spouse or domestic partner can ask the judge to make a spousal or partner support order as part of 1 of these types of cases:
• Divorce, legal separation, or annulment; or
• A domestic violence restraining order.
You can ask for spousal or partner support to be paid while your case is going on. This is called a “temporary spousal support order” or a “temporary partner support order.” Support can also be ordered once the divorce or legal separation becomes final, as part of the final divorce or separation judgment. When it is ordered once the case becomes final, it is called “permanent (or long-term) spousal or partner support.”
NAME CHANGES AND AGREEMENTS
The court process of getting a court order after filing a Petition for Change of Name can take up to 3 months. First, you file your petition. Then, you will get a court date between 6 and 12 weeks away. If you follow all the required steps and the court approves your request, you will get a court order called a "decree" changing your name. Some courts are busier than others and this may affect the time it takes to complete your request.
A prenuptial (or premarital) agreement is “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
A postnuptial agreement is a voluntary marriage contract between spouses that is created after their wedding.
Review of Prenuptial, Postnuptial Agreements
We will review the agreement that was presented to you and discuss the importance of controlling parts of the agreement, making suggestions accordingly.
Amendment of Prenuptial, Postnuptial Agreements
We will draft an amendment to your previously signed agreement if your intentions or other important circumstances have changed. It is recommended that you review your agreement every five years or so make changes as needed.
IMMIGRATION
Whether you need marriage-based adjustment, work visas or deportation defense, our firm provides clients with the confidence that their case will be handled by an attorney who understands their needs.
Based on our initial, in-depth client interviews, we are usually able to explain exactly what petitions and applications will be required and how long the process should take. Because we work efficiently and have deep knowledge of immigration and citizenship procedures, we are able to do many immigration applications for a flat fee - and we can usually tell our clients the amount of the fee at the first meeting.
Meisa Banh
IMMIGRATION LAW
@Copyright Law Offices of Meisa Banh
E-mail:
info@banhlaw.com
Address:
801 S. Garfield Avenue, Suite 100B, Alhambra, CA 91801
Legal Documents
If you do not require legal representation, but need to file legal documents with the court, we also offer cost effective document preparation services. We can prepare and file all of your legal documents for a flat fee.
The services listed below are a sample of the documents we can prepare for you. Please reach out to us if there is a service you need that is not listed below and we will provide you with pricing.
Law Offices of
Law Offices of Meisa Banh
DIVORCE/ LEGAL SEPARATION/ ANNULMENT
Annulment
Divorce (Dissolution)
Legal Separation
Summary Divorce (Dissolution)
Response to Divorce / Dissolution
FAMILY PETITIONS
REMOVAL/DEPORTATION
PROCEEDINGS
VISA APPLICATIONS
ASYLUM APPLICATIONS
ADJUSTMENTS OF STATUS
NATURALIZATION INTERVIEWS
VAWA (Violence Against Women Act) APPLICATIONS