Family Law

At Tomassian, Pimentel & Shapazian, our lawyers handle family law issues for individuals and families in the California counties of Fresno, Kings, Madera, and Tulare.

Our family law practice deals with vital issues in divorce, such as child custody, child support, and spousal support.  We also help stepparents and families with adoptions through agencies or independent avenues.

Property Division

In a divorce, community property is divided equally between the parties.  Community property refers to any assets acquired or income earned during the marriage, except for property acquired by one spouse alone through a gift or inheritance.  The main issues in property division are the characterization of each asset as either community property or separate property, and the proper valuation of each community asset.  These issues can be incredibly complex and require the assistance of an experienced attorney familiar with the financial and legal intricacies of this area of law.

Child Custody

The court begins with a presumption in favor of joint custody but may grant sole custody if it is in the best interests of the child, such as if the child's gender makes it more appropriate to live with one parent, or if there is any history of abuse or domestic violence by one parent.  Even where one parent is granted sole custody, the non-custodial parent is usually granted visitation rights, although the court may order the visitation to be supervised by an agency or another adult. 

Besides the issue of physical custody, the court will also determine who has legal custody of the child, which refers to the right to make decisions regarding the child's upbringing in educational, medical, religious, and other areas. 

Support and Modification

Spousal support (alimony) is awarded depending upon factors such as the length of the marriage and the earning capacity and needs of each spouse.  Spousal support may last for a definite term or until the death or remarriage of the recipient, and is often awarded with the intention that the spouse will eventually become self-supporting. 

Child support may be ordered to be paid by either one or both parents.  The amount of support is determined according to a guideline that looks at factors such the earning capacity of each parent, the number of children to be supported, and the percentage of time spent with the children by each parent.  Child support in most cases lasts until the child turns 18. 

Either party may approach the court for modification of a support order when a change in circumstances justifies a change in support.  Changed circumstances can include changes in the income of either the provider or recipient of the support, or changes in the needs of the recipient.

Collaborative Law

Divorces can be difficult, emotional experiences, but they do not have to be traumatic or embitter the former spouses for years to come.  If both parties and their attorneys are of the proper mindset, divorce issues can be resolved through an amicable process instead of a hearing in court.  Known as collaborative law, this process is more akin to a negotiation or mediation, but with full disclosure and a commitment to a fair settlement that is satisfactory to both sides.  Our attorneys are trained in the collaborative model and urge you and your spouse to consider this option when it is appropriate.

Pre-nups and Post-nups

Known as premarital agreements under California law, pre-nuptial agreements set out in advance of marriage how property division and spousal support issues will be resolved in the event of a divorce.  In order to be valid, the agreement must be voluntarily agreed to by both parties after a full and fair disclosure of assets and debts.  Also, both parties must be represented by independent legal counsel or have the opportunity to consult with an attorney before signing.  A similar agreement may also be made during the marriage but before any legal separation or divorce (a post-marital agreement). 

Domestic Partnerships

Regardless of the status of same-sex marriage in California, the laws allowing domestic partnerships remains on the books unchanged.  Couples may register with the state as domestic partners, and as such have the same rights, protections, and benefits (and duties, obligations, and responsibilities) which are granted to spouses under the law.

We can help determine if you are eligible for a domestic partnership, and can assist in the legal process of forming or terminating a domestic partnership.

Adoption

When a couple marries and one spouse already has a child, the other spouse may want to legally adopt the child.  If the other birth parent is living, that parent must consent to the adoption, unless the birth parent has abandoned the child for over a year and has not had any contact with the child or paid any child support during that time.  An adoption by the stepparent terminates the parental rights of the birth parent at the same time that it grants legal status and all parental rights and responsibilities to the stepparent. 

We also regularly assist childless clients seeking to adopt a child through an adoption agency or other independent means.

If you are contemplating a divorce or seeking an adoption, or need to challenge a proposed adoption, contact the family law attorneys at Tomassian, Pimentel & Shapazian today for a free consultation.