San Diego Family Law

When can a court modify child custody and visitation in San Diego?

Tara — Tue, 02 Oct 2007 15:31:13 +0000

Generally speaking, as long as a child is still under age 18, the court has the power to change custody or visitation schedules whenever modification is “necessary or proper” and in the child’s best interests. But, if there is already an existing final custody/visitation order in place, the court will require proof of a significant change of circumstances affecting the child and proof that modification is essential to the child’s welfare. This extra requirement applies in all California courts, including San Diego. The standard is similar in most states in the United States.

The reason for the extra requirement of significant change of circumstances applies because courts want their orders to be final. If court orders could be changed at any time, the orders would not be taken seriously and the courts would be burdened far beyond their capacity.

Every case must be looked at individually to determine whether there is actually a significant change of circumstances. A lawyer can research a large number of cases to determine how courts have ruled in the the past. Using this information, a lawyer can create a persuasive argument for or against a modification. In most cases, modification orders are complicated and require the assistance of counsel.

What is “guideline child support” and how do I find out how San Diego courts make “guideline” calculations?

Tara — Fri, 28 Sep 2007 16:47:24 +0000

“Guideline child support” refers to the assumed amount of a parent’s legal obligation to contribute to the economic maintenance and education of a child. This assumed amount of child support is defined by statute and considers who is the custodial parent, how much time the child spends with each parent and the various assets and liabilities of the parties. To get an idea of how guideline support calculations work, visit the link below. As the website says, “The California Guideline Child Support Calculator is based on California Child Support Guidelines and can be used to estimate the amount of child support that may be ordered in your case.” As with most things in the law, a court can adjust the guideline support payments to fairly account for the specific facts in a case.

https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator#

Because guideline support payments require a solid understanding of tax and accounting issues, it is usually a good idea to consult an attorney if you are a party to a matter involving child support.

What factors do courts take into account when deciding who gets custody of the children?

Tara — Thu, 27 Sep 2007 16:48:29 +0000

The golden standard for determining which co-parent gets custody of a child is “best interest of the child.” However, this description is purposely vague. The reason for the vague definition is to allow courts to consider the details of every case. In California though, family courts must consider specific factors when determining the “best interest” a child.

The health, safety, and welfare of the child.
That children have frequent and continuing contact with both parents after the parents have separated, except where the contact would not be in the best interest of the child.
Any history of abuse by one parent or any other person seeking custody against a child, the other parent or other members of the household.
The nature and amount of contact with both parents (certain exceptions apply)
The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.

Numerous books, articles and case decisions directly address the definition of “best interests.” Since the definition depends so heavily on the particular facts in a given case and their application to existing law and policy, it is advisable to contact a lawyer to help you with your particular situation.

Definition of a minor’s non-parental guardian under California law

Tara — Wed, 26 Sep 2007 19:04:20 +0000

A child’s “guardian,” under California law is a person who stands in place of the child’s parent. This means that a guardian has many of the same rights and responsibilities as a natural parent. Generally speaking, a guardian is responsible for the care of the child and is not allowed to delegate those responsibilities out to others on a long-term basis.

In San Diego, guardianships are created in the Family Court or the Probate Court, depending on the nature of the situation. Each type of guardianship has specific requirements that the person seeking to become guardian must prove. Generally, the person seeking guardianship must prove that such an arrangement serves the needs and best interest of the child. Depending on the type of legal control the person seeking guardianship needs, there are different types of arrangements, including financial and physical guardianship.

After a court establishes a guardianship, there are certain ongoing requirements depending on the specific court order. In many cases, the guardian is required to submit regular reports informing the court on the status of the child and/or assets held in the child’s name.

Finally, the court has the power to terminate a guardianship. This can occur at the child’s age of majority (normally age 18) or at any other time where termination becomes necessary under California law.

Obtaining, maintaining and terminating a guardianship is an intensive process. Generally, it is best to consult with a lawyer to at least determine your rights and a recommendation for which type of guardianship to obtain and how to proceed. In most cases, you will need the services of a lawyer to help you navigate the complicated procedural aspects of obtaining a guardianship.

How to Schedule a New Client Consultation

Tara — Wed, 03 Jan 2007 12:00:06 +0000

For most people the first step they take in getting divorced is contacting a divorce lawyer. We understand that this can be one of the most difficult and emotional steps about moving forward with your divorce. For this reason, we try to make initial consultations as easy and convenient as possible. To set up a brief telephone consultation, simply call us at: 619-521-5700

Please be advised, however, that the act of calling the Law Offices of Tara L. Grabarczyk (or any specific attorney) does not alone create an attorney-client relationship. Please note that no attorney-client relationship is created with the firm unless there is an express agreement between the firm and the client. The mere receipt by the firm of a phone call does not create an attorney-client relationship. Do not send information you consider privileged or confidential via any means until requested to do so in writing by a member of the firm. You are urged to consult an attorney concerning your particular factual situation and any specific legal questions you may have.

We also urge you to read this article before calling. Many of the same principles apply to our office.

About the Law Offices of Tara Grabarczyk

Tara — Tue, 02 Jan 2007 12:00:32 +0000

The Law Offices of Tara Grabarczyk opened at the start of 2007 with the goal of providing assertive and attentive representation in family law matters throughout San Diego county. Our practice is focused exclusively on family law.

About Tara Grabarczyk

Tara — Mon, 01 Jan 2007 12:00:53 +0000

Tara L. Grabarczyk (pronounced Grah-bar-zik) founded the Law Offices of Tara L. Grabarczyk in January 2007. Ms. Grabarczyk handles family law matters exclusively and serves clients throughout San Diego County. Prior to forming the firm, Ms Grabarczyk spent over 5 years as a family law attorney for the Law Offices of Cheryl K. Daily.

Ms. Grabarczyk holds a degree in Criminal Justice from Indiana University. Ms Grabarczyk graduated from DePaul University School of Law (Chicago, Ill.) as a dean’s scholar in 2001. Shortly after graduating law school, Ms. Grabarczyk was admitted to the State Bar of California on first examination. Ms. Grabarczyk is licensed to practice before all California state courts and Federal Courts in the Southern District of California. Since that time, Ms. Grabarczyk has practiced exclusively family law, serving as a Judge Pro Tem and a member of the Family Law Settlement Panel. Additionally, she volunteers her time as a Teen Court attorney mentor.

Ms. Grabarczyk is active in professional organizations including the California Bar Association, San Diego Bar Association, Foothills Bar Association, and Lawyer’s Club of San Diego.

How to Contact Us

Tara — Mon, 01 Jan 2007 12:00:21 +0000

Law Offices of Tara L. Grabarczyk
3550 Camino Del Rio North, Suite 204
San Diego, California 92108

Map and Driving Directions
Telephone: 619.521.5700

tara@familylawofsandiego.com

We welcome the receipt of electronic mail. Please be advised, however, that the act of sending electronic mail to the Law Offices of Tara L. Grabarczyk, or a specific attorney, does not alone create an attorney-client relationship. Communications via this web site do not establish an attorney-client relationship. Please note that no attorney-client relationship is created with the firm unless there is an express agreement between the firm and the client. The mere receipt by the firm of an email does not create an attorney-client relationship. Do not send information you consider privileged or confidential via any means until requested to do so in writing by a member of the firm. You are urged to consult an attorney concerning your particular factual situation and any specific legal questions you may have.

Disclaimer

Tara — Mon, 01 Jan 2007 12:00:17 +0000

The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

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Attorney Advertising

Tara — Mon, 01 Jan 2007 12:00:13 +0000

This web site may be considered advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise.

All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. Before you decide to retain us, ask us to send you free written information about our qualifications and experience.

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