Palm Desert Family Law Attorney

Spousal support can be a complicated procedure when two people have been pooling income and assets over the course of a marriage. The court takes a wide variety of factors into consideration when determining spousal support. These factors include the length of the marriage, the earnings and/or earning capacity of each partner, the age and health of each partner, debts, property, child custody, and a number of other considerations.

When you have mutually determined that divorce is the only way forward for you and your spouse, financial matters will be a huge concern. That is why it is important to seek knowledge about spousal support matters so that you can plan your future confidently.

Whether you are paying money to your spouse or are receiving it, working with our family law lawyer can help to provide you with a spousal support solution which fits your exact needs. Planning financial matters in advance can help to slightly lessen your worries post divorce.

Child custody is best settled through a mediator when parents can come to an agreement. But if that is not possible, the court will become involved and award joint custody, physical and legal custody, or split custody. Different types of custody arrangements are appropriate for different family situations, and it is crucial to determine what is best for the child or children involved.

When separating couples have children, it is essential to identify how the children will spend time with their parents moving forward. Sometimes, it can be challenging to figure out these details as each parent might want custody of their child. Our family law attorney will consider the best interests of your children and ensure that they are able to live their best lives in the future. Here are some factors which they will consider while preparing your case:

• Physical and mental health of both parents
• Schools that the child shall go to
• Any special needs of the child and who is the best caregiver to meet these needs
• Evidence of parental alcohol, drug or sex/child abuse
• Availability of a stable home environment
• Support from and opportunity to interact with extended family members
• Cultural and religious influences
• Domestic violence patterns at home (when applicable)
• Child’s participation in extracurricular activities

In child custody cases involving more than one child, siblings whose pre-existing custody arrangement is relevant for these proceedings will also be evaluated. If the child is old enough and able to express their wishes, our family law lawyers will consider their preferences to find the most feasible custody arrangement.

Child support modifications often arise when one or both parents undergo a life change. If both parents come to an agreement about a change to a child support order, they can have the change approved by a judge. If parents cannot agree, a court hearing might be necessary to determine a new child support amount.

Visitation rights are based on child custody arrangements and require the creation of a visitation schedule. This visitation schedule should take the parents’ and children’s schedules into account, as well as the future (i.e. holidays, school vacations, birthdays, and unexpected days off from school).

Heath Baker is also well-versed in the visitation rights of grandparents, stepparents, and disabled parents.

Move away orders can be complicated, as not all states recognize a parent’s right to move out of state with a child. Parents are often required to give a certain amount of notice before moving, and the court will take several factors into consideration when considering the move. Reasons such as joining a new spouse or getting a better job are considered good-faith reasons for moving with the child and are generally allowed. Bad-faith reasons, such as moving to diminish contact between the child and the noncustodial parent, will usually lead the court to deny the move away request.

Grandparent custody rights are protected under California law. Grandparents can petition the court for partial custody, full custody, or visitation rights, as well as the legal right to make decisions like the child’s health care, religion, and education.

Legal document preparation can be a very complex and intimidating process. Consulting a qualified family law attorney is the best way to ensure your documents are prepared correctly the first time, and professional document preparation will help you avoid unnecessary delays in your case.

Domestic violence causes hurt, confusion, and unthinkable pain to families. Even a single incident can bring about life-altering changes to a child, a spouse or any other family member. 

In California, abusive behavior, according to domestic violence laws, refers to:

• Sexual assault
• Intentionally or carelessly causing physical hurt to someone
• Stalking, harassment, threats, destruction of property or any act which disturbs peace
• Threats or promises to harm

Our lawyers at Heath Baker Law want you to remain safe from any type of physical, sexual, or emotional pain. If someone has threatened to or is causing harm to you, we can help you get the support that you need to escape a potentially dangerous situation.