Family Law Terms

A legal parent-child relationship established by the court between a child and a parent who is not the child’s biological or birth parent.

Accepting the legal relationship and responsibilities of a parent and child relationship with someone who is 18 years or older.

Guardianship is when an adult, who is not a child’s parent, is legally responsible for the child’s care because the child’s parent is unable to care for them. It may also mean someone manages the child’s money or property if the child has a lot.

The court may appoint counsel to represent the best interest of a child in a family law proceeding on the court’s own motion or if requested to do so.

If you are a parent and your child was removed from the home because of child abuse or neglect, you are now a part of a juvenile dependency case. The court may limit or terminate your parental rights, decide to remove the child from your care, place your child with relatives or in foster care, or require you to engage in family reunification services. It is vital you consult with a child custody lawyer right away.

A marital agreement may be signed before or after the couple is legally married. It typically covers expectations regarding the rights to both partners’ property, businesses, income, inheritance, children, and debts. It can also address issues that are specific to same-sex couples. And couples have the option to revise their rights during their lifetime and even after their death.

An agreement between divorcing or separating parties that establishes the division of assets and liabilities. Arriving at a signed agreement is considerably faster if a marital agreement was signed providing a template for division.

Requires the services of a divorce lawyer and addresses all the same issues as divorce regarding asset division, custody, and support, but the couple remains married though living separate and apart.

Is a strategy that provides the couple with a neutral third-party mediator to help them resolve issues and reach a final settlement agreement. It is typically faster and less expensive than litigation provided both couples are willing to negotiate and compromise. Laughlin Legal has multiple certified mediators providing divorce mediation services to our clients.

Is the approach taken when a couple either won’t or can’t resolve their issues out of court. Each partner retains a divorce attorney to advise and represent them as they try to reach a final settlement agreement. If they cannot, they turn to a judge to resolve the dispute for them in court.

Is the process of determining the status of the assets, then dividing them up equitably between the divorcing spouses. There are generally two categories of assets. Marital assets are those accumulated over the duration of the marriage. Complex property issues can include determining how marital debt or business assets will be divided, valuing and dividing equity-based employee compensation, distinguishing the difference between separate and marital property, and more.

If both parties started a business together, they’re both entitled to a share of the assets as well as a share of the debt arising from that business. If one partner wants to retain the business, the value of the business must be determined by an impartial outside resource, and the partner will have to buy out the other.

Are assets a spouse tries to hide by offering false, misleading, or incomplete information during the discovery phase of divorce.

Is legalese for wasting money so you don’t have to split it with your spouse.

Are those acquired after the marriage but before legal separation or divorce.

Are gifts or inheritances, or assets acquired either before the marriage or after legal separation. Be warned: assets aren’t the only thing considered to be marital. Debt, too, can be divided and shared.

Can be a significant consideration when determining asset division. For instance, claiming children as dependents, or capital gains tax from selling a property.

Formerly known as alimony, is what one spouse may be ordered to pay to the other spouse. This is often one of the most contentious aspects of divorce. Even recipients of spousal support have an obligation to attempt to become self-supporting within a reasonable period.

Refers to the determination of how the parents divide the rights and responsibilities of taking care of their child or children. A good child custody lawyer will tell you there are two types of custody, legal and physical, and advise you on the best options for gaining or retaining custody of your child or children. The legal custodian makes important decisions for the children and their welfare. The physical custodian lives with the children more than 50% of the time.

In California is calculated using a statutory or guideline formula that considers parents’ gross income from all sources, number of children, amount of time children spend with each parent, tax filing status, and special needs of the children. When a parent refuses to pay child support, a child support lawyer either seeks an order for child support or holds the ex-spouse legally responsible for inadequate or missing payments.

Are orders issued by the court – such as temporary child custody orders or temporary spousal support orders – before the case goes to trial to establish boundaries and maintain the family’s status quo until a final divorce and/or custody agreement is entered and approved by the court.

couples have the same divorce rights as any couple, and there may be special considerations with parental and property rights.

To cause or threaten to cause harm to a current or former intimate partner through battery, abuse, coercive control, or neglect. Though prevalent, domestic violence is often difficult to prove in part because abusers can be stealthy but also because physical violence is just one of many forms. For instance, it’s challenging to prove verbal abuse without witnesses.

Physical, sexual, economic, emotional, psychological, cultural/identity, sexual and other coercion and reproductive control

Issued to protect someone, their children, their property, or their pets. Abuse can be emotional or physical. It can happen anywhere, including online. Restraining orders can include: no contact; stay a certain distance away; move out of the home that’s shared with the protected person; not have guns, firearms or ammunition; and others.

California operates on the community property principle when it comes to asset division in divorce: each spouse is entitled to half the marital property unless there’s a signed settlement agreement to the contrary. There are two categories of assets. Community property is property accumulated over the duration of the marriage. Separate property is gifts or inheritances, or assets acquired either before the marriage or after legal separation.

According to selfhelp.courts.ca.gov, if you took out a mortgage to buy a house while married, that debt is community property. You’re both responsible for it. If you bought a car with money that only you earned while married, the car is community property even though the money used to pay for it was earned by you and not your spouse.

Describes any and all family law practiced by an international family lawyer for legal matters with an international element such as one or both of the spouses either born in, possessing citizenship in, married in, living in, and/or owning property in another country, and/or with a child or children either born in, possessing citizenship in, and/or living in another country. International family lawyers

As a skilled international divorce lawyer, Amy Laughlin represents clients in divorce matters where one spouse is living abroad and the other spouse and/or children live in California. In these cases, financial complexities and custody considerations are particularly complicated. We successfully resolve these matters through local and sometimes foreign courts and many times through negotiations between the parties and counsel.

As a result of technological advances in communication and wide accessibility to international travel, there are more international marriages than ever before. When these parties have children, and their marriages end in divorce, complicated international issues abound and often result in contentious custody disputes. Some of the most difficult cases involve one parent’s decision to remove a child from his or her home country or retain the child in a foreign country without the other parent’s consent. In such cases, the parent who has been left behind may invoke the protections of a local court or the Hague Convention to assert their rights. Our office has extensive experience in resolving these complex custody matters.

International clients who intend to marry and want the protection of a prenuptial agreement should always consider the international ramifications. The world is getting smaller and globalizing. International borders matter far less than even ten years ago. Divorce laws are sometimes inequitable and vary widely throughout the world. Our office has extensive experience in negotiating and preparing such agreements when one or both of the parties intend to live outside the United States after marriage.

Refers to the determination of how the parents divide the rights and responsibilities of taking care of their children. A good child custody lawyer will explain the two types of custody, legal and physical, and advise you on your best options for gaining or retaining custody of your children. The legal custodian(s) make important decisions for the children and their welfare. The physical custodian(s) live with the children most of the time and are the primary caregivers. Joint custody means the parents equally share the rights and responsibilities for their children. Sole custody means one parent holds the primary right and responsibility.

Means the parents share the rights and responsibilities for their children. Sole custody means one of the parents primarily has this right and responsibility.

Cases often involve either geographic complexity, for instance a parent who is relocating outside California, or behavioral complexity such as allegations of substance abuse or child abuse, child neglect, domestic violence, mental health disorders, or parental alienation.

Also called paternity, is the status of being a child’s legal parent, whether a natural parent or an adoptive parent. As of 2013, a child may be found to have more than two legal parents.

refers to the amount one parent pays the other for support of their children. In California, it is calculated using a formula that considers parents’ income and certain expenses, number of children, amount of time children spend with each parent, and special needs of the children. Child support agreements rarely deviate from California’s formula but a skilled child support lawyer is still important for helping you successfully seek an order for child support. We can also hold your ex-spouse responsible for inadequate or missing payments.

An order for payments to a spouse before your case is final. A judge can make a spousal support order in a divorce, legal separation, or domestic violence restraining order case. You can ask for a temporary support order as soon as you file the case.

Support orders made at the end of the case. These are also called permanent support orders.

Is a legal way for a 14 to 17-year-old to become free from their parent’s custody and control. In many ways, they are legally like an adult.

Are orders issued by the court – such as temporary child custody orders or temporary spousal support orders – before the case goes to trial to establish boundaries or maintain the family’s status quo until a final divorce and/or custody agreement is signed.

Is an attorney appointed by the court to represent the best interests of a child in family law proceedings. A minor’s counsel lawyer may continue to represent the child in legal matters until the child reaches the age of 18.

Formerly known as visitation, is time set aside for visits with children and a parent. There are 4 different kinds: Scheduled, Reasonable or open ended or without a predetermined schedule, Supervised when there are concerns about the children’s safety and well-being, and No Visitation if there’s a good chance a visit would be emotionally or physically harmful to the children. If parents cannot agree which is best, a judge will decide for them.

A parent is permitted to change where a child lives if it won’t interfere with the current custody and parenting time orders, and they’ve given the other parent notice. If not, the parent will need to ask for a court order before the child can move with them.

Refers to a divorce involving a couple whose income and assets are substantially higher than average. As a result, there’s more to discover, untangle and divide.

A legal paper that lists a person’s wishes about what will happen to his or her property after death.

A person who is designated to inherit when there is a Will.

The person – usually the spouse, domestic partner, or close relative – that the court appoints to manage the estate of a person who dies without a Will. The administrator is also called the personal representative of the estate.

An arrangement where property is given to someone to be held for the benefit of another person.

A trust set up during the life of a person to distribute money or property to another person or organization.

The court process for distributing a dead person’s assets, paying debts owed by the dead person, and settling the financial affairs of people when they die.

A person named in a Will and appointed by the court to carry out the dead person’s wishes.

A legally binding document providing for someone to handle finances and make medical decisions if you cannot do it for yourself.

A legally binding document expressing your healthcare wishes if you are unable to, and naming someone else to make health care decisions for you; a power of attorney for healthcare.

When an incapacitated person does not have a Durable Power of Attorney or an Advance Health Care Directive authorizing someone to make decisions for them, a court may appoint another person to act or make decisions for them.