Family Law Statutes: Civil Cases In California

Family law statutes in California cover a wide range of topics, including divorce, child custody, visitation, spousal support, and more. While family law statutes primarily address issues arising from family relationships, it is not clear whether they apply to civil cases in California. To determine the applicability of family law statutes in civil cases, one must consider the specific circumstances of the case, the nature of the legal claims being made, and the relevant state laws and court procedures.

Child custody and visitation

When a couple with children separates, divorces, or ends their relationship, they will need a parenting plan. This is a legal document that outlines the custody and visitation arrangements, also known as parenting time, that the parents have agreed upon. It is detailed and sets out consistent times for the child to be with each parent on a day-to-day basis, as well as holidays and vacations. It can also include a schedule for the dates and times that the children will be with each parent.

There are two types of custody: legal and physical. Legal custody refers to the parent who will make decisions about the child's health, safety, education, and welfare. Sole legal custody means that one parent has the right and responsibility to make these decisions, while joint legal custody means that both parents share the decision-making rights and responsibilities. Physical custody, on the other hand, determines where the children will reside. Sole physical custody means the children live with and are under the supervision of one parent and have visitation with the other, while joint physical custody means the children reside with both parents, ensuring frequent and continuing contact with both.

If parents cannot agree on a parenting plan, the court will decide based on the child's "best interest". Mediation can be scheduled at any time, or the court will automatically schedule it when one parent files papers requesting custody and/or visitation orders. A professional mediator assists the parents in reaching an agreement regarding custody, visitation, and parenting issues. If parents cannot reach an agreement, or only a partial agreement, the court will address the remaining issues at a hearing.

To request a change in custody and/or visitation orders, one parent must complete and file a Request for Order form with the court clerk. The court clerk will then set an appointment for mediation, after which a hearing date will be set. At the hearing, the judge will review any agreements reached and consider the new circumstances before deciding whether to modify the arrangements.

In situations where a child's safety and well-being are at risk, supervised visitation may be ordered. This means that visits with the other parent are supervised by another adult or a professional agency. If contact with a parent would be harmful to the child, the court may order that no visitation be allowed.

Child support

Family law statutes do apply to civil cases in California, and one of the most important aspects of family law is child support. Child support is the monthly monetary amount that a court orders one or both parents to pay to provide for their child's living expenses. Both federal and state laws in California affirm that both parents are responsible for supporting their children financially. Child support may be requested by either parent or the person with legal or physical custody of the child. If the parents are not married, paternity must be established before support can be requested.

In addition to the basic child support amount, parents may be required to contribute to specific expenses, such as childcare costs, uninsured health care expenses, educational needs, and travel costs for visitation. These additional costs are typically shared equally by both parents, but a judge may adjust the allocation based on their respective incomes and circumstances. Child support in California generally continues until the child turns 18 or 19 if they are still a full-time high school student. However, parents may agree to extend support beyond this age, such as contributing to college expenses.

Spousal support

There are two types of spousal support: temporary and permanent. Temporary support is spousal support that is ordered while a divorce is pending. It does not expire, nor is there a set period for how long it will be provided. Permanent spousal support, or "post-divorce judgment" support, is based on a set of 14 different factors, including the length of the marriage and the marital standard of living.

The purpose of temporary spousal support is to maintain the living conditions and standards of both parties until permanent support has been determined, along with the final division of assets and debts. Permanent spousal support, on the other hand, aims to provide the spouse with sufficient income for their basic needs and to ensure their lifestyle remains consistent after the divorce.

The length of spousal support is based on a reasonable transition period from married life to a single and self-sufficient life. The duration of support depends, in part, on the length of the marriage. For marriages lasting less than ten years, the length of support is presumed to be equal to half of the time. For example, for a marriage that lasted eight years, the presumption is that the appropriate length of support is four years.

If a marriage lasted longer than ten years, the lesser-earning spouse will receive support for as long as they need to, as long as the other spouse is able to pay. There is no automatic termination date. The amount of spousal support ordered is calculated using guidelines such as the "Santa Clara Guideline" formula or the "Alameda Guideline" formula. The former states that the paying spouse's support should be 40% of their net monthly income, reduced by half of the receiving spouse's net monthly income.

The judge will also consider a set of factors, known as the Family Code 4320 factors, to decide the length and amount of support. These factors include the length of the marriage, each spouse's earning capacity, their standard of living while married, how much property or debt they each have, and whether one spouse helped the other get an education or career.

Property division

California is a community property state, meaning that any assets or property gained during a marriage is considered equal property of both spouses and must be equally divided between the two in the event of a divorce. This includes joint bank accounts, the marital home, and pension accounts.

The process of property division in California is relatively straightforward. Each party must make a list of their assets and their values, which are then recorded on a form called a "Schedule of Assets and Debts" (Form FL-142). Once this form has been exchanged and reviewed by both parties, the division of property can begin.

It is important to note that property acquired before the marriage or after the date of separation is considered the spouse's separate property and is not subject to division. Some property acquired during the marriage, such as gifts, inheritances, or personal injury settlements, is also considered separate property.

In cases where the couple cannot come to an agreement on how to divide their community property, the court will make that determination for them. The court may order the sale of the marital home, with the proceeds divided equally between the spouses, or one spouse may be ordered to buy out the other and become solely responsible for the home and the mortgage.

Additionally, California includes debts in the community estate, which means that marital debt is also subject to equal division. Community debts are those acquired during the marriage, such as credit card debt or tax obligations, while separate debts are those incurred by one spouse before the marriage or after the separation.

To ensure a fair property settlement, it is recommended to consult with an experienced divorce lawyer, especially in cases involving complex property division or high net worth.

Domestic violence

California's family law statutes cover a range of topics, including divorce, child custody, and spousal support. However, in the context of domestic violence, there are specific statutes and codes that address this issue.

California law enforcement takes claims of domestic violence seriously, and there are several avenues for victims to seek protection. One option is to file for a domestic violence restraining order (DVRO), which can be done without a lawyer. A DVRO can include orders to refrain from harassing, stalking, threatening, or harming the protected person, staying away by a certain distance, moving out of a shared home, surrendering firearms, and paying spousal or child support.

In addition to civil remedies, there are also criminal consequences for domestic violence in California. Common domestic violence crimes include Penal Code 273.5, corporal injury to a spouse or inhabitant, and Penal Code 243(e)(1), domestic battery. These offenses can be charged as either misdemeanors or felonies, depending on the circumstances, the severity of injuries, and the criminal history of the accused.

The consequences of a domestic violence conviction in California can be severe and include mandatory minimum jail time, victim restitution, participation in a batterer's program, a permanent criminal record, loss of custody rights, and loss of gun rights.

Furthermore, California's family law statutes intersect with domestic violence cases in custody disputes. The California Family Code has a broader definition of domestic violence victims, which includes not only intimate partners but also relatives related by blood or marriage within the second degree, such as siblings, half-siblings, step-siblings, aunts, uncles, nephews, and nieces.

Overall, domestic violence is a complex issue that is addressed through both civil and criminal statutes in California. Victims have legal avenues for protection, and perpetrators face significant legal consequences, including criminal charges and the loss of certain rights.

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