Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. ; The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. ; Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support. A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support. Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

If you or a loved one needs the help of an experienced Southern California Family Law attorney, call the Law Offices of Vincent W. Davis & Associates today at 866-266-0512, or complete the contact form provided on this site to arrange for a free consultation. Se habla Español. Russian, Chinese and Vietnamese services provided. Weekend appointments are available.

If you or a loved one needs the help of an experienced Southern California Family Law attorney, call the Law Offices of Vincent W. Davis & Associates today at 866-266-0512, or complete the contact form provided on this site to arrange for a free consultation. Se habla Español. Russian, Chinese and Vietnamese services provided. Weekend appointments are available.

ADDRESS OF THE FIRM:
The Law Offices of Vincent W. Davis & Associates
150 N Santa Anita Ave, Suite #200
Arcadia, CA 91006
Phone: 866-266-0512
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

Attorney Vincent W. Davis, Esq.

• Jurisdictions Attorney is Licensed in: United States District Court for the Central District of California; United States District Court of Appeals for the 9th Circuit; Supreme Court of the United States
• Date Admitted to the Bar: December 1985
• Colleges Attended, Degree & Year Graduated: Loyola Marymount University, B.S., Accounting; Loyola Law School, Los Angeles, J.D.
• Professional Memberships & Achievements: Acted as both trial and appellate counsel in the published cases of: Marriage of David and Martha M., (2006) 140 Cal.App.4th 96 and Papakosmas v. Papakosmas, (2007) 483 F.3d 617.On January 8, 2008, Mr. Davis received a diploma from the National Institute for Trial Advocacy. In 2008, he became a member of the Ranch Club- Trial Lawyers College. He was one of 50 lawyers selected nationwide to live, for 22 days on Gerry Spence's Thunderhead Ranch just outside of Dubois, Wyoming.

Attorney Robert Granieri, Esq.

• Jurisdictions Attorney is Licensed in: California & Federal District Court
• Date Admitted to the Bar: January 1971
• Colleges Attended, Degree & Year Graduated: Cal State University, B.A., 1966; Whittier College of Law, J.D., 1970

Attorney Elizabeth Briceño-Velasco

• Jurisdictions Attorney is Licensed in:  California; US District Court, Central District of California; United States Court of Appeals for the Ninth Circuit
• Date Admitted to the Bar: June 3, 2004
• Colleges Attended, Degree & Year Graduated: University of California at Santa Barbara, B.A., Political Science, 1998; Loyola Law School, J.D., December, 2003
• Professional Memberships & Achievements: CALI Excellence For the Future Award, Contracts; Published opinions entitled, Papakosmas v. Papakosmas (2007) 483 F.3d 617 and Melendrez v. Melendrez (2006, 2nd District) 140 Cal.App.4th 96; Los Angeles County Bar Association.
• Foreign Languages Spoken: Spanish

Attorney Carol A. Baidas

• Jurisdictions Attorney is Licensed in: Pennsylvania, US Middle District for the state of PA; California; US Central District (pending - sent in application and fee, waiting on certificate)
• Date Admitted to the Bar: PA 1989 # 55875, CA # 263036, May 19, 2009
• Colleges Attended, Degree & Year Graduated: University of Scranton, B.A., History, 1986; Ohio Northern Claude Petit School of Law, J.D, 1989
• Professional Memberships & Achievements: Former Instructor Pennsylvania State Police Municipal Police Officers Academy; Former Adjunct Professor at Lackawanna College, Scranton; Former member of the Pennsylvania District Attorney's Association; Former member of the Northeast Pennsylvania Child Advocacy and Abuse Task Force.

Attorney Norma N. Nogueda, Esq.

• Jurisdictions Attorney is Licensed in: California
• Date Admitted to the Bar: May 3, 2008
• Colleges Attended, Degree & Year Graduated: University of Illinois College of Law, J.D., 2002; Mills College, Comparative Literature, 1998
• Professional Memberships & Achievements: Member of NH Bar Association; Member and past president of Strafford County Bar Association; President of Charles C. Doe Inns of Court; Member of New Hampshire Bar Association; Member of Workers’ Compensation Committee.
• Foreign Languages Spoken: Spanish

Attorney Bichhanh (Hannah) Bui, Esq.

• Jurisdictions Attorney is Licensed in: California
• Date Admitted to the Bar: December 2004
• Colleges Attended, Degree & Year Graduated: UCR ; B.S., Biology, B.A., Political Science, 2001; Whittier School of Law, J.D, 2004
• Professional Memberships & Achievements: LACBA Member; Family Law Section Member; Cali Award for International Litigation.
• Foreign Languages Spoken: Vietnamese

Attorney Linda Marie Nakamura, Esq.

• Jurisdictions Attorney is Licensed in: California
• Date Admitted to the Bar: December 1981
• Colleges Attended, Degree & Year Graduated: University of Redlands, B.A., 1974; Western State University, College of Law, J.D., 1978
• Professional Memberships & Achievements: American Immigration Lawyers Assn. (AILA) Southern California Chapter, Past Chair; American Immigration Lawyers Assn. (AILA) Day of Action Co-coordinator for lobbying in Washington, D.C. to change immigration laws; Los Angeles County Bar Assn. Immigration Section, Past Chair and current member of LACBA Immigration Section Executive Committee; Past Chair Immigration and Nationality Advisory Commission; State Bar of California; Board of Legal Specialization; Delegate, Los Angeles County Bar Assn. Conference of California Bar Assns. (CCBA) and member of Conference Operating Committee; Los Angeles Trial Practice Inn of Court, Los Angeles County Bar Assn. Litigation Section; Lecturer for Immigration Law Training Course for Los Angeles County Bar Assn., Immigration Legal Assistance Project; Exchange Visitor Committee, American Immigration Law Foundation (AILF).
• Board Certifications: Certified Specialist, Immigration and Nationality Law; California State Bar Assn. Board of Legal Specialization.

Attorney Mark L. Tseselsky, Esq.

• Jurisdictions Attorney is Licensed in: California, U.S. District Court Central District of California
• Date Admitted to the Bar: June 7, 2005
• Colleges Attended, Degree & Year Graduated: UC Santa Barbara, B.A., History, High Honors, 1999; Loyola Law School, J.D., 2004
• Professional Memberships & Achievements: Los Angeles County Bar Association; Eastern European Bar Association; Jewish Law Students Association; UCSB Student Commencement Speaker (Humanities), 1999.
• Foreign Languages Spoken: Russian

Attorney Arshak Bartoumian, Esq.

• Jurisdictions Attorney is Licensed in: California
• Date Admitted to the Bar: 2000
• Colleges Attended, Degree & Year Graduated: CSUN, B.S. Business with MIS Specialization, 1995; American College of Law, J.D., 1999
• Professional Memberships & Achievements: LA County Bar; Armenian Bar; Judge Pro Tem San Bernardino County, 2008.
• Foreign Languages Spoken: Armenian