Napa Family Attorney
Christopher Loizeaux
As a skilled Napa Family Attorney, my goal is to resolve matters quickly and to save clients the trauma of litigation. But I will vigorously defend your rights in court when needed. My Firm provides quality legal guidance to clients throughout California, in the following family law practice areas:
- Dissolution
- Child Custody and Visitation
- Child Support
- Spousal Support
- Property Division
- Parental Relationship (“paternity”) – establishing or objecting to biological parentage via DNA testing, establishing or objecting to presumed parentage based on a parenting relationship regardless of biological parentage, child custody and visitation, child support
- Interstate Custody, Jurisdiction and Venue – representing out-of-state parents in California proceedings, Uniform Child Custody Jurisdiction and Enforcement actions, civil child abduction cases, including international cases, change of venue and improper jurisdiction
- Domestic Violence and Civil Restraining Orders – both obtaining orders and defending against requested orders
- Guardianship – agreed upon, or contested; termination of guardianship
- Adoption – including step-parent, relative, or independent adoption
- Conservatorship – when the need to step in arises, or pre-need, by agreement
- Juvenile Detention Law: Representing parents whose children are removed from the home by Child Protective Services (CPS), representing grandparents or relatives with whom children are placed by CPS, establishing de facto parent status for non-parent child care-givers in CPS cases, experienced in preparing extraordinary writs
My Firm is a solo practice, which includes my spouse and paralegal, Jane Martin. Jane assists me in adoption, guardianship, and some family law cases. Jane also provides paralegal help to self-represented persons, who cannot afford attorneys, with competent form preparation, while I am available to provide hourly consultations as well as limited representation, if necessary.
I am, and was for 30 years, a musician and performer, and I am comfortable and experienced on stage and in the courtroom. Law is my second career, and I bring life, as well as legal, experience to my cases. I speak plainly to my clients about the law and what it means, and I am there every step of the way to guide them. I answer my own telephone, and return messages promptly. As a trusted Napa Family Attorney, I do my own legal research, and know the law and rules of evidence well. If an issue arises that I am not versed in, I know how to find the answer.
I am compassionate and understanding. I am a part-time public defender under a sub-contract with the County of Napa, representing indigent parents whose children are removed by CPS. Part of my sub-contract involves being appointed by the court to represent children, under Family Code section 3150, in high-conflict family law cases. As a result, I am very child-oriented when approaching my private family law custody cases.
I have worked with, as well as cross-examined, psychological experts in family law and juvenile cases. I have a good working knowledge of the psychological development of children, psychological disorders in children and adults, psychiatric medications, drug and alcohol abuse and rehabilitation, domestic violence, and how any of these factors may affect a custody or juvenile case. I have worked with and opposed litigants who have psychological and/or drug and alcohol problems, always keeping in mind what is in the best interest of their children. That best interest includes keeping children safe from harm and making sure they have a healthy relationship with both parents, if possible.
I helped a father obtain primary custody of his daughter and prevent the mother from moving away to Texas with her new husband and the child. The father was African American, the mother Filipino, and the new husband Caucasian. Race was absolutely not a factor in the court’s decision, nor in my approach to the case, but they wanted to move with the child to a small town in Texas, where the new husband’s family lived. What was a factor in the case and the decision was the mother’s and new husband’s belittlement of the father’s relationship with the child, their passive-aggressive interference with that relationship and their flaunting of court ordered visitation details. My client won primary custody after a four-day trial. Rather than move without the child and limit her contact further, the mother and her new husband stayed in California, and remain here to this day.
I helped a mother obtain primary custody of her child, whom she had not seen for over one year. The mother and father lived in different counties, about an hour apart by car. The mother had left the relationship because of domestic violence. She later heard from her son that the father might be abusing him, at least psychologically, and attempted to protect him by leaving the jurisdiction with him, although she kept him in the same school, commuting three hours a day. As a result, the father obtained sole custody and supervised visitation for the mother, with the help of an attorney. The mother, at the time was self-represented, and did not know what to do. For the next year the mother concentrated on her older child by a different father, who was having teenage problems, and was diagnosed bi-polar. When her daughter was stabilized the mother retained me. By this time she was at risk of losing her parental rights to her son, not having had any contact with him for over one year and not paying any child support. We went to court and enforced the supervised visitation order, gradually moving to unsupervised visitation after about six months. After another six months, we obtained an order for a custody evaluation by a psychologist, and the court also appointed an attorney for the child, who informed the court that the child wanted to live with his mother. The psychological evaluation favored primary custody for the mother, and revealed some psychological problems with the father, including depression. With opposing counsel, we negotiated a settlement, giving my client primary custody during the school year
I helped a father obtain primary custody of his son and successfully fought false domestic violence allegations against him, including a referral to a criminal defense attorney who successfully fought the same allegations in criminal court. I also referred my client to a civil rights attorney who settled a lawsuit against the police department for injuring him during his arrest. I settled the divorce and property division aspects of his case, and continued on to fight for custody. The mother had undiagnosed psychological issues, from the father’s description of her behavior. We obtained orders for a psychological evaluation, which favored primary custody to my client. The mother’s attorney asked for appointment of an attorney for the child, as a last resort. The child’s attorney revealed even more disturbing behavior by the mother in her report, which resulted in an order for sole custody of the child to my client, and supervised visitation to the mother. The mother is finally getting psychological help, and after a year of no contact, the mother and child are having supervised visits.
I helped a couple negotiate a full settlement of their divorce, including joint custody of their son. The husband was a winery executive, who formerly worked in the dot com industry, as did his wife, a talented programmer. After moving to Napa and starting his new job in the wine industry, the wife stopped working, and lost interest in everything. I believe she was suffering from depression, though we never got a formal diagnosis. The husband believed that if the mother would simply go back to work – she could earn close to six figures working from home – she would regain interest in life. She kept refusing to work, so he asked her for a divorce. He was very generous in his settlement offer, giving her more than half their substantial assets, and allowing her to stay living in their home with him and their son, so long as the boy was school-aged. We finalized the marital settlement agreement and judgment documents, and filed everything. The husband came to see me six months later, and told me that they still lived together, his wife was back working and enjoying life again, and they had never been happier, continuing on in their full relationship and parenting their child together … just not married!
I helped obtain orders for the return of a child to her father in the U.S., after the child was abducted by her mother and taken to her native country, France, against court orders. I obtained a sole custody order in Napa County, and, with the assistance of the Napa County District Attorney’s Child Abduction Unit, was able to have the order enforced in France by French counsel through the Hague Convention, including two appeals the mother filed in France. While awaiting the results in France, I successfully fought an attempt by the mother’s pro bono international law attorney, whom she found in San Francisco, to have the Napa sole custody order rescinded. The attorney then had the case removed to federal court, but, with the help of a federal practitioner, whom I associated into the case, I prepared and filed a brief opposing the removal and got the case remanded back to Napa Superior Court. It took two and a half years, but the child is now in her father’s primary custody in the United States, and the mother’s contact is limited to school vacations. To assure the mother’s compliance with the visitation orders, I negotiated a bond which would forfeit her parents’ house in France should she reabduct the child.
If you or someone you know in Northern California needs the assistance of an experienced Napa Family Attorney, call Christopher Loizeaux today at 866-778-1586, or complete the contact form provided on this site to schedule your free phone consultation.
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.
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.
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.
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.
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.
If you or someone you know in Northern California needs the assistance of an experienced Napa Family Attorney, call Christopher Loizeaux today at 866-778-1586, or complete the contact form provided on this site to schedule your free phone consultation.
If you or someone you know in Northern California needs the assistance of an experienced Napa Family Attorney, call Christopher Loizeaux today at 866-778-1586, or complete the contact form provided on this site to schedule your free phone consultation.
ADDRESS OF THE FIRM:
MEMBERS OF THE FIRM:
Christopher Loizeaux
EDUCATION:
- U.C. Santa Barbara, 1968 – 1971
- California State University, Chico, 1989 – 1992, B.S. in Geology
- University of the Pacific McGeorge School of Law, 1992 – 1995, J.D.
- California
- Federal Courts
- Dean’s List
- Moot Court Competition Best Written Brief
- Napa Family Bar Association
- California Public Defenders Association
- Lucky Harry buys the Index-Tribune (Sonoma Index-Tribune)
After his conviction for the murder of Edward Madden, Harry Granice, the future owner of the Index-Tribune, faced a lifetime in San Quentin Prison. - Arrest video has BART police on guard (Napa Valley Register)
OAKLAND — The troubles of the BART police went viral again as video hit the Internet showing what some claim was another use of excessive force. - CITY INSIDER / Candidate Dufty puts Muni violence front and center (San Francisco Chronicle)
A rider is gay-bashed. Another is beaten by a group of teenage girls who kick her in the head with combat boots. A bus driver is attacked by a drunken rider who slashes him with a knife and pours beer on his head; the victim pushes the panic button, but no... - Murder trial of BART cop moved to LA (Napa Valley Register)
OAKLAND — The trial of a former BART officer charged in the killing of an unarmed black man will be moved to Los Angeles County because of extensive media coverage and other possible distractions to trial participants, a judge ruled Thursday. - Accused killer held to answer for murder (The Weekly Calistogan)
Rodolfo “Rudy” Uribe can be tried for murder and several other charges related to the shooting of a Calistoga man this summer after a judge’s decision Tuesday morning. - Calif. man set for hearing in wine warehouse fire (Channel 8 San Diego)
A San Francisco Bay area wine keeper about to stand trial for a fire that destroyed a warehouse filled with 6 million bottles of wine has scheduled a change-of-plea hearing. - Mare Island winery warehouse arson trial starts Tuesday (Napa Valley Register)
A man accused of setting a 2005 fire that destroyed a Mare Island warehouse housing millions of dollars worth of wine will go to trial in federal court starting Tuesday. - I-5 strangler sentenced to six life terms (Napa Valley Register)
The man known as the I-5 Strangler has been sentenced to six life prison terms for killing six women, two of them in Napa County. - Vacaville Parents Plead Not Guilty In Kid Shooting (KTVU 2 San Francisco)
VACAVILLE, Calif. -- The parents of the 2-year-old Vacaville girl who was killed accidentally by her brother as he played with a gun at the family's home in September have pleaded not guilty to child abuse and weapons charges. - Accused killer's drug buddy said he was threatened (Napa Valley Register)
A man testified Monday that murder suspect Randolfo “Rudy” Uribe threatened him with a gun after he balked at allowing Uribe to leave a car at his Santa Rosa house the morning a Calistoga man was killed last summer.
Additional Questions or need further information?
for those clients who live North of Sacramento.