San Diego Family Law Attorney
Peter Mueller
My Firm focuses on healing rather than getting even; on recovery rather than recrimination. Our first and primary interest is to promote recovery strategies for our family law clients. Where children are involved, we want to assure that our litigation plan and strategies are focused on the needs of the client's children -- we are child advocates rather than advocates to just win custody rights for the parent. While denying parents access to their children can amount to a real form of child abuse for the child, insensitive prosecution strategies in family law can also adversely affect children.
As an experienced San Diego Family Law Attorney, I serve a diverse array of clients who depend on my experience, reputation and steady hand to protect their rights and guide them through complex and often heart-wrenching legal issues. I represent men and women on either side of the issues of divorce, spousal maintenance (alimony), child custody and other family law issues throughout San Diego County including North County Inland (Escondido, San Marcos, Vista) and North County Coastal (Carlsbad, Oceanside, Encinitas, and Leucadia) in the areas of:
- Divorce
- Property and Debt Division
- Spousal Support (Alimony)
- Custody
- Child Visitation
- Child Support
- Jurisdictional Issues
- Paternity
- Prenuptial Agreements
- Adoption
A divorce, separation, child custody case or other family law case does not have to be a nerve-racking, antagonistic experience. Even when the issues are complex, your family's future hangs in the balance and emotions are running high, I work to protect your legal rights while avoiding unnecessary conflict and stress. Examples of my Firm's successes in family and civil law cases include:
CASE EXAMPLES
- (Client Names Confidential): Represented San Diego physician in San Diego Superior Court to recover custody of his three minor children who had been alienated by their mother who had attempted to relocate to New York. Recommended, contacted and over saw the introduction of expert witness, Dr. Richard Gardner, Professor of Clinical Psychiatry, Columbia Medical School, and progenitor of the "Parental Alienation Syndrome" and author and publisher of a book of the same title. Tried 5-day custody trial and won custody rights for doctor client defeating alienating mother's request to relocate with the minor children to New York.
- (Client Names Confidential): Represented doctors victimized by real estate and business fraud conspired by partner doctor and the CPA firm that had represented the doctors. Managed and oversaw 5-year litigation situated in Orange County Superior Court resulting in a million dollar settlement.
- (Client Name Confidential): Represented and won property rights for a prominent member of a religious minority party who had been confronted by bias and prejudice in San Diego Superior Court while represented by prior counsel. The case was brought to the Fourth District Court of Appeal resulting in a reversal and recovery of property rights in a decision approved for publication by the Court of Appeal.
- (Client Name Confidential): Represented and won six-figure business fraud recovery for businessman in dispute with the business office of a world wide church organization. After 6 years of litigation in the Orange County Superior Court, the client's church acknowledged the wrong, paid the damages and welcomed the client to continue enjoying membership privileges.
- (Client Name Confidential): Represented and won six-figure damages for San Diego small business proprietor in action against multinational government contractor on major Navy contract in Los Angeles Superior Court. Defendant had used client as a resource to successfully compete for and obtain the government contract, satisfying the government's requirement to involve small business subcontractors in the successful bid, and discharged the client as soon as the contract was signed after hiring client's employees away to complete the project.
- (Client Name Confidential): Represented and won six-figure damages for San Diego small business proprietor in action adverse major multinational corporation and Hollywood movie actor, producer and director involving business fraud involving wrongful appropriation of client's proprietary development rights to electronic radar range technology employed at "Top Gun" Navy program for use in major film release by defendants.
If you or someone you know in the San Diego area or anywhere in California needs the assistance of an experienced San Diego Family Law Attorney in a divorce or child custody issue, call Peter Mueller today at 866-435-5962, or use the contact form provided on this site to schedule your free half-hour consultation.
Practice Areas and Legal Definitions
About Family Law:
Family law is a multi-faceted area of law that deals with family relations, and encompasses such areas as: adoption, child custody and visitation, children's rights, child support, spousal support (alimony), separation agreements, civilian and military divorce (dissolution of marriage), marital property division (equitable division), elder law matters, estate planning, estates and trusts, wills and will contests, probate, insurance, cohabitation agreements, pre-marital (pre-nuptial) agreements, marriage and other legal issues pertinent to the family.
Family law courts generally hear cases pertaining to dissolution of marriage, legal separation of parties, nullity of marriage, child custody, child and spousal support, elder law legal issues, domestic violence petitions, and estate planning cases involving Wills, Will contests, guardianship, insurance, probate, trusts, and other estate related legal issues.
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.
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.
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.
If you or someone you know in the San Diego area or anywhere in California needs the assistance of an experienced San Diego Family Law Attorney in a divorce or child custody issue, call Peter Mueller today at 866-435-5962, or use the contact form provided on this site to schedule your free half-hour consultation.
Professional Profile
After my own personal experience with divorce, I founded the Father's Rights Law Center (FRLC) in 1982. I now specialize in expertly handling a wide range of family disputes, always maintaining focus on what is best for the parties involved, especially the children.
As a Certified Family Law Specialist, and a father of seven children, I will involve, when needed, qualified and respected expert child psychologists and psychiatrists, business economists, certified public accountants and vocational counselors in San Diego to assist clients in obtaining balanced and equitable custody sharing arrangements and property settlements.
If you or someone you know in the San Diego area or anywhere in California needs the assistance of an experienced San Diego Family Law Attorney in a divorce or child custody issue, call Peter Mueller today at 866-435-5962, or use the contact form provided on this site to schedule your free half-hour consultation.
FIRM ADDRESS
Law Offices of Peter Mueller
950 Boardwalk, Ste 305
San Marcos, CA 92078
Phone: 866-435-5962
Hours: M-F, 8:00AM-5:00PM
Weekend appointments available
After hours contact available through voicemail
Free initial consultations
MEMBERS OF THE FIRM:
Peter Mueller
EDUCATION AND ACHIEVEMENTS:
- 1972 Graduate of Loyola Chicago with Honors and Northwestern Law Schools
- 35 years in practice
- Certified Family Law Specialist
- Admitted to the Bar in California and Illinois
Sara Moosavi Davison
Sara is a graduate of Pepperdine Law School and has been practicing family law in California for three years.
Visit: Peter Mueller's website
Additional Questions or need further information?
San Marcos
950 Boardwalk, Ste 305
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San Diego, CA 92127
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San Diego CA, 92108
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Solana Beach, CA 92075
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Chula Vista, CA 91910
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