Family Law Frequently Asked Questions of David L. Wilkirson

The following information includes frequently asked family law questions. The answers stated are general in nature and are not intended to apply to every family law situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting California family lawyer David L. Wilkirson of Wilkirson & Associates, you can receive a personal consultation regarding your specific family law case.

Do I have to go to court to obtain a divorce?

A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage in California. 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 maintenance (alimony), child support, restraining orders, etc.

Can I object to the terms my spouse has requested in our divorce?

Yes, you (along with your attorney) can reject the terms of your spouse’s offer. On receiving an objection to the establishment of a family law attorney's settlement, the California divorce court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody or support. If the California divorce court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan.

Is a father who never married the mother still required to pay child support? What if the father is not allowed to see the child?

Regardless of marital status, an ‘assumed father’ is any biological father of a child for whom paternity has been established by either the admission of the father or paternal testing. Assumed fathers are required to pay child support. Additionally, a man who never marries a child’s mother, but welcomes the child into his home and supports the child as his own may gain a ‘presumed’ father status, and typically, the presumption of paternity holds the same rights and responsibilities of an assumed father, in regard to parental liability and monetary support.

Every parent has a financial obligation to support their children and child support should never be confused with custodial or visitation rights. There is no state which permits a parent to withhold child support because of disputes over custody or visitation. If a non-custodial parent believes their rightful child visitations are being disrupted, it is recommended to contact an attorney to file a claim against the custodial parent in a court of law, rather than stop making child support payments as a form of retaliation. However, in the event of parental kidnapping, in which the custodial parent completely disappears with the child, any wage garnishments or income attachments as made for child support on behalf of the non-custodial parent would cease. For more information about complicated child custody and visitation issues in California, contact California family law Attorney David L. Wilkirson of Wilkirson & Associates today.

What happens to a father who refuses to pay court ordered child support?

Under the Child Support Enforcement Act of 1984, it is against the law for any father, presumed or assumed, to not pay court ordered child support to the custodial guardian, regardless of joint custody. Federal laws permit the interception of tax refunds to enforce child support orders, and other methods of enforcement include wage attachments, seizure of property, suspension of a business license and possible driver's license revocation. In the event that none of these attempts are entirely successful, the court of law that issued the child support order can hold the father in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term.

How are Custody issues decided?

Rare is the divorce, dissolution or custody determination in which the parties have been able to set aside personal differences to reach the goal of what is best for the children involved. Most parents pay lip service to this ideal, but often cannot reach it in actuality. Most often a judge will take great pains to get parents themselves to come to a mutually acceptable custody agreement if that is possible. A decision made by a stranger is rarely completely acceptable to all if the attempt has not been made in earnest. The family court systems of the states usually have several layers of counseling, mediation and conciliation to attempt to bring warring parents together for the purpose of resolving the issue of what it is in the best interests of their children.

What about visitation?

Generally, a court will grant reasonable visitation rights to a parent unless it is shown that the visitation will be detrimental to the best interests of the child. A non-parent can in the discretion of the court also be granted visitation rights if they have an interest in the welfare of the child—this is generally divided into the area of grandparents, step-parents and other non-parents. It should be noted, however, that this is discretionary. California child custody and visitation lawyer David L. Wilkirson of Wilkirson & Associates will guide you through this complicated process.

Take Action To Protect Your Rights:

If you or someone close to you in Orange County, Riverside County, San Bernardino County, Los Angeles County, San Diego County, Newport Beach, Irvine, Mission Viejo, Laguna Beach, Huntington Beach or within the surrounding cities and counties of California needs the assistance and trusted legal advice of an experienced family law attorney, contact family lawyer David L. Wilkirson of Wilkirson & Associates today, at 866-688-6959, or use the contact form provided on this site to begin your free consultation and evaluation of your family’s legal needs.

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