San Diego, California Family Law Attorney Peter Mueller Practice Areas and Legal Definitions
Father's Rights Divorce and Family Law:
California is a "no-fault" divorce state. A no-fault divorce is one where the spouse suing for divorce does not have to prove that the other spouse did something wrong. To file for a no-fault divorce, one spouse must simply state a reason recognized by the state. In most states, it's as easy as stating that the couple cannot get along (e.g., "incompatibility," "irreconcilable differences," or "irremediable breakdown of the marriage"). In a California divorce, as in several states, the couple must live apart for a period of time in order to obtain a no-fault divorce.
Even in a no-fault state, complicated issues can arise in a divorce case such as domestic violence issues, child abuse accusations and complex disputes over asset division and financial matters. San Diego divorce lawyer Peter Mueller has the experience and commitment to effectively advise and support you through every phase of your divorce.
No area of family law brings as much tension, anxiety, hostility and raw emotion to the courtroom as child custody and visitation litigation. 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. "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, there are far reaching consequences both to you and to the well-being and development of your child. With offices conveniently located in the San Diego area, California child custody Attorney Peter Mueller is there for you when the most important things in your life - your children - are the focus of your legal needs.
Father's Rights Paternity Law:
Establishing legal fatherhood and the rights and duties that accompany it is known as paternity. There can be a difference between a biological father and a legal father. When a child is born, the mother's name automatically appears on the birth certificate. If she is married, her husband is assumed to be the baby's father. If the parents are not married, it is important for the mother, for the father, and above all for the child, to establish paternity. San Diego, California paternity lawyer Peter Mueller can help to make sure that you follow all of the necessary steps in a paternity case to protect your (and your child's) legal rights.
Father's Rights Child Support Law:
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. The State of California 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 deduction items such as catastrophic medical expenses or other relevant items. San Diego, California child support Attorney Peter Mueller will apply his knowledge and experience to guide you through the child support process step-by-step.
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. San Diego alimony lawyer Peter Mueller represents both men and women on either side of the issue of spousal maintenance (alimony) throughout the State of California.
Father's Rights Property and Debt Division Law:
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 a marriage), a pension plan, vehicles, bank accounts, income tax refund 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 it determined to be non-dischargeable by the bankruptcy court or in state court. San Diego divorce Attorney Peter Mueller will stand up for your legal rights and make it his goal to secure the property and/or settlement award that you deserve in your divorce case.
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. California adoption lawyer Peter Mueller will guide your family through every step of the adoption process.
Taking the First Step to a Better Solution for Fathers:
If you or someone you know in the San Diego Area or anywhere within the state of California needs the assistance of an experienced family law attorney to guide you safely through a trying legal matter, contact San Diego family lawyer Peter Mueller today at 866-435-5962 or use the contact form provided on this site to begin a free half-hour consultation and evaluation of your family's legal needs.
