San Diego County Family Law

Welcome to the Law Office of Brian Burkett, a reputable destination for all your family law concerns. As a proficient law firm with years of experience, our focus rests on providing practical solutions while safeguarding your rights. Ranging from divorce proceedings to child custody disputes, San Diego Family Law Attorney Brian Burkett possesses a comprehensive understanding of complex family law issues. We adeptly deliver knowledgeable guidance, while ensuring empathy and respect for all clients navigating sensitive life events. Understanding the uniqueness of each case, we strive to offer personalized, strategic legal counsel for each client. We serve all of San Diego County including the Vista, El Cajon, Chula Vista, and downtown San Diego Courthouses. To discuss your concerns, we invite you to contact us at (619) 250-2683 for a free consultation. Let the Law Office of Brian Burkett be your trusted confidante in Family Law matters. Trust us to advocate for your interests with unyielding commitment and discretion.

Divorce

Navigating the labyrinth of family law can often feel overwhelming, which is why our law firm is committed to providing the necessary support and guidance to our valued clients throughout all of San Diego County. In this realm, understanding specific terminologies, such as uncontested divorce and contested divorce, is imperative. An uncontested divorce is when both parties agree on all terms, minimizing the timeline for resolution. On the other hand, a contested divorce involves discrepancies and disagreements on various aspects that require court intervention for resolution.

Another crucial distinction to illuminate the divorce process pertains to no-fault divorce and fault divorce. California solely recognizes no-fault divorce, meaning blame for the dissolution of the marriage is irrelevant. Unlike other states, fault-based reasons, such as adultery or abandonment, play no role in the California divorce process.

Procuring a divorce in California comes with its unique set of prerequisites. To file for a divorce, at least one of the parties must be a resident of the state for six months, and of the county where the filing will occur for three months. Without meeting these residency requirements, a couple cannot proceed with a divorce under California law.

In matters relating to property division, California strictly adheres to community property laws. This indicates that all assets and debts acquired during the marriage are equitably divided between the divorcing parties. It is crucial to note the absolute importance of accurate asset disclosure to ensure a fair distribution. Through clear communication, unabridged information, and robust representation, our law firm diligently strives to alleviate the stress inherent in the divorce process.

Child Custody

When navigating the often complex and emotional realm of Family Law, it’s important to understand how California law determines facets such as child custody. Here at our firm, we are dedicated to educating our clients and making sure they are informed every step of the way. Child custody is primarily decided based on what is in the best interest of the child, a standard set forth under California law. The court will weigh a multitude of considerations when determining what this entails. Chief among these are factors such as the child’s safety, health, emotional well-being, and continuity in their lives through established patterns of living.

Child custody itself is typically divided into two spheres: physical custody and legal custody. Physical custody refers to with whom the child will primarily reside or live. On the other hand, legal custody addresses who is responsible for making crucial decisions about the child’s life, such as on matters of health, education, and welfare. The court takes into consideration the likelihood of each parent to encourage contact and a positive relationship between the child and the other parent.

In California, the Court could rule either for joint or sole custody. Joint custody signifies that both parents share responsibility and have frequent and continuing contact with the child(ren). Sole custody implies that only one parent has physical and/or legal custody of the child(ren). Understanding these nuances is important to navigate the legal system effectively. With us by your side, you can rest assured knowing your and your child’s needs and rights are being championed respectfully and collegially through these important discussions and decisions.

Child Support

Navigating family law issues can be a complicated endeavor. Paramount for parents or guardians is understanding the calculation of child support under California law, a process which considers several factors. Primarily, the income of both parents, the time each parent spends with the child, and the number of children involved are considered. Additionally, any tax implications, healthcare costs, educational expenses, and other elements related to the child’s welfare play a role.

The California child support guidelines provide a set standard to determine financial obligations. It’s noteworthy that these rules serve to offer a fair base point rather than a steadfast law, catering to the diverse, unique needs of different families. Consequently, courts have the flexibility to deviate from these prescribed guidelines under certain circumstances. For instance, instances where a child has special needs that demand increased expenses, or where the child has a stubbornly high income, can trigger a deviation.

Moreover, off-nominal situations that can entail variations from these guidelines might include cases where parents share custody equally but have widely disparate incomes or where application of the guidelines would be unjust or inappropriate due to a parent’s unusually high or low earnings. Understanding these provisions and applying them to your own circumstances can be perplexing. Our law firm is avowedly committed to helping you comprehend these regulations, maximize your legal rights, and navigate this intricate legal terrain, ensuring your child’s best interests are fiercely upheld. While family law may be complex, ensuring your child is cared for need not be. No matter which area in San Diego County you are located in, Attorney Brian Burkett can give you the representation you need to uphold your parental rights.

Child Custody and Support Modifications

At our law firm, we understand that life is constantly evolving and sometimes these changes can significantly impact family dynamics. That’s why, as one of the focal points of our Family Law practice in San Diego County, we assist clients in pursuing modifications to child custody or support arrangements. According to California law, to modify child support or custody, there must be a significant “change in circumstances” since the most recent order. This legislation is applied to ensure consistent and stable care of the child while minimizing unnecessary disruption.

This “change in circumstances” could come in various forms. For instance, if a parent is relocating to a distant location, it may necessitate modification to the existing custody arrangement to accommodate the new living arrangement while ensuring the welfare of the child. Another situation could be a significant shift in parental income, either an increase or decrease, that could warrant a re-evaluation of child support payments to uphold the child’s best interests. It’s also important to note that if a parent develops health issues or if there’s a notable change in a child’s medical needs, a modification could also be required.

Navigating the complexities of family law, especially when it involves the wellbeing of a child, can be a daunting task. Serving cities all over San Diego County including Escondido, Lakeside, El Cajon, Chula Vista, Oceanside and more, Attorney Brian Burkett possesses the required knowledge to provide our clients with the necessary guidance and representation. Therefore, no matter what life throws your way, our law firm stands ready and equipped to journey with you through these legal changes to ensure optimal outcomes for you and your family.

Enforcing a Family Law Order

Family law is a complex and emotional field that governs legal matters pertaining to families. These matters might include divorce proceedings, child custody disputes, child support provisions, and visitation rights, among others. In certain instances, an individual may find that their ex-spouse or parent is not respecting the stipulations of a legal order related to these issues. Violations could range from an ex-spouse refusing to pay court-ordered child support to a parent disregarding a custody arrangement or visitation schedule.

These infringements can create stress and discord for all parties involved, especially the children. If you find yourself in such a predicament, there are mechanisms in place to help you enforce family law orders. Our firm will guide you through this process, ensuring you comprehend the legal intricacies involved.

Firstly, documenting each violation meticulously is essential, as it provides concrete evidence of non-compliance. Secondly, reaching out to a seasoned family law attorney ensures you benefit from professional and comprehensive counsel. They will inform you about legal recourse actions available, file for enforcement with the court on your behalf, and advise you on how to navigate this challenging   situation.

Furthermore, family law Attorney Brian Burkett strives to promote amicable resolutions and minimize familial conflict where possible. This approach allows the focus to remain on preserving familial relationships and ensuring the best interest of the child is always prioritized. With the reliable assistance of our family law firm, you can work towards resolving these violations while striving to maintain a sense of normalcy and stability amidst the turmoil at hand.

Seek Help in Protecting Your Rights and Interests

At the Law Office of Brian Burkett, we understand the intricacies of family law and how these issues can deeply affect the lives of those involved. San Diego Attorney Brian Burkett is a dedicated professional committed to safeguarding your rights, protecting your interests, and providing effective legal counsel. We offer aid in a variety of family law matters, ranging from child custody and support to enforcing family law orders. If you need our assistance, we stand ready to deliver in-depth understanding and sound advice regarding any family law matter. We maintain unique individual approaches as we move forward, to ensure your privacy, protect your rights, and foster a sense of ease. Reach out to us for a free consultation at (619) 250-2683 and let Attorney Brian Burkett assist you in navigating the complexities of Family Law.