Frequently Asked Questions
1. How much does it cost?
The most frequently asked question a family law attorney receives is regarding the price of litigation. The cost will vary drastically from case to case for a variety of reasons including the issues of your case, the level of difficulty regarding those issues, and the cooperation from the opposing party. At the Law Offices Fisher & Leiser we do our best to reduce costs knowing that family law clients are involved in highly stressful situations. Currently we are offering free initial consultations to allow the client to understand the potential costs and to get to know the attorneys before any money is spent. Often times family law proceedings can be resolved for much less than expected.2. I want to get a divorce, where should I start?
Divorce is a hard, difficult, and costly process which can be minimized with some effort and careful planning. At Fisher & Leiser, we have the experience and knowledge to allow you to set and realize your goals. It is vital to have a plan from the beginning of your divorce and throughout the divorce process. The attorneys at Fisher & Leiser will help you begin the process. Call or email today for a Consultations.
3. How is Custody determined in California?
In the State of California, in all child custody cases, custody is determined by what is in the "best interest" of the child. The court will consider the current custody arrangement, current living conditions, the relationship the child has with each parent, in addition to other factors.
There are two types of Custody, legal and physical. Legal custody is regarding decisions that must be made involving the child. For example, what school the child should attend or what doctor the child should see or what activities the child should participate in. Physical custody is regarding where the child will physically live.
Additionally, custody is generally thought of as either Sole Custody or Joint Custody. Unless proved otherwise, courts will presume joint custody to be in the child's best interest. Sole custody means that one parent has the sole legal rights regarding the children and makes all of the substantive parental decisions. Almost all parents share joint legal and joint physical custody of their children. Only where the safety of the children is a concern, such as where one parent is abusive, do the courts award sole custody to one parent. In most, though not all cases, the child will reside with one parent while the other parent will have specified periods of visitation.
Joint Custody means that both parents share the child's substantive parental decisions. Despite popular belief, "joint custody" does not mean the child spends half of the time with one parent and the other half with the other parent. In fact, joint custody has little to do with the actual time either parent spends with their children. Instead, it relates to the legal issues associated with raising children. In some cases, the most important legal right is the establishment of domicile, or the determination of where the child will physically live.