Family Law

Family Law Services at Coray Law Office PC

Legal matters involving the family often bring a mix of emotions, stress, and uncertainty. Whether you’re navigating a divorce, child custody dispute, adoption, spousal support, or considering a prenuptial or postnuptial agreement, having a knowledgeable and compassionate attorney by your side can make all the difference. At Coray Law Office PC, we understand that your family’s legal needs are deeply personal and unique, and we are committed to guiding you through every step of the process with discretion, dedication, and care.

Why Choose Coray Law Office PC for Your Family Law Needs?

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At Coray Law Office PC, our attorneys have an in-depth understanding of the legal and emotional complexities that accompany family law cases. We prioritize finding balanced solutions that consider the financial, psychological, and emotional aspects of your situation. Our goal is to provide personalized legal strategies tailored to your family’s unique needs while protecting your rights and ensuring the best possible outcomes.

Areas of Family Law We Handle

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Child Custody and Visitation: Child custody decisions are centered on what serves the best interests of the child. Courts assess factors such as the child’s health, emotional bonds with each parent, educational needs, and any history of abuse or neglect. Whether seeking sole or joint custody, we work with parents to develop parenting plans that prioritize the child’s safety and wellbeing. We also assist with modifications to existing custody and visitation orders when circumstances change.

In California, custody is divided into two categories: legal custody and physical custody. Custody may be awarded jointly to both parents or solely to one parent. Courts carefully evaluate factors to determine the appropriate custody arrangement, with the child’s best interests being the most important consideration. Custody will not be granted if there is a likelihood of harm to the child. Additional factors include the child’s age, health, emotional connections, educational stability, and any history of family abuse or neglect.

Child custody proceedings focus on creating a parenting plan that ensures the child’s safety and wellbeing. These custody orders are legally binding for both parents, and failure to comply with them is unlawful. Typically, when one parent has physical custody, the other is granted visitation rights. Types of visitation orders in California include:

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• Scheduled Visitation: A specific schedule outlining the days and times for visits.

• Reasonable Visitation: Flexible arrangements agreed upon by both parents.

• Supervised Visitation: Visits supervised by a neutral third party when safety concerns exist.

Visitation plans are also determined based on the child’s best interests. If the court finds that visitation with the non-custodial parent would harm the child, visitation may be restricted or denied. Circumstances can change over time, affecting your personal situation or your child’s needs. If this occurs, you may request a modification of the existing custody or visitation orders by filing a Request for Order. The court will consider modifications if they align with the child’s best interests.

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Child Support: Both parents have a legal obligation to provide for the financial needs of their child. Whether you’re establishing initial child support, modifying an existing arrangement, or addressing non-payment issues, we can help ensure that the financial needs of your child are met. Our attorneys are experienced in working with California’s child support guidelines to achieve fair and enforceable agreements.

Court-ordered child support ensures that a child’s basic rights and needs are met until they reach the age of majority. Common scenarios that necessitate child support orders include legal separations, annulments, and divorces. Additionally, judges may establish child support in cases involving unmarried parents or instances of domestic violence. While statewide guidelines often inform child support calculations, parents may have the opportunity to agree on their own arrangements. If the court determines that the parents’ arrangement does not adequately meet the child’s needs, it will intervene to create a support order. The primary goal of these orders is to maintain the child’s financial circumstances as closely as possible to those of a stable family environment. Parents are legally bound to comply with these rulings and cannot disregard court-ordered child support.

If a significant change in financial circumstances occurs for either parent, they can petition the court for a modification of the support order. This requires submitting updated financial information for the court to review. Until a new order is issued, both parents must continue adhering to the existing arrangement.

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Divorce: Divorce can be one of life’s most challenging transitions. California’s community property laws and no-fault divorce system can make the process seem overwhelming. At Coray Law Office PC, we guide you through every aspect of your divorce, from property division to spousal support and child custody. Whether through negotiation, mediation, or litigation, we work to achieve the best possible outcome for you. 

California’s divorce laws are closely tied to residency requirements. To file for divorce, at least one spouse must have lived in California for six (6) months and in the county where the divorce is filed for at least three (3) months. If these residency requirements are not met, filing for legal separation is an alternative option. As a no-fault divorce state, California allows spouses to file for divorce without proving wrongdoing, citing reasons such as irreconcilable differences or incurable insanity without further explanation.

As a community property state, California requires that any assets, property, or debts acquired during the marriage are considered equally owned by both spouses and are to be divided equally between both spouses in a divorce. The goal of divorce proceedings is to divide these community properties fairly. The property division process generally involves three steps:

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• Determining whether property or debt is community or separate

• Evaluating and assigning a value to each item

• Deciding how to divide the assets and debts

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If spouses are unable to resolve property disputes independently or through mediation, the matter will be resolved in court.

Spousal Support (Alimony): Spousal support ensures financial stability for a lower-earning spouse during and after divorce. Whether you’re seeking or contesting support, we analyze factors such as earning capacity, standard of living, and contributions to the marriage to advocate for a fair arrangement. There are two types of alimony that can be awarded in California:

• Permanent support- involves support to be received after the finalization of a divorce case going forward.

• Temporary support- this type is meant to maintain the status quo of the spouse while the divorce proceedings are ongoing.

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Both types of alimony—temporary and permanent—play a significant role and require careful consideration, as they impact the financial stability and quality of life for both parties involved. When determining alimony, judges evaluate several factors, including:

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• The earning capacity of each party

• The marketable skills of the spouse requesting alimony

• Periods of unemployment and potential future earning capacity

• Contributions to the education or career advancement of the other spouse

• Debts and assets of both parties

• The standard of living established during the marriage

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Enforcing spousal support can present challenges. Unlike child support, where non-payment may lead to liens or wage garnishment, spousal support enforcement typically requires the receiving spouse to file a contempt of court case. Alimony payments automatically terminate upon the remarriage or death of the recipient spouse. Modifications to alimony may also be requested if the paying spouse experiences a significant change in income or financial circumstances.

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Adoption: Adopting a child is a joyful and life-changing decision, but the legal process can be complex. Our attorneys guide individuals, couples, and stepparents through every step of the adoption process, ensuring compliance with California’s adoption laws and helping build your family. 

California provides a legal framework for transferring parental rights from biological parents to adoptive parents through adoption. To be eligible, prospective adoptive parents must generally be at least ten years older than the child they wish to adopt. Additionally, children aged 12 or older must give their consent to the adoption process. Adoption is open to both married couples and single individuals, and California law also permits stepparents to adopt the biological child of their spouse.

Once the adoption process is complete, the adoptive parents assume all legal rights and responsibilities for the child. This also means that the biological parents’ rights are permanently terminated. Adoption establishes a new legal relationship, ensuring the child’s welfare and stability while creating a lasting family bond.

Paternity Law: Establishing paternity is essential for securing a child’s legal rights and determining financial and parental responsibilities. Whether through voluntary acknowledgment or DNA testing, we assist in navigating the legal process to establish or dispute paternity. 

Paternity refers to the legal determination of a child’s biological father. While the mother’s identity is typically clear, the father’s identity may sometimes be in question. Paternity issues often arise in cases involving child support, adoption, health care, custody and visitation rights, inheritance, and other family matters. DNA profiling has revolutionized paternity testing, providing a reliable method for confirming biological relationships. This is particularly important when an “alleged father” disputes paternity. For instance, if paternity is being established for child support purposes, the alleged father may request proof of biological parentage before being held financially responsible.

In California, if a child is born during or shortly after a marriage, the husband is presumed to be the father. However, unmarried fathers must establish paternity before being granted custody or visitation rights. Establishing paternity not only defines parental responsibilities but also secures important rights and benefits for the child, such as financial support, inheritance rights, and access to medical history.

Marriage Law: The validity of marriages in California is governed by Family Code Sections 300-310. For a marriage to be legally recognized, specific steps must be followed in order:

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• A marriage license must be issued.

• The marriage must be solemnized and authenticated.

• The marriage must be recorded in the county where it was formalized and verified.

Both parties must appear together before a county clerk’s office representative to obtain the marriage license. No other individual is permitted to obtain the license on their behalf. The process of solemnization or authentication may be conducted by a variety of officials, including:

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• A court commissioner or retired court commissioner of civil marriages

• A judge or retired judge

• A duly elected city mayor

• A county supervisor

• An authorized religious official of any denomination

An official marriage ceremony is not required. Instead, what matters is a declaration by both parties that they accept each other as spouses, made in the presence of at least two witnesses. The individual officiating the marriage is responsible for submitting the completed marriage license to the county within ten days of the ceremony.

Common-law marriages, which do not involve the issuance of a license or official registration, are not recognized in California. However, there is an exception: if a couple legally entered into a common-law marriage in another state or country where such unions are recognized, their marriage will be valid in California after relocation.

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Prenuptial and Postnuptial Agreements: Planning for the future can strengthen relationships and provide peace of mind. We assist couples in drafting and finalizing prenuptial and postnuptial agreements that clearly outline financial arrangements and protect assets in case of divorce. These agreements are customized to meet your specific needs and comply with California law. However, they can’t solve all legal battles that may ensue thereafter. Prenuptial agreements are created before marriage while postnuptial agreements are created in the course of the marriage. Principles for making prenuptial and postnuptial agreements in California include:

• Inclusion of specifics of income, financial holdings, property, and assets

• Should be drafted and signed by both parties, each having their own legal counsel

• Should include a termination date when certain provisions in the agreement become null

• The agreement should be created and signed out of free will

• Should have detailed language for both parties

• Other provisions that may apply to the couple’s situation may apply

Domestic Partnerships: We provide legal guidance for couples entering or dissolving domestic partnerships, ensuring that their rights and responsibilities are protected. The requirements that must be met for a domestic partnership to be registered include:

• Both parties must share a common residence

• Both are at least 18 years of age

• Both parties must file a “Declaration of Domestic Partnership”

• There are no blood relations between the two people

• Neither party is married or in another registered domestic partnership that is still legally recognized and has not been terminated

• Both parties must consent to the union

• The two people are of the same sex or one of them is over 62 years of age

Domestic partners in California enjoy many of the same rights as married couples, and we are here to help you navigate the legal landscape.

Personalized Legal Support for Your Family

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Family law cases require more than just legal expertise; they demand compassion and understanding. At Coray Law Office PC, we are committed to providing comprehensive legal support while helping you make informed decisions for your future and the future of your family.

If you’re facing a family law matter, don’t navigate it alone. Contact Coray Law Office PC today at (209) 209-5290 or fill out our online contact form to schedule a consultation. Let us help you protect what matters most.