Family Law Attorney San Diego County

At Thompson and Belnap Law, we understand that family law matters can be complex and emotional. Our experienced family law attorneys are here to help guide you through the legal process and achieve the best possible outcome for you and your family. Whether you need assistance with divorce, child custody, adoption, or any other family law matter, we are here to provide compassionate and effective representation.

We prioritize our client’s needs and work hard to achieve the best possible outcome. Contact us today to schedule a consultation with one of our experienced family law attorneys.

Adoption is the formal method of establishing a legal parent-child relationship when the adoptive parent is not the child’s parental or birth parent. When adopting a child, the birth parent is terminating their parental rights under certain circumstances and is giving the freedom to the child to be adopted into a new family. The process also involves verifying that the adoptive child is placed in a safe environment that includes things such as background checks, home studies, etc.

Adoption is the formal method of establishing a legal parent-child relationship when the adoptive parent is not the child’s parental or birth parent. When adopting a child, the birth parent is terminating their parental rights under certain circumstances and is giving the freedom to the child to be adopted into a new family. The process also involves verifying that the adoptive child is placed in a safe environment that includes things such as background checks, home studies, etc.

An open adoption is when the birth parent(s) communicate and may still have visitations, but the primary residence of the child will remain with the adoptive parent(s).

A closed adoption is where the birth parent(s) have no contact at all with the adoptive parents or visitations to the child.

An independent adoption is where an individual or couple goes through an agency that matches them with a child in the system to care for

A private adoption is where an individual or couple go through only the birth parent(s) and are given the baby once they are ready to go home to be cared for.It may get confusing with the many aspects of consideration one must account for when going through the adoption process. We understand how important family means to our clients and we strive to provide our best to represent those in need. We are here to take you through the various steps of adoption that may be challenging, but with our services it can be easy-going and very rewarding. Whatever your circumstances may be, our North County staff is willing to go the extra mile to make sure your needs are satisfied and to give you the resources needed to finalize your adoption.

It is the process in which a child is adopted by the stepparent in the household who is married to the child’s legal parent and will then be responsible both legally and financially for the care of their adoptive child. Both birth parents must either give consent in this process or one birth parent must terminate their rights so that the stepparent can now legally be the child’s guardian. After the paperwork is all filed, the courts will then do a thorough investigation to ensure the child’s safety which then if the investigator recommends the adoption, the case will go to hearing. Our company partners are prepared and thrilled to assist you with this fast and easy process that will change the lives of everyone involved. Contact us today so that we can help you with all your adoption questions and needs to make this process go as smoothly as possible.

1. Gather all necessary legal forms
2. Pay adoption filing fees and submit
3. Appear in court at the hearing
4. Finalize/obtain any adoption certifications
5. Pay any additional fees

What happens if the absent parent does not want to terminate their rights?

If one of the birth parents have been absent in a child’s life and the stepparent wants to adopt their significant other’s child, the absent birth parent must terminate their rights. If the birth parent fails to comply with this process, then you may seek help from the courts to show evidence of abandonment from their child. If the evidence is sufficient the judge may grant an involuntary termination of the absent parent’s rights under certain grounds which will then help proceed your stepparent adoption case.

A restraining order is a court order that defends a person to be guarded from being sexually assaulted, physically abused, threatened, harassed, or stalked. There are many types of restraining orders and we specialize in every single one of them to keep our clients safe and to protect our community. A restraining order may be renewed after a certain amount of time in which the order is about to or has expired which will then extend the restraining order again for (x) amount of time or indefinitely. We understand the severity of each case and aim to assist those in need with our support and services that we can offer here at Thompson & Belnap in San Diego County. We believe in taking the necessary precautions to protect our clients from the risk of harassment and abuse.

Domestic abuse is a pattern of controlling, coercive conduct that is a systematic, life-threatening crime that influences people of all genders, ages, sexual orientations, races, ethnicities, religions, socioeconomic statuses, and immigration statuses in our environment.

These orders are a legal way to evict an individual from their home for a defined period. Such restraining orders are used to shield people from domestic abuse that has either happened or is about to happen.

An emergency protective order is a warning to deter domestic abuse issued by police when the court is not in session. Most emergency protective orders are temporary interventions that only last for a weekend or holiday, during which the abused individual is required to ask for a court-ordered temporary restraining order.

Experiencing harassment in your workplace may lead you to obtaining a restraining order for your protection in which the employee or the employer will request this order. This restraining order protects the employee, other employees, and even family/household members of the employee which is then enforced by officials.

A temporary restraining order (TRO) is a court order that prohibits a threatened action from taking place right away. A TRO is only administered when there is a possibility of irreparable damage if the court does not issue the order as soon as possible.

If you or someone you know has a restraining order against them, then there may be a few changes to your everyday life. For example, gun owners may need to sell or give up their weapons because of this restraining order against them. If you are in the middle of a custody battle for your children, the courts may look at this and decide you are an unfit parent. With all the new changes going on in our system we recommend speaking to a lawyer about your case so that you can be prepared in court with the best resources available to you and ensure that you understand every aspect of your case.

“Child custody” refers to the parental rights and obligations for the care of their child or children. In a case, you will have to decide about custody and will also need to decide on “visitation” or how each parent will spend time with the kids. The importance of this process is very attentive from the perspective of the law and is recommended to go through a lawyer if no agreement can be made between parents and problems eventually arise. It is to our comprehension how difficult child custody cases can be, but with the experience of our team here in California it is our duty to fight on behalf of the child’s best interest. We consider all aspects of each unique situation from our clients and project our responsibilities to obtain the best proposal possible for the family.

Physical custody is a rule in family law where a parent it granted the right to have their child live with them.

Legal custody is a rule in family law where a parent is granted the obligation to make decisions for their child.

Sole custody is a rule in family law where one parent has either physical or legal custody over the child because the other parent is deemed as unfit.

This is the most favored custody regulation when the parents of the child do not live together, but they are both granted custody rights to their child.

• Joint legal custody
• Joint physical custody
• Joint legal and physical custody

Child visitation law holds the non-custodial parents’ right(s) to spend time with their children. Arranging parenting visitations may become hard when both parent’s schedules differentiate so most individuals seek attorney help with these types of cases. Our company deeply appreciates the value each parent holds in a child’s life and that is why we make it a priority to represent our clients in the most elite way possible. We understand the carefulness an individual takes to get the best care possible for their family and that is why we are so grateful to play a role in choosing the most beneficial system for the youth involved. We are conscious of the differences in every situation and hold our team to a high standard to present the most valuable information to our clients.

Unsupervised visitation is the most common method used in family law cases where the parent without sole custody of the child can take their child to their own homes.

Supervised visitation is another method used in family law cases where the parent without sole custody can have visitations with their child, but another adult must be present.

A “move-away case” arises when an individual with joint or sole custody of a child wishes to relocate to a setting far enough away from the existing custodial agreement to cause disruption. If the transfer is 20 or 2000 miles away, the parents will require new custody and visitation orders if the move solely affects the current custody agreement. At Thompson & Belnap we are aware in relation to needs of the environment for each family and want to represent you at our best ability to accommodate everyone involved with these kinds of cases. Our team specializes in cases brought to us regarding a family’s decision to move that might make an inconvenience for others involved. Whichever side of the spectrum you may be on, we are willing to push for the opportunity that would best suit our client and everyone in contribution to this circumstance.

• Custodial Arrangement
• Distance of Move
• Child’s Age
• Child’s Relationship with Both Parents
• Child’s Best Interest
• Reason for Their Move

What is Child Support Modification and Enforcement?

Child support is a sum of money that a court arranges a parent or both parents to pay each month to help with the child’s or (children’s) support and living costs. Changes may arise in income for the parent paying the child support in which modifications need to be made to fit both party’s needs. Our staff in Vista California realizes how important support in any form is to an individual caring for a child and strive to get the most significant care that is considered reasonable for everyone associated with this event. Our attorneys will promote the choice that best advocates for our clientele and propose a detailed order that navigates a plan for all parties involved.

• Imprisonment
• Change of Income
• Loss of Job
• Number of Dependents an Individual Has
• Disablement
• Custody/Visitation Modifications

What is Spousal Support/Alimony?

Spousal Support/Alimony is when a couple divorces or legally separates, the court may require one spouse/domestic partner to pay the other a monthly support payment. There are many different reasons that require a spouse to pay alimony in which helps aid the lower income spouse with their bills/ resources needed. At Thompson & Belnap we know separation is one of the hardest times in a person’s life and we recognize the many aspects that come along with this decision. It is our mission to accompany our client during this time and to rationally come up with a practical adjustment for one seeking Spousal Support/Alimony. We consider all plausible coverage in your request and the ability to make such assessments that will generally enforce appropriate limitations.

Permanent Alimony

Permanent Alimony is a regular support finance from one party and is paid until one of the spouses die.

Lump-Sum Alimony

Lump-Sum Alimony is a type of support one party receives all at once instead of monthly payments.

Reimbursement Alimony

Reimbursement Alimony is a method of support one spouse must pay the other for certain expenses that were paid out such as schooling.

Temporary Alimony

Temporary Alimony is a form of payment one party of the dissolution must pay their opposing party for a certain amount of time.

Rehabilitative Alimony

Rehabilitative Alimony is support for a spouse during a divorce that one party must pay until their opposing party is situated and have established themselves financially and are secured.

What is a Settlement Agreement?

A settlement agreement is a civil contract in which both parties come to an understanding to settle their distinctions. It is a legal document in which both parties in a court case consent in advance to the result of the conclusion. Hiring an attorney for this process is a smart decision to ensure the individual gets most of the things wished in their settlement. Here at Thompson and Belnap, our team is dedicated to work effectively to prepare a settlement for our client so that when a problem does arise, we can act quickly and logically. We work to provide the most plausible solution and work in favor of our client to gather all the essential evidence to help the individual make a decision that is deemed necessary.

Process of a Settlement Agreement

• Communicate with Opposing Party
• Statement of Parties Desires
• Identify Standard Terms
• Negotiate
• Acceptance

What is a Postnuptial Agreement?

A postnuptial agreement is essentially the same as the prenuptial arrangement, but you and your partner enter it after you have already married, rather than before. With our company we convey that change may happen over the course of one’s marriage and uphold to defend our clients during the advance of this path of selection. We make it our goal to subside the modification in one’s declaration of marriage and stand by our client through this hardship. We admire those individuals who carefully alter their decisions and seek support that will benefit their future. Our staff realizes the importance of change that may or may not be foreseeable and stand by to reinforce the foundation of one’s partnership they have created with another.

Requirements for a Postnuptial Agreement

• Voluntary Agreement
• Written Documents
• Signatures from Both Spouses
• Full Disclosure

What is a Prenuptial Agreement?

A Prenuptial Agreement is a contract between two people who are about to marry specifying their respective property and support rights after the marriage ends sure to divorce or death, also property rights during their marriage. Individuals obtain these agreements for a numerous quantity of reasons because their various aspects of the document regardless of one’s financials. Our firm in North County, appreciates the extra step a relationship takes for a commitment between partners and their decision to go forward with a prenuptial agreement. We believe it is the individual’s right to protect their assets/belongings and an intelligent option, we are joyful to provide guidance with proceeding to assist our clients during this process.

Elements to Consider for a Prenuptial Agreement

• Assets
• Debts
• Property Division
• Finances and Property After Death
• Custody and Support of Children (if any)
• Alimony

What is Property Distribution?

A property agreement is a legally enforcing contract in specific to who owns what over the timeline of a couple’s relationship, while also splitting the property of the couple if they ever decide to divorce. There are a lot of features in this process which makes it critical to obtain an attorney to help lead you through this action so that the individual can understand everything considered in the decision making. Sometimes it is hard to determine these distributions because you must provide evidence to keep your property after the separation. It is the individual’s right after separation to maintain the assets that were invested in during the timeline of the relationship/marriage. We consider all valuable property and assets the individual has either contributed to or brought into the relationship, our team works hard to ensure our clients are left satisfied in parting separate ways with their valuables.

Community Property

Community Property in a divorce is property that both parties in a marriage each have a right to their assets bought in the duration the marriage and is generally divided evenly amongst the parties during dissolution.

Separate Property

Separate Property in a divorce is property that was either given/inherited to one of the individuals in the marriage or that was obtained before the marriage.

 What is Guardianship?

Guardianship is when court may order that someone other than the child’s parent have custody over the child and/ manage their property as well. Guardianship is not just limited to the needs of a child, but for the needs of an elder as well. The purpose of guardianship is to ensure the safety and interests of the child/elder and our Law Firm in San Diego County is determined to do just that. We understand this may be a difficult situation and are very understanding of our client’s needs. At Thompson & Belnap our goal is to establish the need for a consistent guardian in a child’s life who can actively participate in every aspect that comes with the child. We take this matter very seriously because we know our youth’s future depends on it.

Possible Responsibilities for Guardians                            

• Decide Where This Person Resides
• Make Medical Decisions
• Decisions of End-Of-Life
• Report to the Courts
• Financials

What are Annulments?

An annulment is when a court might rule that your marriage or domestic union is not legitimate otherwise known as an annulment. Because of this, your marriage or domestic union was never legal, it is as though it never existed after an annulment. Our experienced team is specialized in sparing our client the hassle it takes to go through the annulment process which may be an overwhelming experience. Regarding the law, an annulment will cancel the marriage and is declared nonexistent in the eyes of the court. Whatever the circumstance may be, our attorneys are at your side every step of the way through the separation process, and it is an individual’s right to terminate their marriage under certain qualifying grounds.

Reasons for an Annulment

• Non-Consensual/Underage
• Fraud/Misrepresentation
• Incest
• Misunderstanding
• Bigamy
• Physical/Mental Health

The information we have provided on our website does not intend to authorize legal advice or legal opinion but is used for informational content purposes only. Changes in the law are constantly evolving and may not reflect current regulations therefore we are not responsible for any out-of-date information included on this site. Our website as well as any e-mail links provided with the site does not generate an attorney-client relationship between Thompson & Belnap or the consumer. We encourage readers to speak with an attorney regarding legal matters for guidance and if you have any further questions please feel free to reach out to us via email or phone.