The Family Law unit can provide immediate legal assistance to low-income persons concerning:
- Child abduction
- Child custody and visitation
- Child Support
- Divorce
- Domestic violence
If you need to speak with someone, please call us at (323) 801-7989 or contact us.
To be eligible for LAFLA services, you must meet certain income requirements. You must also meet certain citizenship and immigration requirements.
You can get help by coming to our walk-in clinics at the courthouses in downtown Los Angeles, Santa Monica, Long Beach, and Torrance. For more information about our clinics, please visit our Services Section or search the LAFLA Calendar.
Child Custody
In California parents have equal rights to custody of their children
if there is no contrary court order.
The filing by one parent of a paternity action or a dissolution action causes an immediate restraining order to go into effect. The restraining order prevents either parent from taking the child that is the subject of the lawsuit outside California without the written consent of the other parent. The law does not appear to require a parent who already has the child outside the state to return it to California. This restraining order is effective on the parent who files the lawsuit immediately and is effective against the other parent when they are served with the lawsuit.
In California, it can be a criminal offense for one parent to conceal a child from the other parent without "good cause". Good cause requires that the parent hiding the child believes the concealment is necessary to protect the child from immediate bodily injury or emotional harm. See Penal Code section 277 for a more specific definition of "good cause" and the requirements that must be followed by a parent who conceals a child. If there is no good cause to justify concealing a child from the other parent, then if one parent moves or goes on vacation with the child they should provide the other parent with the child's address. It is not a crime for one parent to take a child outside California if no action or order preventing removal has been served on them and they do not conceal the child from the other parent.
A state usually has jurisdiction to determine custody and visitation for a child that regularly lived in the state for six months after the child leaves the state. Therefore, if the other parent took the child and left California, you should file an action in California to determine custody within six months of the child's departure, and the sooner the better.
California law encourages both parents to maintain a relationship with their children. Therefore, it is hard for a custodial parent to obtain a custody order that does not give the other parent visitation rights. Usually the non-custodial parent will be given some visitation with the children even if he refuses to pay child support. The most common actions for a determination of custody or visitation is a paternity action if the parties are not married.
Child Support
All parents are responsible for financially supporting their children.
If parents do not live together a child support order can be obtained.
A child support order usually orders the non-custodial parent
to pay a certain amount each month to help support their children.
Child support orders are based on the income of both parents,
the amount of time both parents spend with the children and other
children being supported by each parent. Usually not considered
in the court's determination of child support are the parent's
other financial obligations such as to new spouses, step-children,
car payments, rent, etc.
A child support order generally continues until a new court order is obtained, or until the child turns 18 and leaves high school. A new court order to raise or lower the amount of child support can be requested by either parent. Unpaid child support accumulates interest of 10 percent per year and can also accumulate penalties and fines. Unpaid child support can affect your credit, your ability to obtain loans, and your ability to renew professional licenses. Therefore, it is important that child support be paid on time. If circumstances change such that a child support order cannot be paid, the non-custodial parent should immediately seek a court ordered reduction in the amount of child support.
One way to ask for a change in child support is to file a completed Order to Show Cause (From 1285), Application for Order and Supporting Declaration (Form 1285.50) and a four page Income and Expense Declaration (Form 1285.40). The court fee for filing these documents can be waived if you have a very low income. When these forms are filed with the court, the court clerk will set a hearing date. Copies of these completed forms, as well as blanks of Forms 1285.50 and 1285.40 must then be served on the proper person at least 21 days before the court hearing. The proper person to be served is either the other parent, the other parent's attorney, and/or the District Attorney. At the court hearing the judge will decide whether to change the amount of child support only if you have proof that the correct person was personally served at least 21 days before the hearing.
If you are a custodial parent and need a child support order, you can either file your own lawsuit against the non-custodial parent (such as a paternity or dissolution action) and/or you can ask the District Attorney to file a lawsuit on your behalf. The District Attorney can be reached at (800) 615-8858. The District Attorney is free, but usually very slow. It is usually faster to file your own lawsuit.
Divorce
In California, a divorce is called a dissolution. Anyone who has
lived in California for six months and the county of Los Angeles
for three months can file a petition for dissolution in Los Angeles
County. If you meet these residency requirements you can file
a petition for dissolution in Los Angeles County even if your
spouse lives in another country or you are not a U.S. citizen.
It takes a minimum of six months to complete a dissolution after
the other party is served. Most people take much longer to complete
their dissolution.
It costs almost $200 to file a petition for dissolution in Los Angeles County. However, if you are poor you can ask the court for a fee waiver so you don't have to pay this filing fee. In a dissolution the court can decide many issues arising out of the marriage such as:
- Division of property and debts
- Child custody and visitation
- Child and spousal support
- Restraining orders
There are two procedures for obtaining a dissolution in California. The easier procedure is called a summary dissolution. In a summary dissolution both spouses must sign a joint petition agreeing to the dissolution, and file documents disclosing their assets and debts. Six months after the Joint Petition for Summary Dissolution is filed at the court, one of the spouses must file at the court a Request for Final Judgment.
Unfortunately, few people are eligible for the easier method. To be eligible the spouses must have been married less than five years, have no children together, and have minimal assets and debts.
If you do not qualify for a summary dissolution, or the other party won't cooperate, you must follow the regular dissolution procedure which is complicated. It requires you to file a Summons, Petition for Dissolution, and other papers. You must then have your spouse served with the necessary court papers. If your spouse cannot be located you must obtain a court order allowing you to serve your spouse by publishing a notice in a newspaper.
After being served, your spouse has 30 days to file a Response. If he fails to file a Response by the end of the third day period, you can file papers with the court showing that he has been served and asking that his default be taken. Once the default of the other spouse is entered he has no further right to appear in the action. After his default is taken you can file more papers with the court asking that the court enter a dissolution of the marriage, or you can ask for a court hearing to enter the dissolution. You must also prepare and serve on your spouse a preliminary declaration of disclosure and you must prepare the Judgment for the court to sign.
A regular dissolution is complicated and time consuming. If you cannot afford an attorney to help you, you should at least seek experienced help in filling out the necessary court papers and instructions on what to do with them. There are also books at your local public library or at the downtown Law Library that can help you understand the general procedures for obtaining a dissolution. However, the forms and procedures change yearly, so don't rely on an old book.
Family Law Referrals
For assistance with divorces and many other Family Law problems,
please see the referral list on our resources
page.
Family Law Facilitator provides assistance with child support, spousal support and health issues. Get office information or download a flier.
Family Law Information Center provides family law information, referrals, and assistance to public such as legal forms and procedural guidance in:
- Dissolution of marriage (divorces)
- Legal separations
- Family law paternity cases
- Child support parentage cases
- Guardianships and restraining orders
Get office information or download a flier.
Some notaries and paralegals say that they help people fill out family law and domestic violence forms for a fee. However, many of these places overcharge or do not fill out the papers properly. You should avoid paying a large, up-front fee to a non-attorney who promises to do your entire case for you. Many of these people will disappear with your money or simply don't know how to complete your matter.
Private Attorneys
If you need a lawyer to handle your family law matter, you can
call the lawyer referral service at (213) 243-1525.
Ask for a lawyer that specializes in family law. If you have questions about a lawyer, you can call the California State Bar at (800) 843-9053.
The LA County Bar Association has a separate law line which provides detailed taped messages about family law issues. To ask them to send you a list of the information selections of that law line, call them at (213) 243-1500.
© 2008 Legal Aid Foundation of Los Angeles
