Family Law and Divorce Attorney in Los Angeles, California

Law Office of Randi Susan Klein

234 South Figueroa Street
Los Angeles, California 90012
USA

(213) 680-4353

(213) 680-4534

www.lafamilylawattorney.com/

Send an email

Law Firm Overview

The Law Offices of Randi Susan Klein is an experienced, dedicated law firm located in Los Angeles, California. Since admitted to the Bar in 1991, I have been practicing law in California. I am an experienced litigator, and I have appeared in courts in counties throughout Northern and Southern California. Thus, while I will do my utmost to narrow and settle the issues before proceeding to trial, you can rest assured that if you reach an impasse with opposing counsel or your ex-spouse, I will competently and zealously advocate for you in court.

Going through a divorce can be a draining time financially and emotionally. I am here to help you get through this stressful time in your life. My goal is to guide you through this process, provide you with an understanding of the legal issues, and to help you avoid costly legal consequences.

My practice is focused on family law with an emphasis on child custody issues. I have an extensive background in juvenile dependency matters, which sets me apart from other family law attorneys who litigate custody battles. As a Los Angeles Family Law Attorney, my practice includes most aspects of divorce and family law.

Practice Areas

Additional Practice Areas: Juvenile Dependency; Division of Assets; Modifications.

Practice Areas Description

The Law Office of Randi Susan Klein represents clients for their family law concerns in the following areas:

- Divorce

California is a “no fault” divorce state. That means that if one spouse wants to terminate the marriage, the other spouse cannot prevent him or her from doing so. It also means that when a judge decides the underlying issues, his or her determination will not be based on who s/he believes to have caused the break-up, or, put differently, whose conduct the judge believes to have been more culpable. In other words, a California judge will not consider issues such as infidelity or undesirable behavior in the final judgment. This also means that absent certain exceptions, the marital estate, or the property that has been purchased, accumulated or improved during the marriage, will be divided equally, irrespective of fault.

- Legal Separation

Depending upon the circumstances, a party may opt to file for legal separation until s/he meets the California residency requirement. When parties are legally separated, their property is divided and support issues are determined. Also, property acquired by either party, after they’ve been legally separated, will not be classified as community property. It will be the separate property of the acquiring spouse. However, the parties will continue to remain legally married until the marriage is dissolved. In other words, the marital status will not be changed. Since the marital status is not terminated, most parties prefer to wait until they meet the California residency requirements, so that they can file for dissolution of marriage. However, if a party elects to file for legal separation, the action may be converted into a dissolution action once the residency requirements are met.

- Division of Assets

California is a Community Property State. That means that, absent certain exceptions, all property that is acquired or improved during marriage will be divided equally amongst the parties when the marriage is dissolved. Property that was inherited or acquired before marriage will continue to be the separate property of the acquiring spouse. However, the community may be entitled to a credit for value enhancing improvements that were made to a to a spouses separate property while the parties were married. The rules regarding property division, and the exceptions thereto, can get complicated. Therefore, it is best to retain an attorney who is experienced in property valuation in order to guide you through this process, and to get you the best deal possible under existing law. Division of property can affect your rights in real estate, stock plans, retirement benefits, business ownership interests, and other investments.

- Child Custody

There are two types of child custody in California: Legal and Physical Custody.

* Legal Custody

Legal custody is governed by California Family Code section 3003. It involves the right of the parents to make decisions regarding their children’s health, education and welfare. These decisions include the selection of the children’s doctors, the schools they attend, their religious instruction, their after school activities, and basically, any major decision involving their life. Generally, both parents are awarded joint legal custody, which means that they both have an equal say in these decisions, even if the children spend the majority of their time with only one of the parents. In the rare instance where a court will order something less than joint legal custody, there must be a showing that one of the spouses is either an unfit parent, or otherwise incapable of making decisions regarding their children’s welfare. The burden of making that showing will be on the party who is making the allegations.

* Physical Custody

Physical custody refers to the living arrangement of the children and is governed by California Family Code section 3004. Unlike legal custody, it is not uncommon for there to be an unequal division of physical custody. Thus, if the children spend the majority of their time with one of the parents, that parent will be deemed to have primary physical custody. The other parent will have visitation rights. If the children spend an equal amount of time with both parents, then the parents will be deemed to have joint physical custody.

* Modification of Custody Orders

Court ordered custody arrangements may always be modified by a showing of changed circumstances. Examples of changed circumstance include a change in a parents work schedule, a change in jobs, obligations to a new family, and relocation. A court will modify an order based on the children’s best interest. Again, a family law judge will look favorably on a parent who allows the other parent to have regular contact with the children.

- Child Support

Child support orders are based on two primary factors: 1) the income of both parties, and, 2) the amount of time each party spends with the children. Generally, the non-custodial parent, or the parent whose income is the highest, pays support to the other parent for the time period that the children are not in his or her custody. In other words, the more time the non-custodial parent spends with the children, the less child support s/he will be ordered to pay to the custodial parent.

- Spousal Support

In addition to Child Support, a California court may order that one spouse pay support to the other, both during the dissolution proceeding in order to maintain the status quo, and after the final judgment of dissolution has been entered. The duration of court ordered spousal support will depend upon the length of the marriage. Generally, if the parties have been married for less than ten (10) years, support will be ordered for one-half (½) the length of the marriage. If the parties have been married for more than ten (10) years, the court has jurisdiction to order support until the payee spouse either re-marries or dies.

- Domestic Violence

A party who has been found to have engaged in domestic violence is presumed to be an unfit parent. Therefore, a finding of domestic violence can negatively affect a parent’s custody rights. A party who is a victim of domestic violence should seek intervention from the police and the courts. The police department has the authority to arrest and remove the abuser, and to issue an emergency protective order. A court has the authority to issue a temporary restraining order, and to order the offending party out of the home, pending a hearing on a permanent injunction.

- Paternity

Paternity actions are filed in situations where parties who are parents together, never married, and one of the parents is seeking support, custody, or a determination of parentage. Either party, the mother or the father, may file a Petition to Establish Paternity. As in divorce proceedings in which the parties were married, child support obligations cannot be waived in situations in which the parties were never married. Parents are legally obligated to support their children, regardless of their marital status. Likewise, both parents are entitled to make decisions regarding their child’s welfare, and to share in the custody and raising of their children, once there has been a determination of paternity.

- Juvenile Dependency

Juvenile dependency proceedings are initiated when it is believed that the children have been abused or neglected. The office of County Council files a petition to make these children wards of the court. These proceedings are governed the by California Welfare and Institutions Code section 300 et, seq. If there is a finding of wrongdoing on behalf of the parents, or if the court believes that the children are at risk, it will assert jurisdiction over the children. In plain English, that means that the court has the authority to make decisions regarding the placement and care of these children, while their parents go through rehabilitation. Parental rights are suspended during this interim period.