Email Us

Settlement minded.
Trial ready.

FAMILY LAW PRACTICE AREAS

Dealing with Family Law issues can be one of the most emotionally taxing experiences you might ever face. Coupled with the emotional element comes the frustration of having to work within a legal system that can often seem overwhelming and confusing.

At The Law Offices of David C. Beavans we understand that preserving your personal interests within the Family Court system can set the tone for your future. Our Family Law attorneys are experienced and successful in both settling and litigating the many issues faced by family law clients.

DIVORCE

A pending divorce brings with it a host of mixed emotions and uncertainty. Losing the foundation of the family unit that one has become accustomed to is never easy. In addition, the frustration of potentially hostile litigation can seem overwhelming.

In California, dissolution proceedings require the parties to address:


  • Child custody and visitation rights
  • Alimony/Child support
  • Division of marital property
  • Payments of debts incurred during the marriage

At The Law Offices of David C. Beavans, we represent clients throughout San Diego County and surrounding areas, including Central San Diego, North County, El Cajon and Chula Vista in matters of legal separation and divorce, including child custody and visitation, child support, property division, and spousal support. We take the necessary time to fully understand each case, explore every possible option, and pursue the most favorable results for our clients. We work hard for our clients in order to obtain the best results in the most efficient manner possible.

CHILD CUSTODY

Child custody is one of the most emotional and stressful issues in a divorce process. Not only is it difficult for both of the parents, the children are the ones who are the most affected. As a loving parent, you want the best situation for your child or children. But unfortunately, not all couples can come to an agreement over custody related issues and it is up to the court to decide custody rights. Don't risk losing your children to court rulings.
Every child custody case is unique and an attorney is invaluable in sorting out these issues.

Our experienced San Diego child custody lawyers can help with any of the following child custody related legal matters:

  • Visitation Rights
  • Sole Legal Custody
  • Legal Custody
  • Physical Custody
  • Shared or Split Custody
  • Joint Physical Custody
  • Joint Legal Custody
  • Grandparents Custody & Visitations Rights

If you are in a divorce process, or fighting a child custody battle, it is imperative that you seek the legal help of an experienced San Diego child custody attorney who has the genuine compassion to see that you and your children's best interests are met.

At The Law Offices of David C. Beavans, we have experience in both settling custody disputes as well as working with our clients through the complex process of litigating a custody dispute. We prepare our clients for the crucial step of Family Court Services Mediation and work hard to present the right evidence to the Court so that a proper and fair result is achieved.


CHILD SUPPORT

The State of California utilizes a mandated guideline formula to calculate child support orders. This formula takes into consideration several factors including each party's monthly income, the number of children, and the custodial timeshare percentage between the parents.

At The Law Officse of David C. Beavans, our attorneys have successfully represented family law litigants in the following child support related issues:

  • Establishment of child support orders
  • Enforcing non-payment of child support
  • Child support modification
  • Disputes with Department of Child Support Services
  • Arrears determination

Reaching a child support agreement can be an overwhelming process. It is in your best interests to seek the help of a skillful and knowledgeable attorney with experience in handling family law matters and child support issues.



DOMESTIC VIOLENCE

An ugly secret of family life is domestic violence. Whether it is due to anger management issues or is drug or alcohol-related, it can leave family members with both psychological and physical scars. Domestic violence can include child abuse and neglect, spousal or domestic-partner abuse, and elder abuse. Laws for these crimes also cover threats of violence, sexual abuse, emotional abuse, harassment, stalking, and economic deprivation. Victims of these horrendous crimes need a safe haven, proper support and an opportunity to heal.

If you or someone you know is a victim of domestic violence, you need someone on your side who is knowledgeable of the laws. The attorneys at The Law Offices of David C. Beavans can help. We are experienced in dealing with family law domestic violence and abuse cases and our goal is to remove you from and keep you out of harm's way. We'll make sure you get the protection you need through restraining orders, orders of protection and by pressing criminal charges and more. And furthermore, we will be at your side every step of the process.

DOMESTIC VIOLENCE DEFENSE

Unfortunately, at times the domestic violence restraining order system is abused. You may find yourself in a situation where false allegations have been made. You cannot afford to let the system run its course without putting up a fight. A domestic violence restraining order could have a substantial effect on your ability to obtain legal and physical custody rights of your children.

If you have been falsely accused of domestic violence, call The Law Offices of David C. Beavans now so that we can come to your defense. We will take active measures to ensure that the Court has all of the evidence before it prior to issuing an order of protection. We have experience in defending and defeating requests for domestic violence restraining orders.

CALIFORNIA PATERNITY ACTIONS

All parents, both mothers and fathers, have the responsibility of caring for their children. In the case of a child born out of wedlock, it may be necessary to make a request of the court to prove the father's accountability. Or, it may be a case of the father desiring his legal rights as a parent. The court is also a means of resolving child custody, visitation and support concerns. To do this you will need a San Diego paternity lawyer from The Law Offices of David C. Beavans.​​

Paternity can be easily established with a DNA test from a blood draw or a cheek swab from both parents and the child. The test can definitely rule out anyone who is not the father or show a probability of paternity. The probability is typically 95 to 99 percent and that is admissible in court.

There are legal and emotional rights that are available for the child once paternity is established:

  • The right to the father's Social Security disability or death benefits, any medical or life insurance benefits, or any veteran's benefits
  • Coverage under the father's health care insurance
  • The right to access the father's family medical history for health care reasons
  • Upon the death of the father, the right to inherit from the father's estate
  • The right to be claimed as a dependent for school financial aid and for tax purposes
  • A sense of identity
  • Hopefully, a good role model who will love them, teach them and be there for them

If you are a single mother desiring financial and emotional support for your child or if you are a father wishing to take an active role in your child's life, contact our office. We have successfully represented both mothers and fathers in paternity cases. As in all legal proceedings that involve children, we will work to achieve what is in their best interests.
As there is a time limit on such actions in the state of California, it is important to speak with an experienced San Diego family lawyer as soon as possible. Call us today and we will be happy to answer all of your questions and put your mind at ease.

MULTI-STATE CHILD CUSTODY/SUPPORT

When child custody and support cases cross state lines, more complications and conflicts may arise. An interstate child custody and/or support case is far more difficult and complicated; only a quality San Diego interstate child custody lawyer can provide useful legal advice and help you determine what is best for your situation.
The Law Offices of David C. Beavans is dedicated to helping you resolve complex family law and child custody matters. Our firm has helped numerous people achieve the best result considering the complex circumstances surrounding their cases.

If you are caught in the middle of a multi state issue, call The Law Offices of David C. Beavans today for a free consultation and let us help you sort through these complex family law issues.




ORDER ENFORCEMENT

If your ex is not living up to their half of the divorce judgment, you can do something about it. The Law Offices of David C. Beavans offers family law representation in San Diego that can help you seek enforcement for child custody problems or delinquent support payments. Remember, these agreements are not optional, they are binding.

A San Diego enforcement lawyer can help bring your case to court, where your spouse may face wage garnishments, property seizure, driver's license suspensions, even jail time, for breaking your divorce agreement or other order of the court.

Make your spouse honor the legal contract they are tied to and ensure your rights are protected by contacting a San Diego family lawyer as soon as your ex fails to uphold their half of the agreement. Our family law office in San Diego has the experience required to take your spouse to court and make them respect your divorce agreement. Call today to speak with an experienced representative about your situation.


PROPERTY DIVISION


Our state is what's known as a "community property state." What that means is that, with a few exceptions, anything you and your spouse collect during your marriage is subject to division after a divorce.

While navigating the divorce process, it frequently becomes difficult to divide assets easily between both parties, particularly considering the emotional element of divorce proceedings. The longer the relationship, the more difficult it is to divide the property. That is why it is crucial to hire a skilled San Diego property division lawyer when you are going through the property division stage of a divorce. Our family law office in San Diego can give you sound advice in helping you to move forward without prejudicing your interests.

It is crucial that you know your rights with respect to the division of community property. Call The Law Offices of David C. Beavans and talk to a skilled family law attorney about your case. We will help you find an equitable solution.

SPOUSAL SUPPORT

In California, a divorce need not be complete before one partner begins collecting spousal support, frequently referred to as alimony. While the divorce proceedings are going on, the spouse can ask the court to issue a "temporary spousal/partner support order." The formula for deciding this temporary income method vary from county to county, but a San Diego spousal support attorney from The Law Offices of David C. Beavans can help you estimate the amount of support you are entitled to or would be required to pay.

The California legislature has created a set number of factors for a judge to consider when deciding on the value of the final support decree. These decisions are considered after child support is set, ensuring children are always taken care of first. When the judge considers the support judgment, he or she must take into account the following:

  • The needs of each person and the standard of living they were accustomed to before and after the marriage
  • Each partner's earnings
  • The length of the relationship involved
  • Property and debts of both partners
  • The age and health of both parties (including mental health)
  • The effect that both parents working a full time job will have on the children
  • The effect that watching children may have on either parent's career
  • If the relationship had any history of domestic violence
  • If either person played a major role in the foundation of the other's career
  • How each partner managed money throughout the relationship

If a relationship has lasted more than ten years, the court will usually issue a "reservation of jurisdiction" when they choose not implement spousal support This means that one of the partners can request spousal support up to a year later if the need arises.
Support payments generally go on until one person passes away, the person receiving support becomes married again or begins to cohabitate with another person, or until a new court decision terminates the support. If the circumstances of either party dramatically change, a court may revise or cancel the support payments.
If you are facing a divorce and have any questions about spousal support, contact a San Diego attorney from our firm today. Our family law office in San Diego is dedicated to helping you get through this troubling time in the smoothest and least painful way possible.

MARITAL SETTLEMENT AGREEMENTS

Marital and property settlement agreements are documents that completely spell out the terms of a divorce. Both parties will be expected to review the documents with their respective San Diego divorce lawyer and then sign the papers to prove that they have agreed to the terms set forth in the document.
A marital and property settlement agreement will not only deal with the division of marital assets and finances, but also with issues related to children, including custody and support. If you and your partner own any business, real estate, stocks or other investments together, these detailed issues will also be included. Essentially, this is the paperwork that explicitly details everything you and your San Diego divorce attorney have worked out with your spouse and their legal representative.

The specific contents of each settlement agreement will vary based on each individual couple's needs. If you and your partner were only married a short time and had limited shared assets with no children, the agreement may be rather short. On the other hand, if you have been going through a complex divorce that has involved weeks of discussions between your San Diego divorce lawyer and your spouse's representative, the document may be quite lengthy. Typically though, the agreement will contain:

  • The identity of both parties and a recital of facts
  • The identification of all assets and property, including the proposed post-dissolution distribution of the property
  • Information on the payment of debts
  • Children's custody and visitation matters
  • Child support information
  • Spousal support agreements or a waiver or spousal support
  • The expenses of both party's attorneys
  • Rights waivers
  • Disclosures for communal property discovered after the dissolution
  • The effective date
  • And a selection of documents detailing complex legal matters

While you can go through this paperwork and process alone, it is much faster and less emotional when you work through the process with the help of a top San Diego divorce attorney. If you have any questions or would like to schedule an appointment, please call The Law Offices of David C. Beavans today.

FEES & COSTS


Our family law attorneys at The Law Offices of David C. Beavans offer skilled and aggressive representation at an affordable cost to you. We can work within your budget. Our family law attorneys will quote hourly fee arrangements on a case by case basis.