Best Family Lawyers in Burlingame

About Family Law in Burlingame, United States

Family law in Burlingame, United States, covers legal matters that affect families and domestic relationships. These matters often include divorce, child custody and support, spousal support, property division, adoption, restraining orders, and guardianship. As a city in San Mateo County, Burlingame is governed by both California state family laws and specific procedures and rules set by local courts. The family law system is designed to protect the interests and welfare of family members, especially children, while ensuring that each party’s rights are upheld.

Why You May Need a Lawyer

Family law matters are often complex and emotionally charged. Here are some common situations where you may require legal assistance:

• Divorce or Separation - Legal help ensures that your interests are protected during the division of property, debts, and assets.
• Child Custody and Visitation - Lawyers advocate for fair arrangements focused on your child’s best interest.
• Child or Spousal Support - Negotiating or modifying support orders can be complicated and may require legal guidance.
• Domestic Violence - If you need a restraining order or protection from abuse, legal support is crucial.
• Adoption or Guardianship - Legal counsel helps ensure all procedures are followed, so there are no complications later.
• Paternity Issues - Establishing paternity can impact child custody, visitation, and support.
• Marital Agreements - Drafting prenuptial or postnuptial agreements to protect your assets requires legal expertise.

In most family law situations, an experienced lawyer can help you understand your rights, navigate the legal system, and achieve a favorable outcome for you and your family.

Local Laws Overview

Burlingame follows the California Family Code, which sets forth how courts handle marriage dissolution, custody, support, and related issues. Here are some key aspects of local family law:

• No-Fault Divorce - California allows for no-fault divorces, meaning that you do not have to prove wrongdoing to dissolve the marriage.
• Community Property - Marital property is generally considered community property and is divided equally between spouses unless otherwise agreed.
• Best Interests of the Child - Child custody and visitation decisions are always based on what is in the child’s best interest.
• Child and Spousal Support - Both are determined by state guidelines, taking into account income, needs, and other relevant factors.
• Mandatory Mediation - San Mateo County often requires mediation for custody and visitation disputes before court involvement.
• Domestic Violence Restraining Orders - Local courts process applications for protection from abuse or harassment.
• Local Procedures - The San Mateo County Superior Court Family Law Division manages filings, hearings, and mediations. Specific rules or forms may apply in Burlingame cases.

Frequently Asked Questions

What steps are involved in filing for divorce in Burlingame?

You or your spouse must have lived in California for at least six months and in San Mateo County for at least three months. Divorce begins by filing a petition with the local Superior Court. The other spouse must be served with this paperwork. The process typically involves disclosure of assets, negotiation or mediation, and, if necessary, a court hearing to resolve disputes.

How is child custody determined?

The court evaluates what arrangement serves the child’s best interests, considering factors like each parent’s ability to care for the child, the child’s age, health, emotional ties, and any history of abuse or substance use.

What is community property?

Community property refers to most property and debts acquired during the marriage, which are divided equally upon divorce, unless there is a valid agreement stating otherwise.

How is child support calculated?

Child support is determined by a state formula that considers parents’ income, the amount of time each parent spends with the child, childcare costs, and health insurance expenses.

Can I get a restraining order for domestic violence?

Yes, if you have been abused or threatened, you can request a restraining order at the local Superior Court. There are emergency and longer-term restraining orders available.

Do we need to go to court for all family law matters?

Not always. Many issues, like uncontested divorces or custody agreements, can be resolved outside of court through mediation or negotiation. Only disputes that cannot be resolved amicably proceed to court.

What rights do unmarried parents have?

Unmarried parents have the same rights regarding custody and support as married parents. However, paternity may need to be legally established for fathers to have these rights or obligations.

How do I modify a custody or support order?

If there has been a significant change in circumstances, either parent can file a request to modify an existing order through the family court.

Is mediation required?

Yes, for child custody and visitation disputes, San Mateo County typically requires mediation before a court will resolve the matter.

What if my ex-spouse is not complying with the court order?

You can return to court to request enforcement of the order. This can include seeking wage garnishment for unpaid support or changes to custody if the order is being violated.

Additional Resources

If you need more help or information, the following resources in or near Burlingame can be helpful:

• San Mateo County Superior Court - Family Law Division: For forms, filings, and local court information
• San Mateo County Family Law Facilitator's Office: Offers free assistance with family law forms and procedures
• Legal Aid Society of San Mateo County: Provides free or low-cost legal advice and representation
• California Courts Self-Help Center: Guides on family law topics and online resources
• Domestic Violence Shelters and Hotlines: Support services and emergency protection
• Certified Family Law Specialists: Attorneys recognized for expertise in California family law

Next Steps

If you are facing a family law issue in Burlingame, it is important to:

• Collect and organize all relevant documents, including marriage certificates, financial statements, and any existing court orders.
• Consult with a qualified family law attorney to discuss your situation and receive tailored advice.
• Visit the local Superior Court’s website or assistance office for procedural details and necessary forms.
• Seek support from local organizations if you need financial or emotional assistance, especially in cases involving domestic violence or child welfare.
• Consider mediation or alternative dispute resolution to settle matters out of court if possible, as these options can save time and reduce stress.

Every family law case is unique. Having professional guidance can help you understand your rights, meet important deadlines, and move toward the best possible resolution for your family.