The Family Law Division of the San Diego Superior Court handles cases such as Divorce, Legal Separation and other cases as referenced on this page. These areas are extremely important as court orders regarding the custody of a child or the amount of support to be paid or received, can significantly impact one’s life. Mr. Huguenor is a Certified Specialist in Family Law (State Bar of California, Board of Legal Specialization). Mr. Huguenor has many years aof professional experience with Family Law actions such as Dissolution of Marriage (Divorce), Domestic Partnership, Legal Separation, Nullity, Paternity/Parentage, Child Custody and Visitation, Spousal and Child Support, and Domestic Violence.
When parents separate, where will the child or children live? Will both parents share physical custody, or will one parent want to have the sole physical custody of the child or children? Legal custody includes the legal right to make decisions regarding a child’s health and welfare. Just like physical custody of a child, legal custody can be shared or awarded to only one parent. Mr. Huguenor has successfully been involved in many motions for legal child custody and physical child custody. Mr. Huguenor has successfully been involved in motions for grandparents to have custody of a grandchild.
Child Custody Move Away Motions
After a divorce or separation one parent may decide to move his or her residence. This may be within San Diego County. But it also may be a move to another city or even another country. If the parent having primary custody is moving, the other parent may want (and need) new child custody orders. A child can be shared by two parents living separately but usually only within a close distance to each other. When the move creates a long distance between the parents “move away” issues are raised. Does the custody visitation order need to be changed? Can the parent not moving get an order changing the custody orders? If both parents cannot agree to new orders a move away motion will need to be filed in court. Mr. Huguenor has a great deal of professional experience with Move Away issues.
Child Custody International Move Away
When the custody parent is moving to another country, the custody and visitation orders may have to be changed. Custody orders can be modified by the mutual agreement of the parents. When the parents cannot reach an agreement, a motion must be filed in court requesting new parenting orders or even an order changing custody to the parent who is not moving.
Spousal Support (Alimony)
When parents separate or divorce, one parent may file a motion requesting monetary support for that parent. This is known as a request in court for spousal support. Mr. Huguenor has a great deal of experience in the handling of spousal support motions as well as defending against such motions.
Upon physical separation between the parents, one parent may need money from the other parent to help with the child’s expenses, such as food, shelter, medical costs, education costs and other expenses that the primary custody parent will have. The judge may impute income to a parent who is not working and does not have an income. The State of California uses a statewide formula for attorneys and judges to determine the amount of support in a particular case. Even with a formula there are several factors that may be contested. It would be a mistake for a parent to assume that by virtue of a statewide formula legal representation is not needed.
Domestic Violence Restraining Orders
DVROs are likely the most powerful set of pleadings that can be made in a family law case. For example, when two people live in a residence and the relationship is ending, one party may want the other party to move out. Often, the other party refuses to move out and it may take many months for a lawyer to get exclusive use and enjoyment of a residence for the party through a motion filed in court. However, a DVRO may be granted in one day. Often the DVRO is presented to the court in the morning and the DVRO, if granted, is signed by the judge and the other party is served with the RO in the afternoon. Many people get help from court services as to the preparation of the RO and getting the judge’s signature. The restrained person will need the help of an attorney in resisting the emergency (ex parte) request for orders and also help with the court hearing where the request for ROs are presented and at future hearings when a RO can be permanently granted or dismissed. Mr. Huguenor has a great amount of experience with ROs and DVROs.
Divorce - Seperation - Annulment
Divorce (dissolution of marriage) is initiated by a petition that is filed in court. The petition is then served on the Respondent by the Petitioner’s law firm (when the Petitioner has an attorney). The Petition is a form identified as FL 100. FL 100 allows the Petitioner to request a divorce, an annulment or a Legal Separation of a marriage or a domestic partnership. As with a divorce, a party who files for a Separatioin has the Petition served on the other party. The same is true for a party asking to nullify the marriage. The procedure that is the most difficult of the three (Divorce, Separation or Annulment) is the Annulment: The grounds include 1) the requesting party was not 18 years old at the time of the marriage. There are several grounds for Annulment including fraud and unsound mind. Mr. Huguenor has been successful in annulment applications.
A married couple may apply for a Legal Separation without filing for a divorce. There are many reasons some petition the court for a separation. For example, one’s personal or religious beliefs rule out the filing for a divorce. You can get similar orders from the court as in filing for a divorce; however, at the end of the case, you still will be married. Mr. Huguenor can help with the important decisions regarding divorce, legal separation and Annulment.
Smart and tough representation. Attorney Thomas M. Huguenor is experienced and dedicated to his clients. He is a well-respected member of the San Diego legal community. Tom comes with over 30 years of hands on experience extending throughout numerous areas of family law including divorce, child custody and child support. I would highly recommend this very thorough and well informed law firm to anyone.- Elise E.
Tom (is) not your average attorney. A professional and really knows family law. I communicated my situation to multiple lawyers across the state and have never had a solid response to my situation. Tom has showed his professionalism since day 1. I cannot say enough good stuff… and highly recommend to anyone.- Kosta D.
I highly recommend the Law Office of Thomas M. Huguenor…(who is now working with Antonyan Miranda, LLP).- Mario