A divorce, child custody case or other family law case does not always have to be a traumatic, combative experience. Even when the issues are complex, your future is at stake and emotions are running high, I will work hard to protect your legal rights while avoiding unnecessary conflict and stress.

As a skilled Walnut Creek Divorce Lawyer, my goal is to resolve matters quickly and to save clients the trauma of litigation. But I will vigorously defend your rights in court when needed. I provide quality legal guidance to clients in the Bay Area and throughout Northern California, in the following practice areas:

• Family Law
• Dissolution
• Child Custody
• Child Support
• Adoption
• Property Division
• Domestic Violence
• Marriage Settlement Agreements
• Visitation
• Spousal Support
• Paternity
• Guardianships
• Motions to Modify
• Relocation
• Post-Judgment Actions
• Prenuptial Agreements
• Divorce Mediation

As a respected Walnut Creek Divorce Lawyer, I rely on strong negotiation and mediation techniques to fight for what is fair in your divorce settlement. Avoiding the emotional stress and substantial expense of a lengthy trial is always my goal, but when necessary I bring excellent courtroom skills to bear to protect your rights and interests. Let me help you move your life in a positive, new direction.

From my office in Walnut Creek, I provide effective family law representation to clients in Martinez, Antioch, Pittsburg, Concord, Lafayette, Orinda, Brentwood, Livermore, Pleasanton, Dublin, Contra Costa County, Alameda County, and throughout the East San Francisco Bay Area.

I founded my Firm in 2000 on a commitment to helping East Bay residents achieve their legal goals through excellent representation at reasonable rates. Named the Bay Area Legal Aid Pro Bono Lawyer of the Year in 2007, I have an unwavering dedication to providing legal assistance to those most in need. Please contact my office to discuss your divorce, child custody, or other family law matter with an experienced and dedicated Bay Area attorney.

The Importance of Child Support:
Child support covers everything a child needs, and even more, during the growth and formative years. A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life, and children should share in the standard of living of both parents.

The amount of a child support award is more than a question of bare necessities. If the child has a wealthy parent, that child is entitled to, and therefore needs something more than the bare necessities of life. Where the supporting parent enjoys a lifestyle that far exceeds the custodial parent's living standard, child support must, to some degree, reflect that more opulent lifestyle. This is so even though, as a practical matter, the child support payments may incidentally benefit others in the custodial household whom the payor parent has no obligation to support (e.g., custodial parent owed no spousal support, adult children, or children from custodial parent's other relationships). Children are entitled to share in the non-custodial parent’s elevated standard of living despite custodial parent's lower income.

If you or someone you know in the Bay Area or anywhere in Northern California needs the assistance of an experienced Walnut Creek Divorce Lawyer, call Attorney Michael Fosco today at 866-738-5073, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to.  The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move.  This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. 

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky.  Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation.  The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner.  This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement.  The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

If you or someone you know in the Bay Area or anywhere in Northern California needs the assistance of an experienced Walnut Creek Divorce Lawyer, call Attorney Michael Fosco today at 866-738-5073, or complete the contact form provided on this site to schedule your free consultation.

If you or someone you know in the Bay Area or anywhere in Northern California needs the assistance of an experienced Walnut Creek Divorce Lawyer, call Attorney Michael Fosco today at 866-738-5073, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Law Office of Michael R. Fosco
1700 N. Broadway, Suite 300
Walnut Creek, CA 94596
Telephone: 866-738-5073
Fax: 925-690-8207
Evening and weekend appointments available

MEMBERS OF THE FIRM:

Michael R. Fosco

EDUCATION:

• CSULB, B.S., Magna Cum Laude, 1975
• New Port University, J.D., 1998

JURISDICTIONS:

• California

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• State Bar of California
• San Francisco Bar Association
• Contra Costa Bar Association
• Italian American Bar Association
• Contra Costa Association of Realtors
• Bay Area Legal Aid 2007 Outstanding Family Law Pro Bono Attorney