Services Offered
With her 20+ years of experience in Marin County family law proceedings, Kristine Fowler Cirby can fully represent your interests in any issue below, no matter how complex or contentious. Her goal is to resolve your family law matters as smoothly and efficiently as possible, but always with your rights and best interests protected. Kristine Fowler Cirby has assisted hundreds of parents obtain custody, visitation, and/or support orders, as well as draft agreements the parties reach without the Court.
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Divorce
"Divorce isn't such a tragedy. A tragedy is staying in an unhappy marriage, teaching your children the wrong things about love. Nobody ever died of divorce.' -- Jennifer Warner
Even if both parties want a divorce, the divorce must resolve all the following issues:
*Modifications: Custody, visitation and support can be modified any time if there has been a change of circumstances. A post-judgment modification of a court order requires going back to court and proving the facts that justify the change. If the other party opposes the proposed modification, then the court will decide the matter. Whether you are working together with a former spouse on a modification, or you are seeking or opposing a change in court, Kristine Fowler Cirby can provide the advice and representation you need to help you get the result you want.
"Divorce isn't such a tragedy. A tragedy is staying in an unhappy marriage, teaching your children the wrong things about love. Nobody ever died of divorce.' -- Jennifer Warner
Even if both parties want a divorce, the divorce must resolve all the following issues:
- Child Custody and Visitation – When and where the children live with each parent; who makes decisions regarding the children’s upbringing.
- Child Support – How much one parent must pay to the other to help support the children.
- Property Division – Marital property is subject to an equitable division between the couple; an equitable division is not always a 50/50 split
- Spousal Support – Whether one former spouse will pay support to other former through periodic payments for a certain duration.
*Modifications: Custody, visitation and support can be modified any time if there has been a change of circumstances. A post-judgment modification of a court order requires going back to court and proving the facts that justify the change. If the other party opposes the proposed modification, then the court will decide the matter. Whether you are working together with a former spouse on a modification, or you are seeking or opposing a change in court, Kristine Fowler Cirby can provide the advice and representation you need to help you get the result you want.
Paternity
Establishing paternity entitles each parent and the child to certain rights, such as custody, visitation, child support and other benefits, when the child is born to an unmarried couple. A parent establishing paternity can claim his/her legal rights to help make decisions about how to raise and care for your child. You may need orders to spend time with your son or daughter and give them the financial and other support they need. You need an attorney who knows how to guide you through the process. Kristine Fowler Cirby has the experience you need. If you believe a child may not be biologically yours, you must take action as soon as possible. Typically paternity actions also address the following issues:
Establishing paternity entitles each parent and the child to certain rights, such as custody, visitation, child support and other benefits, when the child is born to an unmarried couple. A parent establishing paternity can claim his/her legal rights to help make decisions about how to raise and care for your child. You may need orders to spend time with your son or daughter and give them the financial and other support they need. You need an attorney who knows how to guide you through the process. Kristine Fowler Cirby has the experience you need. If you believe a child may not be biologically yours, you must take action as soon as possible. Typically paternity actions also address the following issues:
- Child Custody and Visitation – When and where the children live with each parent; who makes decisions regarding the children’s upbringing.
- Child Support – How much one parent must pay to the other to help support the children.
Domestic Violence
"Domestic violence causes far more pain than the visible marks of bruises and scars. It is devastating to be abused by someone that you love and think loves you in return." -- Senator Dianne Feinstein
Sadly, domestic violence is the number one violent crime in Marin County. Survivors need protection from their batterer which can be done through a civil Domestic Violence Restraining Order. Kristine Fowler Cirby has successfully handled over 150 domestic violence hearings, representing survivors in obtaining protection and security against their abusers. The four types of protective and restraining orders in California are:
"Domestic violence causes far more pain than the visible marks of bruises and scars. It is devastating to be abused by someone that you love and think loves you in return." -- Senator Dianne Feinstein
Sadly, domestic violence is the number one violent crime in Marin County. Survivors need protection from their batterer which can be done through a civil Domestic Violence Restraining Order. Kristine Fowler Cirby has successfully handled over 150 domestic violence hearings, representing survivors in obtaining protection and security against their abusers. The four types of protective and restraining orders in California are:
- Emergency Protective Order - Emergency Protective Orders are issued on the scene by a law enforcement officer. They are issued after a law enforcement officer explains the circumstances on the telephone to a judge to receive permission to issue the order. The EPO is only valid for 5-7 days to allow the survivor time to take further action.
- Criminal Protective Order - The criminal court can issue Criminal Protective Orders while the criminal case is pending, or as part of the sentencing. These orders are not typically renewable, and if the criminal charges are dismissed so is the CPO.
- Temporary Restraining Order - The court can issue a Temporary Restraining Order after reading the survivor's declaration. These orders are usually good for 14-21 days until the court can hold a hearing to determine whether to grant a permanent restraining order. These orders can also address custody, visitation, property control, and support orders.
- Restraining Order After Hearing - After a Temporary Restraining Order is issued, the court will conduct a hearing to determine whether there is a need for a permanent restraining order (known as a Restraining Order After Hearing). If a permanent order is granted, it will last up to 5 years. These orders can also address custody, visitation, property control, and support orders. These orders can also be renewed, as long as the survivor acts before the restraining order expires.
Step-Parent Adoptions
When a stepparent wishes to adopt a stepchild, the child(ren)'s parents (the stepparent's spouse and the noncustodial or absent parent) are usually both required to consent to that adoption. In consenting to an adoption, the noncustodial parent relinquishes all parental rights and responsibilities, including child support. If the absent parent does not consent, the law requires the absent parent’s rights be terminated, requiring the adopting parent show the absent parent has failed to visit or support the child(ren) for over one year. These cases can be contested if the absent parent wants to remain in the child(ren)’s life.
When a stepparent wishes to adopt a stepchild, the child(ren)'s parents (the stepparent's spouse and the noncustodial or absent parent) are usually both required to consent to that adoption. In consenting to an adoption, the noncustodial parent relinquishes all parental rights and responsibilities, including child support. If the absent parent does not consent, the law requires the absent parent’s rights be terminated, requiring the adopting parent show the absent parent has failed to visit or support the child(ren) for over one year. These cases can be contested if the absent parent wants to remain in the child(ren)’s life.
Custody and Visitation
Custody and visitation is a significant part of most family law cases. It is important to create a timeshare schedule that works for both parties, and most importantly, for the child(ren). The court considers two types of custody when making orders — legal custody and physical custody.
Custody and visitation is a significant part of most family law cases. It is important to create a timeshare schedule that works for both parties, and most importantly, for the child(ren). The court considers two types of custody when making orders — legal custody and physical custody.
- “Legal Custody” is defined as having the right and responsibility of making decisions related to the health, education and welfare of their child. Joint legal custody is often ordered, unless one parent made decisions that are severely detrimental to the child(ren) or is mentally incapable of making decisions.
- “Physical Custody” is defined as where the child(ren) reside. Joint physical custody shall be shared by the parents so as to assure a child has frequent and continuing contact with both parents. Physical custody usually involves establishing a parenting timeshare schedule.
Child Support
Child support is determined using a guideline formula that takes into consideration a number of factors, including but not limited to both parties' gross incomes, and the percentage of time the child spends with each parent. The court can also make orders regarding health insurance, childcare, and extracurricular activities. In California, child support is payable until the child reaches the age of 18 and graduates high school, or turns 19, whichever occurs first. Both parties have the obligation to support their child(ren). If one parent is not working he or she may be imputed with income. Child support is always modifiable when there has been a change of circumstances.
Child support is determined using a guideline formula that takes into consideration a number of factors, including but not limited to both parties' gross incomes, and the percentage of time the child spends with each parent. The court can also make orders regarding health insurance, childcare, and extracurricular activities. In California, child support is payable until the child reaches the age of 18 and graduates high school, or turns 19, whichever occurs first. Both parties have the obligation to support their child(ren). If one parent is not working he or she may be imputed with income. Child support is always modifiable when there has been a change of circumstances.
Spousal Support
Spousal support is paid between spouses to maintain the marital standard of living for each party. The supported party has an obligation to become self-supporting within a reasonable amount of time. Spousal support while the divorce is pending is called temporary spousal support. Temporary spousal support is based on need, and uses a guideline calculation, similar to that used in determining child support, but Marin County has its own formula. Spousal support awarded after the dissolution judgment is called permanent spousal support, but is rarely permanent. In determining the amount and length of permanent spousal support, the court must consider factors set forth in Family Code Section 4320. Setting forth the evidence regarding each of these factors takes skill. Determining spousal support may require a vocational evaluation of the supported spouse.
Spousal support is paid between spouses to maintain the marital standard of living for each party. The supported party has an obligation to become self-supporting within a reasonable amount of time. Spousal support while the divorce is pending is called temporary spousal support. Temporary spousal support is based on need, and uses a guideline calculation, similar to that used in determining child support, but Marin County has its own formula. Spousal support awarded after the dissolution judgment is called permanent spousal support, but is rarely permanent. In determining the amount and length of permanent spousal support, the court must consider factors set forth in Family Code Section 4320. Setting forth the evidence regarding each of these factors takes skill. Determining spousal support may require a vocational evaluation of the supported spouse.
Name and Gender Changes
Returning to your maiden name after a divorce is very simple. However, if you wish to change your name to a new name, you must file documents with the court, and publish your proposed change in a local newspaper for 4 weeks. If you only want to change your gender, you do not need a court ordered gender change to modify your California driver's license, social security card, or U.S. passport. You also no longer need a court order to have a new birth certificate issued reflecting a change of gender (for California birth records). You may want to get a court ordered gender change to amend your birth certificate if you were born outside of California.
Returning to your maiden name after a divorce is very simple. However, if you wish to change your name to a new name, you must file documents with the court, and publish your proposed change in a local newspaper for 4 weeks. If you only want to change your gender, you do not need a court ordered gender change to modify your California driver's license, social security card, or U.S. passport. You also no longer need a court order to have a new birth certificate issued reflecting a change of gender (for California birth records). You may want to get a court ordered gender change to amend your birth certificate if you were born outside of California.