Family Law

Cuellar Law Firm is available to help clients in the areas listed below. The list is not exhaustive, so feel free to contact the firm to discuss your unique situation and inquire into how the firm can help resolve your legal needs. The firm welcomes clients’ questions and concerns at any stage of what can often times be a difficult and emotionally challenging process.

Divorce (Dissolution)

Whether a client is fully in agreement with a

spouse or disagrees in numerous respects on the

terms under which their marriage should end,

the firm can help the client navigate through the

process and will strive to achieve an outcome

that meets the client’s desired objectives in an

expeditious and economical manner. At an initial

consultation, the firm will review the facts and

legal aspects of the client’s case and address any

issues which are relevant to the divorce, such as

property division, child custody, parenting time,

child support, and spousal support.

In the event that contested issues are not able to

be resolved amicably through negotiation or

mediation, the firm is available to address

disputed issues through litigation and seek to

obtain results which meet the client’s objectives.

Child Support

Child support is a prominent issue in many

divorce and paternity suits. The firm will work

with clients in deciding upon the appropriate

amount of child support under state guidelines

and can seek to obtain the appropriate level of

child support either through negotiation or

through court proceedings. Regardless of which

side you are on in a dispute over child support,

the firm will review the various elements that will

influence the amount of child support

established by the court and advise on the

appropriate amount that will meet the needs of

the children involved while avoiding excessive

payment obligations.

The firm also handles modifications of existing

child support orders to account for financial

problems or a change in circumstances which

makes continued payments difficult or impossible

as previously ordered by the court.

Child Custody

The firm can help a client seek custody of their

child in accordance with state statutes which

emphasize the child’s best interests. The courts

distinguish between legal custody, which grants

the power to make major life decisions for the

child (ex., health care and education); and

physical custody, which gives a parent

responsibility to provide a place to live along with

taking care of a child’s daily needs. As an

example, custody cases may result in a parenting

plan granting primary physical custody to one

parent, with the other parent having a set

number of overnights, and joint legal custody.

Courts will often approve of an agreement

reached by both parents if it also confirms with

the child’s best interests. Whether resolution can

be reached amicably or a court ruling is needed,

the firm is available to assist clients throughout

the process in obtaining an equitable result for

both the client and their children. The firm is also

able to assist grandparents and other trusted

third-party caretakers who wish to establish

custody rights over the child.

Parenting Time (Visitation)

Parenting time refers to the amount of time each

parent spends with the child and is distinct from

the issue of custody. The issue of parenting time

often arises during divorce proceedings or when

one of the parties seeks to modify an existing

parenting time order. If a client is unable to reach

agreement with their spouse on a parenting plan

through negotiation or mediation, the court must

determine a parenting time schedule based on

the best interests of the children. In the event of

a divorce, the firm can assist clients with

establishing an equitable parenting time

arrangement that safeguards the client’s

objectives and meets the needs of the children.

Similarly, grandparents and other trusted

individuals may petition the court to assert

visitation rights with a child. The firm can also

pursue modifications of existing orders and

protect a client’s parenting time interests under

an existing parenting time plan.

Paternity

Establishing paternity is critical to obtaining legal

rights to a child as well as financial support that

the child may be entitled to receive. Unmarried

fathers do not automatically have custodial rights

over their children and must seek a court order

to establish legal recognition of their rights.

Paternity determinations are also important for

unmarried mothers who seek to obtain child

support for their children.

The firm can represent clients who seek to either

assert their paternity rights or deny paternity in

the event they are required to defend against a

paternity or child support action regarding a child

who is not biologically their own. Whether the

context of the paternity issue involves child

custody, parenting time, or child support, the firm

can help clients navigate through the process.

Protective Orders

For clients who face a domestic abuse or

harassment situation, the firm can help obtain a

protective order designed to prohibit future

contact. Protective orders are an important

defense mechanism notwithstanding the

existence of criminal charges against the party

responsible. The firm will assist the client in

determining the type of order appropriate for the

client’s situation depending on the client’s

circumstances. The firm will guide the client

through the process of obtaining a protective

order, prepare the necessary legal instruments,

and represent a client’s interests in court

proceedings. Among other decisions, a court may

make changes to existing custody, parenting time,

and child support arrangements as part of the

proceeding. The firm is also able to assist with

cases in which a client is wrongfully accused of

domestic abuse or harassment.

Spousal Maintenance (Alimony)

The firm can assist clients with demonstrating a

need to the court for spousal maintenance. The

court typically determines whether or not such a

need exists by examining such factors as the

client’s income or ability to work, work history,

educational background, other financial

resources, and monthly needs. In cases where

providing for another spouse’s needs is justified,

the court will consider factors to make a

determination as to the appropriate amount and

duration of support. Such factors include

financial resources, education and training, the

parties’ standard of living, incomes, expenses,

division of property, duration of marriage, lost

employment opportunities, age and physical or

emotion conditions, and contribution of each

party towards the marital property and marriage.

The firm can also represent clients who are

contesting a request for spousal maintenance.