Family Law, Limited Conservatorships and Guardianships

Zieman Law APC Blog

What’s covered in family law?

This might seem like an easy question you can already answer; and, if you are thinking what’s covered is “families”, you are on the right track, but there’s a bit more to it.

In Orange County, CA, there is a local rule of court (700). It states specifically the “Subject Matter of the Family Law Court”. To save you weeding through the legalese, I’ll paraphrase the contents of that rule, which is available on-line at https://www.occourts.org/system/files/local-rules/div7.pdf .

(1)   Dissolutions of marriage or domestic partnership- also known as “divorces”.

(2)   Legal separations

(3)   Nullities including determination of rights of putative spouses

(4)   Child Custody cases

(5)   Paternity actions (aka Petition to Establish a Parental Relationship)

(6)   Domestic Violence actions under the family code

(7)   Child Support actions

(8)   Visitation rights of non-parents (For example, grandparent visitation)

(9)   Non-marital relationship cases, but only if filed in civil court and then consolidated with another family law matter (One example, a couple lived together, have a child together, were never married, and have a dispute over a rental agreement and custody.]

(10)                 Termination of parental rights and adoption actions

(11)                 Family Support under the Uniform Interstate Family Support Act

Our firm handles (1)-(8) above.

What you will not see above are guardianships or conservatorships. While guardianships do crossover into the custody arena of family law, they are handled through the probate court with the probate laws on guardianships applying.

What you also will not see above are interim orders or post judgment requests for orders to modify. As long as these orders are part of one of the above family law cases, they are handled through family law. You must have an underlying action like the ones listed above to make a request for interim orders.

Allison Zieman