Frances A. Headley has been living in Amador County since 1983 and has practiced in Jackson, California since 1984. She is committed to the values unique to a rural lifestyle and is dedicated to providing effective, reasonably priced representation for her neighbors, the residents of Amador and Calaveras Counties. Ms. Headley practices general civil law, including family law, estate planning and probate, as well as business law.
Initial child custody and visitation is decided by the court by determining what is in the “best interests of the child”. As to custody, California law prefers joint legal custody for children whose parents are divorcing. Joint legal custody means that both parents will have a say in the education, medical treatment and extracurricular activities of their children. It does not have anything to do with where the children will live or how much time the children will spend with each parent. That is decided by the visitation schedule, also called the parenting plan. How the time is divided up between the parents depends upon the facts of the individual case, with the goal of providing continual contact between parent and child. Factors looked at in setting a visitation schedule are the ages of the children, the work schedule of the parents, and where each parent lives. Once a parenting plan is in place then the percentage with each parent can be calculated and used to determine the proper level of child support. See the page “
Child Custody and Visitation
Custody and visitation of their children. Although many couples execute a voluntary declaration of paternity [also known as a POP], that declaration is insufficient in the eyes of the court to establish parentage for the purposes of
Adoption
Guardianship is a procedure for a non parent to be given the custody and care of a child and/or the child’s estate [assets belonging to him/her]. The action is commenced by filing a petition in the county where the child is living. The court then investigates the situation and the proposed guardians. If the court finds that the guardianship is warranted and the proposed guardians agree to serve in that capacity, then the guardianship is ordered. The guardianship lasts until the child is an adult, which is 18 years of age or is otherwise emancipated. The guardianship can also terminate if the child is returned to the custody of a parent. A guardianship can be of the person for the care of the child or of the estate to manage the money of the child. Adoptions are when a non related person becomes the parent of the child in the eyes of the law. This office does not assist with agency adoptions. However, we do assist in step parent adoptions where the non-parent spouse wants to adopt the parent spouse’s children. We are familiar with the forms and notifications needed to smooth your way to a successful completion of an adoption or guardianship. Please
Guardianship
Estate Planning ” for how to properly plan for incapacity and be able to avoid a conservatorship, in most cases. For information regarding guardianship of a minor, please see our
Spousal Support
Spousal support is combined into one figure. This can have tax benefits. More often, child and spousal support is calculated and ordered separately.
Restraining Orders in family law come in two basic kinds. First are the standard restraining orders which are printed on the back of the Summons and apply to both parties as soon as they are served. These restraining orders are designed to preserve the status quo during the pendency of the action and prohibit the disposal of property, the dropping of insurance coverages and other actions that could affect the court’s ability to make a fair division of the couple’s assets. Secondly, there are domestic violence restraining orders which can be brought by one co-habitant against another, regardless of their marital status, where there has been violence or threats of violence against them, their children and other members of their immediate household. These orders can be requested independently and need not be attached to another
As a long time practitioner in this county I have a lot of experience with real estate issues unique to the rural setting. This includes boundary line disputes, fencing disputes, easement issues both in use and creation, buying and selling property and the proper disclosures that must be a part of the transaction. I have worked with local realtors, appraisers and surveyors in conjunction with these issues. For additional details see the “deed transfers” and “buying/selling” pages.
Real Estate Transactions
As one of the few attorneys in this area who have made real estate matters a big part of their practice I am well versed in deed preparation and know the provisions necessary to meet the requirements of the Recorder’s Office and Title companies. I can explain the different vesting options: community property, joint tenancy and tenants in common and how they will impact on you as you own the property, pay taxes on it and seek to transfer it to your heirs. I offer deed preparation and recording services as part of both real estate transactions and estate planning.
Estate planning and did not appoint anyone to act on their behalf in the event of their incapacity. See our article on “
Trusts
When a person dies their property is transferred to their heirs. Who their heirs are is determined either by their estate plan or the provisions of the Probate Code. If the person left a will or died without a will then a probate must be filed in the county where the person lived. If the person left a trust then the Trustee distributes the assets of the estate pursuant to the terms of the Trust. I have more than 30 years experience in assisting families in administering their loved ones estate, be it through probate or trust administration. For a more detailed description of the probate process please visit the page entitled “Probate”.
Power of Attorney
Durable Powers of Attorney come in two basic types. One is for financial matters and the other is for health care. Each type allows you to grant a broad range of powers to your agent. Therefore, the choice of who is to be your agent is critical. With over two decades of experience in this area we can assist you in making a suitable agent choice as well as deciding what powers are appropriate for your circumstances. Although there are general, fill in the blank forms available, these can cause problems by not including needed powers or including unneeded ones. There can also be issues about the proper execution of the power of attorney. Documents specific to your situation are preferable and are not expensive. If drafted in conjunction with complete
A trust is a document which creates a separate legal entity to administer your assets both now and after your death. As a Trust allows for the administration of your assets without court supervision the choice of Trustee is all important. Trusts are excellent estate planning tools for those whose beneficiaries are minors, have special needs or for those for whom tax planning is essential. Due to the additional requirements for life time administration a trust is more complex and therefore more expensive document than a