17
Jul
In cases where parents are continuously returning to court for disputes pertaining to their children such as custody, visitation, education or medical decisions, family counseling may help reduce the parties’ conflicts and teach them how to communicate better and how to work toward a successful co-parenting relationship. Under Family Code section 3190, the court can make […]
29
May
Once you have filed your divorce papers, or Petition for Dissolution of Marriage, there are four automatic restraining orders listed on the summons which will be served on your spouse. It is crucial to pay attention to these restraining orders as they are in place during the pendency of the divorce. 1. Child-move aways: The […]
29
May
In determining whether a spouse is entitled to permanent spousal support (alimony), the court turns to Family Code Section 4320 which listed the following factors: (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: (1) […]
31
Jan
Even if you are not the high-income earner in your marriage, you may still be able to afford legal representation in a divorce, legal separation or nullity action and in any related subsequent proceedings. Family Code Sections 2030 through 2032 provide that a party in certain family law matters can ask the court to order the other party to pay for […]
27
Jan
The California Domestic Partner Rights and Responsibilities Act provides registered domestic partners with the same rights and obligations as spouses, including the rights to child custody, support and property division. While the majority of domestic relationships must be terminated by the same legal procedures used for marriage dissolution, nullity or legal separation, some partners can end the domestic partnership by filing […]
26
Jan
California laws recognize that spouses owe each other fiduciary duties due to their relationship of confidence. “This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other.” Family Code Section 721(b). Once a breach of the fiduciary duty is […]
25
Jan
This is a story that we all hear too often– a homeowner entered into an agreement with a contractor to remodel his or her home. The contractor signficantly delayed the project, provided substandard work and threatened to record a lien on the property if he is not paid in full. What can a homeowner do in […]
24
Jan
In deciding a parent’s custody or visitation request, the court may consider and give proper weight to the testimony of a child over 14 years old as to his or her wishes. Family Code Section 3042. The court may decline to accept the child’s testimony but must state the reasons for the denial on the records and must resort to other […]
07
Dec
Governor Jerry Brown has signed off on numerous laws affecting California employers. Among the new laws are the following: A.B. 22- Credit reports An employer or prospective employer (except financial institutions) may not obtain a consumer credit report for employment purposes with the exception that the information the employer sought is for a managerial position and is […]
07
Dec
It is generally assumed that only mothers can obtain full custody of the children. This false assumption has led many fathers to forgo their opportunity to seek full or primary custody of their children. In reality, fathers can obtain full custody if they can meet the required burden of proof. If there has never been a custody […]