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27
Jan
New California custody laws require the court to make a finding on the record that unmonitored visits are in the children’s best interest. In the past, when a parent alleges domestic violence or drug/alcohol abuse, the court had to consider whether visitations should be monitored and explain on the record why the visits ordered are […]
28
Sep
How to Protect Yourself in a Divorce
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Going through a divorce for a first time can be intimidating or scary to some. Here are a few general steps you could consider before embarking on this path: Consult with a divorce attorney: Seek legal advice from an experienced family lawyer who can guide you through the process and protect your rights. […]
14
Sep
Divorce is a challenging and emotionally charged process. California is a community property state, which means that there is a creation of a community entity during the marriage. Each spouse is entitled to 50% of the community. In addition to property rights, each spouse may receive child support and spousal support from the other spouse. […]
26
Apr
All You Need to Know About Child Support
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California requires child support amount to be set as guideline. Family Code § 4052. In layman’s terms, “guideline” means utilizing the Dissomaster software to input each parent’s income, the timeshare percentage for each child and any tax deduction or other applicable factors. In all child support orders or judgments that has a child support order, […]
07
Apr
California Family Court and Custody Disputes
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For anyone who has ever been in a highly contested custody dispute, often time there are many different perspectives that the court has to balance, including those of the minor children. Where there are disputed issues regarding parental cooperation, mental health, addiction, neglect, abuse, or the safety and welfare of the children, the court generally […]
24
Feb
Emergency Custody Orders In Family Law Court
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Emergency custody requests (also called ex parte custody requests) can be used to seek help from the court in cases where the child is in imminent danger or is at risk of being removed from California. Generally, the court sets a hearing date 60-80 days out from the day a motion is filed. A parent […]
10
Jun
Dissolution in California No two marriages are be the same. But one thing is common among marriages, they all start with the forever-together-until-death-do-us-apart promises. Yet, fate takes its own turns and so, it follows that no two divorces would be the same either. Although every marriage has its own disagreements, things could sometimes get out […]
12
May
In County of Los Angeles Child Support Services v. Watson, the Department of Child Support Services Department (“CSSD”) filed a complaint seeking child support of $324 per month. On November 15, 2017 CSSD filed a Complaint and a Proposed Judgment, seeking for child support payments to start on December 1, 2017. CSSD served Mr. Watson […]
20
Jan
Premarital agreements, or prenuptial agreements, are favored by the court and are intended to “foster or perpetuate conditions that will help preserve a forthcoming marriage.” Agreements executed before January 1, 1986 are not required to conform with the Premarital Agreement Act (UPAA Fam. Code §1600 et seq) and similarly, agreements executed before 2002 are not […]
15
Nov
Genetic Testing and Child Support
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In County of Riverside v. Estabrook (2019) 30 Cal.App.5th 1144 , the Court of Appeals addressed many issues involving parentage and child support. The Child Support Services Department (“CSSD”) sought a child support order and genetic testing against an alleged father. The alleged father objected and raised the marital presumption of paternity as his defense. The marital […]