Articles Posted in California Divorce

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I would be filthy rich if I were given a dime for every time I was asked two questions: 1) How long is my child custody case going to take; and 2) How much is my child custody case going to cost me.  My answer two these two questions have always been and will always be: “I don’t know.”

Only by acknowledging the White Elephants in a custody case can one better grasp how long and how much their custody case will cost.  Make a cup of tea or coffee and continue reading. This blog article just might save you thousands of dollars in legal fees and therapy bills! Continue reading →

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This is the seventh and final entry in my seven-part blog series entitled “California Court’s Consideration in Making Custody Awards.”  As stated in Parts 1, 2, 3, 4, 5, and 6,  I am writing this series due to the number of emails and calls I receive in my California Family Law Practice on a weekly basis from concerned parents regarding their California custody cases. It’s my hope to help shed a little light on this issue so that my reader is better able to navigate his/her way in the California legal system regarding their custody case.  Part 7 focuses on issues relating to existing restraining orders—a look at this issue from the court’s perspective. This issue, and many others, are factors a California judge will look at when making a determining on custody. Continue reading →

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First, a little lesson on California law: California is a community property state. That means that everything acquired during the marital period is considered community property. The marital period starts from date of marriage and ends on date of separation. Now, for most folks, date of separation is a no-brainer. And for others, ascertaining the date of separation is not so easy. For this discussion, we will assume that husband and wife agree on what the date of separation is so that there can be no confusion of whether or not a party engaged in willful behavior. Property is characterized as either community property or separate property. Continue reading →

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Preparing and exchanging preliminary financial disclosures is a required step in the divorce process. Without the completion of this step, a judge will not grant a divorce. Negligent and wilful omissions of assets and debts when preparing the preliminary financial disclosures can lead to devastating results for the parties. This blog post examines the importance of full transparency and disclosure when preparing the preliminary financial disclosures as well as the possible consequences of not listing all assets and debts, including separate property assets and debts. Continue reading →

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Have you ever wondered what a California court does with agreements made by the parents regarding California custody matters? Would a California judge accept the agreement, reject the agreement, or, even acknowledgement the agreement?  In my California Family Law Practice,  I am constantly asked by prospective clients whether  a California judge would  allow the prospective client to introduce evidence of the parties’ previous agreement regarding custody.  Does this sound familiar: “I, Father, agree to terminate all my parental rights to our child if Mother agrees to never ask me for child  support?”  After the agreement is put in writing, the parents complete the ceremony by going down to the local notary’s office and have the document notarized by both of them.  Fast forward one year from when the agreement was notarized, father has a change of heart and wants to be in the child’s life.  Mom, relying on the notarized document, refuses to allow any contact between father and child.  Consequently,  the father is forced to resort to the court for assistance.  Consequently, father files a motion with the court asking for joint physical and joint legal custody of the child. What do you think? Will this agreement be upheld by the Court? Continue reading →

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For most parents who live in California, it is not difficult to figure out that California is the correct jurisdiction for filing their custody and/or child support matter. Where it becomes a bit challenging for parents is under the following scenarios: 1) one parent lives in California and the other parent lives in another state or country; 2) one parent has abducted the child and moves out of state and then files a custody motion in the new state.  Other factors affecting jurisdiction is whether or not the parties ever married and/or whether or not there are prior custody orders. Before anyone considers filing a motion, or has already filed a motion,  for custody, visitation and support , it is important to determine whether the legal paperwork has been filed in the proper state and proper courthouse. Continue reading →

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If you already read a few of my blog posts, you now know that there are many factors affecting how a California family-law judge determines custody and issues custody orders.  The “best interest of the child” legal standard pretty much covers any and all factors affecting the child’s health, education and welfare of the child.  In my California Family Law practice,  I have been approached many times by a parent concerned about losing custody to the other parent because the other parent’s income is significantly much higher than theirs.  What do you think, will the varying income of the parents determine custody? Continue reading →

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About 65% of the inquiries I receive in my California Family Law Practice revolve around California custody matters.  If you have read any of my previous blogs or information from the family-law section of my website, you already know that there are many factors for a California Court to consider when awarding custody. This blog post focuses on the factor of physical handicaps in custody cases. Continue reading →

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This blog post is the final blog post in my 6-part blog series dealing with California custody move-away cases.  As stated in Parts 1, 2, 3, 4 and 5 of this series, about 65% of the inquiries I receive in my California Family Law Practice  deal with custody matters.  California move-away cases are under the umbrella of custody. This blog post on how religious practices of the parents affect California move-away cases. Continue reading →

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This blog post is Part 5 in my 6-part blog series dealing with California custody move-away cases.  As stated in Parts 1, 2, 3 and 4  of this series, about 65% of the inquiries I receive in my California Family Law Practice deal with custody matters.  California move-away cases are under the umbrella of custody. Part 5 of this blog series seeks to focus on the sexual orientation of the parent(s) and how this factor affects California move-away cases. Continue reading →