family, childhood, communication, people and home concept - smiling parents with little girl sitting on floor at home
Mother and daughter having fun in park in autum
Father teaches son to find inner balance
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In my California family-law practice, I am constantly asked if it’s okay for a parent to waive child support. When asked, the reasons for considering waiving child support are as follows: Mom doesn’t want Father to seek custody and visitation; 2) Father asks Mother to not seek child support in consideration of Father not seeking custody or visitation; 3) Mother is afraid Father will not pay spousal support if Mother seeks child support. These are but a few examples of why one or both parents may not ask or seek child support. The purpose of this blog post is to shed light on what the law says regarding child support, to include whether or not a parent is allowed to waive child support. Continue reading →

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In my California family law practice, I receive numerous inquiries relating to child custody.  Literally,  tens of thousands  of books can be written just about California child-custody issues. Child-custody inquiries are even higher than divorce inquiries because marriage is not a prerequisite to the creation of little bundles of joy.   Because there are so many issues relating to child custody matters, I have decided to write a series of blog posts on this particular issue. This blog post provides an overview of issues the court will consider when making a determination on child custody issues. Continue reading →

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In my California family law practice, I receive numerous inquiries relating to child custody. Literally, tens of thousands of books can be written just about California child-custody issues. Child-custody inquiries are even higher than divorce inquiries because marriage is not a prerequisite for the creation of little bundles of joy. Because there are so many issues relating to child custody matters, I have decided to write a series of blog posts on this particular issue. This blog post provides an overview of issues the court will consider when making a determination on child custody issues. 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 →