California Family Law Blog

Child custody orders are given when a couple is going through a separation or divorce. The child custody orders are designed to determine who will take care of the children and who will make decisions for the children. If you are planning to seek child custody and would like to have the children live with you and make all of the important decisions regarding their care, you would be seeking “sole” child custody in your case.

Sole legal custody means that you and not the other parent will “have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child” as stated in California Family Code Section 3006.

Sole physical custody means that your child or children “shall reside with and be under the supervision of [you], subject to the power of the court to order visitation [for the other parent]” as stated in California Family Code Section 3007.

Contact our San Diego Family Law attorneys at Wallin and Klarich to help you in your child custody case. Our San Diego Family Law attorneys have the experience and expertise you will need to help you through your child custody case. Contact us today at 888-749-0034 or www.wkfamilylaw.com.

Recently after filing for divorce in April 2010, Larry King and his wife, Shawn Southwick-King, have stopped their divorce proceedings. According to TVGuide.com, both filed for dismissal of their divorce in a Los Angeles court. King originally submitted the divorce papers and was planning to seek joint custody of the couple’s two sons. However, the couple began reconciling in May and decided to not divorce. King also recently announced his retirement from his CNN show of 25 years to be with his family.

If you have filed for divorce and would like to stop the divorce proceedings, you must begin with filing out a Request for Dismissal form. However, this form can only be submitted if you were the one who originally filed for the divorce. If your spouse filed the divorce papers, then he/she has to submit the form. Be aware that after you or your spouse submit this form, if you change your mind and want to proceed with the divorce, you must start from the beginning and pay all filing fees again.

Our San Diego Family Law attorneys at Wallin and Klarich are here to help you if you are going through a divorce or if you would like to stop your divorce proceedings. We understand the law and will help make the process go as smoothly as possible. Contact us today at www.wkfamilylaw.com or 888-749-0034.

Mel Gibson and his now infamous comments recorded by his ex-girlfriend Oksana Grigorieva may have a detrimental impact in a family law court if a child custody dispute arises. In the conversation, Grigorieva states that Gibson punched her resulting in a loss of teeth. Gibson allegedly responded by saying she “deserved it.”

Many spouses attempt to set up their former spouses to gain an advantage in a child custody dispute. In a child custody dispute, the court can determine the parents’ custody and visitation rights. The court will base its decision on what is in the best interest of the child. Committing domestic violence is detrimental to the child’s best interest. The court will not look favorably to a parent who commits domestic violence. The court can use any evidence of domestic violence occurring in making their decision.

Under California Family Code Section 3044, if the court finds that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child. Based upon this section, Mel Gibson could be denied of having physical custody of his daughter.

If you or a loved one is involved in a child custody dispute, it is important that you speak with an experienced child custody attorney. At Wallin & Klarich, our Southern California child custody attorneys have over 30 years of experience in handling child custody cases. We will aggressively fight to get the best result for you and your child. Call us today at (888) 280-6839.

Are you and your spouse agreeable to a divorce, have not been married for a very long period of time, and want to get it done as soon as possible? If so, a summary dissolution of marriage might be the appropriate route to take, as long as you and your spouse meet the appropriate criteria. In order to qualify for a summary dissolution of marriage:

- you and your spouse must not have had any minor children
together;
- you and your spouse must have been married for less than five years;
- neither of you may have any interest in any real property;
- you and your spouse may not have more than $5,000 in community debt (excluding automobiles);
- The total fair market value of any community property must be less than $33,000;
- Neither of you may have separate property assets totaling form than $33,000;
- You and your spouse must agree and how to divide any community assets and debts; and
- one of you must have lived in California for at least six months and in the
county of filing for at least 3 months prior to the date of filing

If you and your spouse meet these requirements, then you should certainly
consider a summary dissolution of marriage. It can save you a lot of money and is not very complicated at all. All that is required is that you and your spouse file the appropriate paperwork and pay the filing to the court. Then, a six month waiting period is required. The Court imposes this waiting period in part to make sure that you and your spouse are certain that you want to go forward with a divorce. After this six month waiting period is over, you or your spouse will just need to file for and obtain a judgment of dissolution, to make the divorce final.

Wallin and Klarich can help you with the process of obtaining a summary dissolution of marriage for a fairly small fee. Wallin and Klarich will first help you evaluate your situation to ensure that you qualify for a summary dissolution of marriage. Wallin and Klarich will then help you obtain the appropriate forms, help you fill the forms out correctly, and make sure the process goes by smoothly.

Call Wallin and Klarich now to help you on your way to obtaining a summary dissolution of marriage and ensure that it is done correctly! Contact our Southern California family law firm today by calling 888-749-7428 or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

In the state of California, many factors can be considered when the courts are determining who should be awarded custody of a child in a contested child custody case. The court’s goal is to protect the child and define what is in the best interest of the child. Under California Family Code Section 3011, in making a determination of the best interest of the child, the court shall consider all of the following:

a) The health, safety, and welfare of the child
b) Any history of abuse by one parent or any other person seeking custody
c) The nature and amount of contact with both parents
d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent

The court shall also consider any other factor that the court deems relevant. Every factor must be based on the question, “What is in the best interest of the child?” Anything that revolves around anything other than that question will not be considered. It is easy to forget that the child’s interest is at issue when two adversarial parties are in a heated case.

There are more factors that the courts can determine are relevant in addition to those listed above. If you or a loved one is currently involved in a child custody case where any of the above factors may play a role in determining the outcome of your case, it is vital to contact an experienced San Diego Family Law attorney as soon as possible. A skilled and knowledgeable California Family Law attorney can review and investigate the facts of your case and determine the best legal options to ensure a positive outcome to your case. At Wallin and Klarich, we can provide you with a San Diego Family Law attorney who will be by your side and help you through your child custody case.

Under California Family Code Section 4320, spousal support, also known as alimony, is a court order or mutual agreement for one spouse to financially support the other. Usually, payments will be calculated to last only as long as reasonably necessary to allow the supported spouse time to become self-sufficient. However, the length of the marriage may be one factor in favor of permanent spousal support.

In order to determine the amount of spousal support, the court will use the standard of living during the marriage as a reference point. From there, the court may adjust the level of spousal support based on many different factors, such as: supported party’s contribution to the supporting party’s earning capacity, supporting party’s ability to pay support, obligations and assets of each party, duration of the marriage, ability of the supported party to engage in gainful employment, age and health of each party, history of domestic violence, and any other factor the court deems just and equitable. The attorneys at Wallin & Klarich have over 30 years of handling this daunting process. We have represented thousands of clients in spousal support cases, ensuring that our clients receive or pay the correct amount.

With so many factors to consider, it is imperative to speak with a Wallin & Klarich family law attorney. Furthermore, there may be several applicable exceptions that may adjust or even eliminate spousal support altogether. The first exception under which no spousal support will be awarded is if the spouse seeking support attempted to murder the supporting spouse. Also, spousal support will not be granted if the supporting spouse was subject to domestic violence at the hands of the other spouse within five years prior to the divorce. The purpose of these two exceptions is to prevent victims of these crimes from being forced to fund their own abuse.

Another set of exceptions pertain to probative fault that may be used to modify or terminate the spousal support payments. For example, if the supporting spouse intentionally diminishes their earning capacity in order to decrease support payments, the court may adjust the amount to reflect his/her true earning capacity. Likewise, if the spouse requesting support fails to make a good faith effort at becoming self-sufficient or mismanages income-producing assets, the spousal support may be modified. Additionally, if the supported spouse frustrates the custody/visitation rights of the other spouse by moving abroad, there would be a compelling case for spousal support modification. Whichever the case may be, you need a qualified Wallin & Klarich family law attorney handling your case to make certain that you get the results you deserve.

For more information, please visit us on our website at www.wkfamilylaw.com and read our Spousal Support section.

If you or someone you love is in the midst of a spousal support battle, it is vitally important to speak with an experienced family law attorney. We know that divorces and spousal support are sensitive issues with lasting impacts. However, with over 30 years of experience, the attorneys at Wallin & Klarich have handled thousands of cases and have helped each client through these tough times. Call us today at (888) 749-7428 or contact us on our website at www.wkfamilylaw.com. We will be there when you call.

Heidi Montag has retained a Southern California divorce lawyer and plans to quickly terminate her marriage with husband, Spencer Pratt. Montag and Pratt, stars of MTV television show “The Hills,” have been married since April 25, 2009. Montag filed for legal separation on June 8, 2010.

Under California law, a legal separation is a court action that maintains the bond of marriage, but releases the spouses from the rights and responsibilities associated with marriage. Thus, though the spouses cannot legally marry another person while separated, any property that they acquire during separation is their separate property. Legal separation is commonly a prelude to formal marriage dissolution.

According to sources close to Montag and Pratt, they plan to file a divorce mediation. A divorce mediation is a faster and less costly alternative to typical divorce court proceedings. As compared to divorce court proceedings, where a judge rules on the issues, in a divorce mediation, a neutral family law expert fosters resolution of issues by mutual agreement. Since mediation encourages cooperation between parties, there is less need for costly litigation of divorce rights.

If you or someone you know is going through a legal separation or divorce, it is important to have a family law attorney who will defend your property distribution, child custody, and child and spousal support rights. The attorneys at Wallin & Klarich have over 30 years experience in family law. Call us today at (888) 280-6839 or visit us at our website at www.wkfamilylaw.com. We will be there when you call.

It was recently reported by TMZ that Jesse James’ ex-wife, Janine Lindemulder, is tasking the judge to hold James in contempt for refusing to allow her to see their six year old daughter in a court ordered visitation. James allegedly refused to follow the order because he believes that Janine is a drug addict and their daughter would be at risk. Lindmulder responded by stating that she would submit to a drug test.

It is the stated policy of California under California Family Code (CFC), Sections 3020-3032 and 3080-3089, to assure that the health, safety, and welfare of any involved children will be the court’s primary concern when making any orders regarding the physical or legal custody, or visitation of children. Therefore, the court attempts to make sure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship.

Under CFC Section 3080, parents are encouraged to share the rights and responsibilities of child rearing, predominantly through joint custody, in order to ensure the health, safety and welfare of any involved children. However, where the contact between a parent and a child would not be in the best interest of the child – such as in cases of abuse, neglect, or crime – other custodial arrangements will be made.

The best possible child custody arrangement is essential to the well being of your children. It is therefore necessary that you retain our experienced legal representation as soon as you can. The child custody attorneys at Wallin & Klarich have been handling custody arrangements for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you and your family the best possible outcome. Call Wallin & Klarich today at (888) 749-7428 and visit us on our website at www.wkfamilylaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

Frank and Jaime McCourt, owners of the Los Angeles Dodgers, are currently involved in a complicated divorce court proceeding. Jaime claims that Frank failed to make a court-ordered monthly spousal support payment of $637,159. Frank contends that she owes him millions of dollars and should not be required to pay the monthly spousal support until Jaime’s debt is paid.

Jaime claims monthly expenses of $994,469, of which $568,000 goes toward paying mortgages on nine different residences. In addition, she alleges that $285,137 goes toward expenses related to being an owner of the Dodgers.

California Family Code section 4320 sets forth the relevant factors in determining the amount of spousal support in dissolution cases. One of the factors is the needs of each party based on the standard of living during marriage, not what a spouse requires just to survive after divorce or what a spouse needed to live prior to marriage.

The distribution of property is a major issue in divorce proceedings. If you are going through a divorce, you need experienced divorce attorneys who will vigorously defend your interests regarding property distribution, child support, and child custody rights. The attorneys at Wallin & Klarich have over 30 years experience in family law. Call us today at (888) 280-6839 or visit us at our website at www.wkfamilylaw.com. We will be there when you call.

The California Child Abuse Central Index (“CACI”) is a tool created by the California Legislature to protect the health and safety of children. CACI is a list consisting of names of people who are investigated or charged with child abuse. Every child abuse investigation is reported to CACI. The reports detail the investigation of alleged physical abuse, sexual abuse, mental/emotional abuse, and severe neglect of a child.

Your name is be placed on CACI if an investigator determines that there is a “substantiated” or “inconclusive” reason that you were involved in the abuse or neglect of a child. After the initial investigation, the investigator will have one of three different conclusions: the allegations of child abuse or neglect are substantiated, inconclusive, or unfounded. A finding of “substantiated” and “inconclusive” will put your name on CACI. A finding of “unfounded” will not put your name on CACI.

In order to list anyone on the CACI, the county is required to notify the individual within five (5) business days of submitting the information to the Department of Justice. There are procedures that allow a person who is listed on CACI to challenge their placement on CACI. Specifically, a person can request a grievance hearing to remove their name from CACI. Once a hearing has been requested, the hearing must be heard in front of a grievance hearing officer within 60 calendar days.

After the grievance hearing, the hearing officer will make a decision within 30 days of the close of the grievance hearing. The decision will contain a summary statement of the facts, the issues involved, the findings, and the basis for the decision. The County Director, within ten (10) business days after the recommended decision is issued, will issue a written final decision adopting, rejecting, or modifying the recommended decision. The County Director will explain why the recommended decision was rejected or modified.

For more information, go to www.wklaw.com and read our CACI section. You will find more detail on the procedures for requesting a hearing and what one should expect during the hearing.

The consequences of being placed on CACI impact future employment involving children. With so much at stake it is essential that you speak with an experienced CACI attorney before taking any action on your case. Wallin & Klarich has over 30 years of experience defending the rights of our clients. Call us at (888) 749-0034 to learn more about your legal rights. We will be there when you call.