2010 July Archive

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.