Child Custody

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.

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.

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.

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.

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.

TMZ recently reported that porn star Devon James, a.k.a. Melinda Jannette, has filed a paternity action against Tiger Woods. The alleged mistress filed in Manatee County, Florida, asking a judge to determine the paternity of Austin Brinling, her 9-year-old son. According to documents attached to the petition and obtained by TMZ, the legal action is designed to “establish paternity, parental responsibility, time-sharing, and/or child support of a minor child or children.” James’ mother currently has custody of the boy and claims a DNA test was performed in 2002 that showed another man was the child’s father; however, James wants to force Tiger to submit to DNA testing.

Not only is knowledge of a child’s paternity vital for medical history reasons, but is also important for a child’s wellbeing and development. It is the goal of California to enable all children to have the same rights as children of married couples including child support awards and access to benefits such as social security, health insurance, survivors’ benefits, military benefits, and inheritance rights.

Under CFC Section 7611, a man is presumed to be the father of a child if he and the child’s mother were married and the child was born either during marriage or within 300 days after the marriage was terminated. If the mother and father were not married when the child was born, then the law only recognizes the father if paternity is legally established by a paternity test or by a Voluntary Declaration of Paternity in which both parents sign a declaration attesting to the child’s paternity.

Under California Family Code (CFC) Section 7551, in any civil action or proceeding in which paternity is a relevant fact, such as child support or paternity suits, the court may order the mother, child, and alleged father to submit to genetic tests. If a party refuses to submit to the tests, the court may resolve the question of paternity against that party or enforce its order.

If you are involved in a paternity suit, you should seek the assistance of an experience family law attorney. The family law attorneys at Wallin & Klarich have been handling cases like yours 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) —— 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.

It was recently reported that NBA star Dwayne Wade asked a court to grant him sole custody of his two young sons, adding to the contentious divorce and child custody proceedings with his estranged wife, Siohvaughn. The Miami Heat guard also asked that Siohvaughn undergo a psychiatric evaluation.

The couple have two boys, ages 8 and 2. They married in 2005 and separated in 2007. In divorce proceedings, Siohvaughn alleged Wade had extramarital affairs, abandoned his children, and gave her herpes (which she later recanted). Wade countered by filing more than 300 pages worth of documents with the court, alleging his ex-wife exhibited threatening behavior, had extramarital affairs, uses abusive parenting methods, and is unwilling to let the him see his children.

Wade is one of the highest-paid athletes in the world. In addition to a $16 million annual salary with the Miami Heat, he also makes millions more with endorsement contracts with Gatorade, Lincoln, Staples, Sean John, T-Mobile, Topps Trading Cards, and Nike. Siohvaughn was Wade’s high school sweetheart. It is unknown whether the two signed a prenuptial agreement before they wed.

The divorce and family law attorneys at Wallin & Klarich have many years of experience handling cases for clients facing the challenges of divorce, division of property, child support enforcement, child custody, visitation, paternity, annulment, domestic violence, and restraining orders. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys, and judges that afford our clients in the Southern California area family law representation and counsel they need to assure a positive outcome in their case.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing divorce or family law matters in Southern California, you need to call Wallin & Klarich today for an evaluation of your case. Call 1-888-749-0034 or visit www.wklaw.com to get in contact with an attorney today. We will be there when you call.

If you were ordered by a court to pay child support, and you are now in arrears, it is likely that your request for a U.S. Passport will be denied by the U.S. Department of State. States submit child support cases with past-due amounts to the Office of Child Support Enforcement (OCSE), which in turn places the name of the individual in a database searched by the Department of State prior to passport approvals.

Under Section 51.70(a)(8) of Title 22 of the Code of Federal Regulations, a passport, except for direct return to the United States, shall not be issued in any case in which the applicant has been certified to be in arrears of child support in an amount exceeding $2,500.00.

Although the U.S. Department of State has the ability to deny a passport application, they do not have the authority to release an individual’s name to obtain the passport without an authorization from the state child support enforcement agency. In order to clear the denial, the individual must contact the state child support agency that submitted the arrears notice in the first place. Depending on the state, the individual will have to either bring the balance to current, or guarantee an acceptable payment plan for the unpaid balance. Once an arrangement is made with the state child support agency, it usually takes one week for the individual to become eligible for their passport.

A child support matter can be very complex, and adding federal regulations further complicates matters. Let an experienced family law attorney review your case and assist you in lifting the hold on your U.S. Passport application. The law firm of Wallin and Klarich is prepared to answer your legal questions and is immediately available to assist you with your case. Contact us today at 888-280-6839 or visit our website at www.wklaw.com for additional information.

The juvenile court is given broad discretion in determining the sufficiency of evidence to establish the court’s jurisdiction over a minor under Welfare and Institutions Code Section 300(d). During the jurisdictional hearing, the trial court assumes the role of the jury in determining issues of facts and credibility of witnesses. Its ruling will not be disturbed on appeal even when the court finds substantial discrepancies in the evidence as to when the sexual abuse began and ended, where it occurred, and how often it happened.

Under Welfare and Institutions Code Section 300(d), a county’s Health and Human Services Agency may file a petition on behalf of a minor alleging that parents or other individuals who have physical custody of a child sexually molested him or her. To sustain such petitions filed by the Agency, the court must make an affirmative finding, by clear and convincing evidence, of the sexual molestation allegation. Once the court sustains the petition, it will establish its jurisdiction over a child, remove the victim from the family, and place him or her in foster care.

The court’s factual findings are difficult to reverse on appeal. The court may sustain a 300(d) petition relying primarily on the victim’s testimony that needs just a slight collaboration by other evidence presented to a judge at the hearing. Recently, the juvenile court sustained a 300(d) petition declaring a 15-year-old minor, whose name was kept confidential, a dependent of the juvenile court when it based its decision primarily on the minor’s own testimony. This decision was not reversed on appeal despite the fact that the court agreed with the father who cited various inconsistencies in the minor’s testimony.

It is essential to contact an experienced dependency law attorney who can provide clarity and quality representation in your family law matter. Wallin & Klarich offers an AV rated representation to parents in both dependency and delinquency matters. Call (888) 749-7428 to speak to a Wallin & Klarich Southern California family law attorney today. You can also visit us at www.wklaw.com. We will be there when you call.

Child support and spousal support serve different purposes, implicate different policies, and are governed by different rules.

Under child support law in California, a child has a right to be maintained in a lifestyle that is consistent with what the child is accustomed to while living with his or her parents. This includes maintenance and education. The spousal support statute, however, requires only a consideration of the parties’ standard of living in awarding spousal support.

Child support awards are highly regulated and are relatively fixed orders based on strict statewide guidelines. The state guidelines consider factors such as visitation rights of the parties, the income of each party, health insurance paid by a party, day care expenses, etc. On the other hand, case law requires spousal support awards to be the product of the independent exercise of judicial discretion and requires the weighing of several different factors including any factors that the court deems just and equitable. The relevant factors the court considers include the ability to maintain the marital standard of living in light of certain capacities; contributions to the other spouse’s education, training, etc; the supporting spouse’s ability to pay; needs in light of the marital standard of living; the parties assets and debts; duration of the marriage; the age and health of the parties; any history of domestic violence; tax consequences; and the balance of hardships to each party.

The parties may agree to waive spousal support; however, public policy prohibits the waiver of child support.

The state’s legislative policy on child support is to make children the state’s top priority. The statutory child support duty normally terminates when the child reaches the age of 18. The legislative policy on spousal support is for the spouse’s to be self supporting within a reasonable period of time.

Child support and spousal support can be complex. It is important to seek an experienced family law attorney to assist you in your support matter. At Wallin & Klarich, our Tustin child support attorneys have over 30 years of experience in family law. Our attorneys will fight to get you the best possible outcome. Call us today at (888) 749-7428 or visit us on our website at www.wklaw.com. We will be there when you call.