california family law attorney

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.

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.

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.

The LA Times recently reported on Sandra Bullock’s first public appearance since the Oscars at the Spike TV’s Guy’s Choice Awards. Ms. Bullock was not wearing her wedding ring as divorce proceedings between herself and Jesse James are currently underway. Jesse James was caught in a cheating scandal immediately following Bullock’s Best Actress win at the Oscars, and they have been separated ever since.

Under California Family Code Section 2310, a divorce can only be obtained on the grounds of irreconcilable differences or incurable insanity. California is a “no fault” state, which means that the court generally does not assess the “fault” of the parties when dissolving a marriage, dividing marital property, or ordering support. In addition, California is a community property state, meaning that the parties to the divorce will share an equal interest in any money earned or property acquired during marriage. By law, the court must equally divide the community property between both parties.

A divorce may also involve issues such as spousal and child support, child custody, and visitation rights. The combination of these issues can make it difficult to reach a settlement agreement with your spouse. Having an attorney represent you during the process can ensure that you are well informed about your legal rights in regards to custody, support, and property.

It is our goal to help you get your life back to as normal as possible. At Wallin & Klarich, our skilled team of family law attorneys and our outstanding support staff of legal assistants and law clerks will help you work through each detail of your case to get you the best possible settlement. Our emphasis on teamwork enables us to provide top notch legal assistance to each of our clients. 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.

Heidi Montag and Spencer Pratt, reality television celebrities best known for appearing on the MTV reality television show The Hills, are now legally separated after Montag went to court on Tuesday to formally file legal separation papers. Under California law, Montag will no longer have to share future earnings with her husband.

The pair came to prominence appearing on The Hills in 2006. They announced their engagement in 2007 and married twice, once in Mexico in 2008 in a 15 minute ceremony and a second time in 2009 in a lavish event in front of friends and family in Los Angeles. All of the couple’s milestones were documented on The Hills. The pair has worked together on Montag’s music career, a fashion line, books, promotional appearances, and a stint on the NBC reality show competition I’m a Celebrity, Get Me Out of Here.

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 1-888-749-7428 or visit www.wklaw.com to get in contact with an attorney today. We will be there when you call.

It was recently reported by ABC News that Bruce Beresford-Redman left Mexico without the Mexican authorities’ knowledge or consent. While Bruce and his wife, Monica, were on vacation in Cancun, his wife was murdered. He has yet to be charged with any crimes, but Mexican authorities have named Bruce as a person of interest in his wife’s death. There is also a separate California child custody case to decide who will get ultimate custody of Bruce and Monica’s children.

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 Southern California child custody lawyer 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) —— and visit us on our website at www.wklaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

A California Court of Appeals recently held that a restraining order cannot be issued under the Domestic Violence Prevention Act unless there was abusive conduct that placed victim in reasonable apprehension of injury. In S.M. v. E.P. No., D055230, proof of badgering without physical violence is not enough for the court to issue a restraining order. Without physical confrontation, it would be difficult for words to place one in reasonable apprehension of imminent serious bodily injury. While the trial court granted the restraining order, it was declared improper on appeal.

Pursuant to California Family Code §§ 6300 and 6306, a restraining order may only be issued to prevent a recurrence of domestic violence if there is reasonable proof of past abuse. Courts issue restraining orders to protect a person from physical pain, injury, and threats of physical pain or injury. These may be issued against a family member, a member of the household, or a stalker.

Domestic violence, more specifically, pertains to abuse perpetrated between a person and their spouse, cohabitant, person in a past intimate relationship, or one’s child. CFC § 6211. But for an act to qualify as abuse, one must intentionally or recklessly cause or attempt to cause bodily harm, commit sexual assault, or place a person in reasonably apprehension of imminent serious bodily harm. CFC § 6203. Words alone, however, would rarely give rise to a domestic violence claim.

Additionally, if a restraining order is issued before or in the midst of a child custody dispute, then it may prevent the recipient of that order from gaining custody. CFC § 3044.

Though the law may seem organized and straight-forward on its face, this is rarely the case. Family law is a complex area and it takes someone with intimate knowledge of the law and experience navigating local courts to get you the best possible result in your case. It is vitally important for you to hire an experienced Southern California Family Law Attorney to make your case. With over 30 years of experience, Wallin & Klarich have handled thousands of family law cases. We know that your family and children are important to you and we feel the same way. Call us at (888) 749-7428 begin_of_the_skype_highlighting              (888) 749-7428      end_of_the_skype_highlighting or contact us on our website at www.wkfamilylaw.com. We will be there when you call.

Facebook, an internet networking website, is a new tool used by divorce attorneys to aid their client. Because California operates under the no-fault rule, information gathered through Facebook would not be used to show that one spouse has violated their marital contract; but rather, the information would primarily be used to discredit the other spouse’s testimony. Since 1969, California has adopted the no-fault divorce rule, which allows couples to dissolve their marriage without a showing of fault regardless of whether the divorce is consensual. This rule allows for divorce proceedings to commence on the grounds of irreconcilable differences. To satisfy this requirement, there need only be a breakdown of the marriage under California Family Code § 2310(a).

Information posted on Facebook can become an important tool a divorce attorney may use in order to discredit the other spouse’s testimony. One example would be recent images of alcohol consumption contradicting an individual’s pledged sobriety. By acquiring this information, the divorce attorney can use it as negative character evidence, establish inconsistencies with prior statements, or to even impeach the other spouse. It becomes quite difficult to refute this information as the individual usually is the one to have published it online.

Aside from irreconcilable differences, the other legal ground for divorce under California Family Code § 2310 is incurable insanity. This is the lesser common approach because this requires professional documentation.

Without pictures and evidence, it comes down to a fight between one spouse’s words against the other. With Facebook, however, there is evidence that the other spouse did engage in the alleged activities. An attorney that is able to utilize Facebook to acquire this information would be able to discredit the other spouse’s testimony. With incriminating pictures, comments, and posts, the attorney will be better able to achieve favorable results for the client.

At Wallin & Klarich, our Southern California divorce lawyers have handled hundreds of divorces. We understand that we see clients at a difficult time in their lives; that’s why we’re dedicated to getting the best possible outcome for each and every one. Also with the growth of technology, it is important to hire a divorce attorney that is fully equipped and knowledgeable of every tool available. To discuss your case with us, call us today at 1-888-749-7428 begin_of_the_skype_highlighting              1-888-749-7428      end_of_the_skype_highlighting begin_of_the_skype_highlighting              1-888-749-7428      end_of_the_skype_highlighting or contact us on our website at www.wkfamilylaw.com. We will be there when you call.