Child Custody

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.

The Associated Press recently reported that Dr. Conrad Murray, a doctor charged in the death of Michael Jackson, lost his bid to resolve a child support issue threatening his Nevada medical license. Murray requested relief from paying about $16,000 in back child support payments to the mother of his 12 year old son. Murray could face suspension of his medical license as early as August, depending on the hearing master’s recommendation and possible appeals.

Under the child support laws in the California Family Code (CFC) Section 4050-4076, the interests of any child involved are the state’s top priority. Accordingly, a parent’s first and principal obligation is to support any minor children according to the parent’s circumstances and station in life. Both parents are mutually responsible for the support of their children. The court will therefore take into account each parent’s actual income and level of responsibility for each child. Cost of living, as well as the standard of living, in California is high compared to other states. Therefore, children must receive fair, timely, and sufficient support reflecting these realities of living in California.

The statewide uniform guideline for determining child support payment orders is generally calculated with respect to the amount of both parents’ income to be allocated for child support, any disposable income, physical custody of each child, and parties’ gross income. A more thorough equation can be found under CFC Section 4055.

Child support is essential to the health and safety of your children. It is therefore necessary to retain our experienced legal representation as soon as you can. The child support attorneys at Wallin & Klarich have been handling divorce proceedings 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.

There are two general types of divorces – uncontested divorces and contested divorces. In an uncontested divorce, an agreement is reached by both spouses as to all aspects of the divorce. The spouses agree on matters like how to divide their assets, how to divide child custody, who will pay child support and how much will be paid, and who will pay alimony as well as the amount of the alimony. In an uncontested case, you often won’t have to appear before a judge.

A contested divorce is one in which the spouses cannot reach an agreement on one or more items involved in the divorce proceedings, such as property division, child support, child custody, or alimony. Often a judge will become involved in a contested divorce to help settle the differences if they are not resolved in mediation or negotiations. However, if with the help of attorneys in mediation or through negotiations, agreements can be made without appearing in court.

In both types of divorces, it is important to contact a skilled and experienced San Diego Family Law attorney. A knowledgeable San Diego Family Law attorney will help guide you through your divorce proceedings and make it go as smoothly as possible. At Wallin and Klarich, we can provide you with a San Diego Family Law attorney who has the expertise and experience needed to help you in your divorce case. Contact us today.

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.

In other posts, we discussed the first, second, third, and fourth tips that you should follow when preparing to work with a lawyer for your child custody and/or visitation issue in court. Let’s go on to the fifth and final tip.

Fifth, remember that the vast majority of family law lawyers charge an hourly rate. The more work they do, the more you will end up having to pay them. By contrast, the more work you do for your lawyer, and the more preparation you put into your case, the less work your lawyer will have to do, and the less you will have to pay him or her. This advice is especially helpful if money is tight. You should not feel like you are unable to hire a lawyer if you are not super rich. As long as you are willing to do the work in a timely manner and get things done, your lawyer should not have a problem with you helping with your case. In fact, your lawyer should appreciate you taking such an active role in your case. Having this kind of teamwork go a long way to benefit your case and hopefully earn the outcome you want, and at the same time save you some money.

This is the last of our five tips on the things you should do before meeting with a family lawyer. The next step is finding and meeting with the right lawyer. If there is any other advice we can give you, please do not hesitate to contact us.

Wallin & Klarich has more than 30 years of experience in family law. Our Southern California family law attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

A recent article on LA Times online details the custody battle over recently deceased pop star Michael Jackson’s 3 children. In his will, Jackson had given his mother, Katherine Jackson, 79, custody of his 3 children. He named musical artist, and friend, Dianna Ross as the secondary choice of custody if his mother could not take the children.

Deborah Rowe, who was the surrogate who gave birth to the two elder children, will maintain her legal parental rights under an agreement reached by both sides. Rowe had waived her parental rights in 2001 after divorcing Jackson, but challenged the waiver in 2003 when the pop star was under investigation for child molestation. Her challenge was granted.

The agreement will go before a Los Angeles judge Monday, and both sides expect the judge to approve it.

Child custody and child support arrangements are made according to the child’s best interests. In this instance, a major change of circumstance (a death) has resulted in an adjustment to the child custody situation for Jackson’s children. Deborah Rowe’s attorneys negotiated the terms of the change with Katherine Jackson’s attorney prior to appearing before a judge. Whenever possible, a situation where the family can agree on new arrangements is advisable. This keeps the decision process in the hands of the immediate family and doesn’t leave them to the whim of a family law judge.

Whatever the circumstances behind your modification of child custody arrangements, it is of the utmost importance to contact an experienced Southern California child custody attorney to help protect your rights and interests. With Wallin & Klarich on your side, you can rest assured that your attorney is working hard to get the best possible outcome for you and your family. We have more than 30 years of experience in divorce, custody and other family law matters. And with offices located from San Diego to Ventura to the Inland Empire, we’re able to be there for you, wherever you happen to be. For a consultation, call us today at 1-888-749-7428.

Source report:http://latimesblogs.latimes.com/lanow/2009/07/michael-jacksons-mother-will-retain-custody-of-his-children.html

One of the most difficult aspects of going through a divorce in Southern California can sometimes be agreeing with your spouse about the healthcare of your child. Some parents want their children to attend counseling session with therapists, psychologists, psychiatrists, and the like, while other parents think such sessions can be even more traumatic and difficult for their children. Some parents think such sessions do more harm than good.

Similarly, if a child has a serious health condition that needs to be attended to, the parents need to choose what they feel is the best method of care to be provided to their child. These issues can be difficult to go through and the decisions are hard to make. It can be even harder if there are several doctors that give conflicting opinions and the parents do not agree on which doctor to rely on.

As a general rule, California judges prefer to allow both parents to make medical decisions about their children. This is a part of CA joint legal custody. However, when the parents are unable to decide, the judge can make the decision for the parents, such as was the case in this story.

If you or a loved one is going through a difficult child custody battle where the parents or guardians are just not able to come to an agreement about a child’s mental and/or medical care, you should speak to a knowledgeable and skilled Los Angeles child custody lawyer to help you solve the issue. Please contact us today for a free telephonic consultation.

At Wallin and 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 child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin and Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

Now that Michael Jackson has passed away, a potentially very heated battle over who will get custody of his minor children is on the horizon. Will it be Michael Jackson’s mother, Katherine Jackson? Will it be the biological mother of his two children, Debbie Rowe? Will it be the children’s nanny Grace Rwaramba, or Aunt Janet Jackson?

The child custody situation is complex and there are several different issues that will most likely need to be addressed. First, it has been reported that Michael’s last will and testament bequeathed legal and physical custody of his children to his mother Katherine. This brings up a very interesting legal question: Does a bequeath of custody of one’s minor children in a will to another individual (i.e. Katherine) supersede the custodial rights of a biological parent (i.e. Debbie Rowe)? It will definitely be interesting to see how the court rules on this.

Another issue has to do with the custodial rights of the nanny, who reportedly cared for the children for ten years. Does she have any more custodial rights to the children than Katherine Jackson or Debbie Rowe? The answer to this is probably not, since she was paid for her services and was not a girlfriend, co-habitant, domestic partner, etc., of Michael. Finally, one last issue has to do with whether the court would split up the children. It has been reported that Ms. Rowe is the biological mother of the oldest two children. Therefore, if the court were to grant her custody of the two oldest children just because she is their biological mother, would the Court then grant custody of the youngest child to someone else?

These custody issues that have arisen as a result of the sudden and unexpected death of Michael Jackson are very fascinating to say the least. Wallin and Klarich will continue to monitor these issues very closely as they may impact other custody battles down the line. If you or a loved one has questions regarding child custody matters, call a skilled California child custody attorney at Wallin and Klarich today. Wallin and Klarich has been in the business of helping people with child custody matters and many other family law issues many years and we would like to help you with yours! Call Wallin & Klarich today at 1-888-749-7428 or visit online at www.wkfamilylaw.com to learn more about your case and what can be done.

It is important to have a private attorney represent you in any matter you have in Dependency Court. If you do not retain private counsel you will be appointed an attorney who will represent you. The court appointed attorney’s are overloaded with cases and do not have extra time to put into your case.

A example of this is the case of In Re R.M. and S.M. v. J.M. In this case the appellate court overturned a juvenile court’s ruling that two minors, age 13 and 10 should be declared wards of the state. In this case the juvenile court found that “periodic episodes of inadequate supervision of the children” caused by Mother’s and Father’s divergent approaches in parenting resulted in the two minor children’s exposure to inappropriate sexual conduct by their older brother. The juvenile court found that both children engaged in inappropriate sexual conduct, however the appellate court found that nothing in the juvenile court record supported the conclusion that Mother inadequately supervised her children, nor that she should have known about this inappropriate conduct sooner.

In order to sustain a juvenile dependency 300 petition, the evidence must be reasonably credible, and of solid value, such that the court would find the child to be a dependent of the court by clear and convincing evidence. Subdivision (b) of section 300 provides that a child is subject to juvenile court jurisdiction if the child has “suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child.”

In the case mentioned above, the older child watched adult films and engaged in inappropriate conduct, however none of the child’s behavior posed a threat of serious harm to his other two siblings.

The appellate court found that no evidence was presented that the Mother condoned or facilitated the older child’s conduct. The evidence showed the opposite – that as soon as the Mother became aware of the inappropriate conduct she took many steps to prevent it. Mother went so far as to lock the bedroom door where she and one of the minor children slept so the child was not subjected to the inappropriate conduct.

In order for the juvenile court to declare the children wards of the state, they must show that “the circumstances existing at the time of the hearing make it likely that the children will suffer the same type of serious physical harm or illness in the future.” This is because a child can only be a dependent of the state so long as it is necessary for the child to be protected from the risk of serious physical harm or illness.

The appellate court found that there was no record that this behavior occurred as a result of Mother or Father’s approach to parenting or to their physical or emotional problems. The evidence only showed that as soon as the parents found out about this behavior they took steps necessary to stop the inappropriate conduct. Therefore, at the time of the hearing there was no current risk of serious physical harm or illness to the child.

This demonstrates that it is important to have a knowledgeable private attorney on your side that will build your case in a manner according to the laws and disprove the elements that are required to declare minor children wards of the state. It is not worth taking the risk of losing your children by having inadequate counsel. Wallin and Klarich has been practicing in the area of dependency and juvenile law for over 30 years and have a staff of very knowledgeable attorneys that are waiting to help you with your case. Please call 888.749.7428 to speak with a Wallin and Klarich attorney today to get more information.

An article on the website californiadivorce.info discusses the types of family law court orders in California that are most often amended, or ‘modified’. The 3 types of orders the article discusses are:

• Child Custody/Visitation Orders,
• Child Support orders, and
• Spousal Support orders.

Child Custody/ Visitation Order Modification
When the court finds a modification of the visitation schedule or child custody order to be “necessary or proper” and in the child’s best interests, [Ca Fam § 3022] the court may chose to alter its initial decision. The responsibility is on the parent seeking a modification to show a “significant change of circumstances” that would support such an alteration.

Modification of Child Support Orders
Child support orders are modifiable “at any time as the court deems necessary.” Even if the parties have agreed that support may not be modified, child support may be modified at any time especially if they do not adhere to the statewide child support guidelines.

Modification of Spousal Support Orders
Spousal support in California awards and agreements are modifiable throughout the support period, except as to amounts accrued prior to the filing of application for modification and except as otherwise provided by agreement of the parties. However, unlike child support, the court’s continuing power to modify spousal support is dependent on the terms of the court’s order. Unless jurisdiction to award support has been reserved, post-judgment spousal support is limited by the stated duration of the order, unless the parties agree to continue support for a longer period of time. [Ca Fam §§ 3603, 3651(c), 4333, 4335]

Whether you are seeking a modification of spousal support, child support, custody or visitation, your chances of successfully amending the courts orders increase substantially when your retain the services of experienced Family Law counsel. Custody and support proceedings are extremely important, affecting every part of your child’s life and your own future. When your circumstances change, it can become necessary to petition the courts to review their orders regarding your child or alimony arrangements.

With a skilled family law attorney in California from Wallin & Klarich on your side, you can rest assured that your attorney is working hard to get the best possible outcome for you and your family. We have more than 30 years of experience in divorce, custody and other family law matters. And with offices located from San Diego to Ventura to the Inland Empire, we’re able to be there for you, wherever you happen to be. For a consultation, call us today at 1-888-749-7428.