Every Kiss Begins with Kay, but does Every Marriage End in Uncontested Divorce?
Every Kiss Begins with Kay, but does Every Marriage End in Uncontested Divorce?
Of course the quick answer to this question is no, however in today’s day and age, divorce between couples is certainly not an uncommon occurrence. In fact, according to the OC Register, Orange County has one of the highest divorce rates in the nation. At Wallin & Klarich we understand that no two divorces are ever the same. Some divorces are quick and simple, while other divorces may be drawn-out and…
Read MoreWhat is Minor’s Counsel? (California Family Code Section 3150, 3151, 3152)
Minor's counsel is a term used when a private attorney is appointed to represent the best interest of a minor child in family law a proceeding such as a dissolution of marriage. An attorney designated to be minor’s counsel can be appointed by the court on its own motion, or upon the request of either parent or, in some cases, a mediator. An attorney so designated only represents the interest…
Read MoreCan a Court Consider New Spouse Income in Child Support Orders? (California Family Code Section 4057.5)
When making child support orders, courts generally only consider the income of the parents and the amount of custodial time that each parent has with the minor children. The California Family Code has provided a guideline formula for determining child support and courts will generally stick to this guideline in making child support orders. However, there is an exception to this guideline formula that allows courts to consider the non-marital…
Read MoreHow to Establish Custody Rights if You are Not Married
What happens if you have a child and you are not married? What if you are not living with the other parent? What custody and visitation rights does each parent have when the child is born? Who gets to take the child home from the hospital? What will happen if one parent takes the child to their home and the other parent calls the police for help? How do you…
Read MoreDo Grandparents Have Visitation Rights in California? – Family Code Section 3100-3105
Do grandparents have visitation rights in California? Under California law, a grandparent can ask the court to grant reasonable visitation with a grandchild. To grant a grandparent reasonable visitation with a grandchild, the court must: Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond.” When the court finds that such a bond exists between grandparent and grandchild the court can find that visitation between…
Read MoreIs Supervised Visitation the Answer in Your Child Custody Case?
In some child custody and visitation cases, it is appropriate to ask the court for the other parent to have supervised visitation. When this occurs and one parent asks the court for an order that the other parent have only monitored or supervised visits, the court must decide what is in the child’s best interest. A “supervised visit” is when the non-custodial parent is limited to visitation when either a…
Read MoreDoes My Case Need a 730 Evaluation?
In child custody cases involving particularly difficult issues where the parents cannot agree on a parenting plan, it is possible that the court may on its own motion order a Child Custody Evaluation. It is also possible for either party in a dissolution action to request a 730 evaluation by agreement and filing a “Stipulation” or agreement. What is a 730 Evaluation? A 730 evaluation is based on section 730…
Read MoreHow to Prepare for Child Custody Battle
Child custody battles are perhaps the most challenging and emotionally draining matters you will ever face. The future and well-being of your children will be seriously impacted by the court’s decision. You need to ensure that you are very well prepared to fight for what is in the best interest of your children. Below, our attorneys explain the most important steps that you need to follow in order to properly…
Read MoreYou Can Be Ordered to Pay Child Support for Adult Children – California Family Code Sections 3900-3910
When people think of child support, they generally do not consider the notion that the parent of an adult child can receive court-ordered child support. In most cases, court orders are made in a way that ensures that the child support obligation ends when the minor children reach the age of 18 or 19. However, in some cases, you may be ordered to pay child support for adult children. If…
Read MoreHow to Obtain a Domestic Violence Restraining Order Through Temporary Emergency Jurisdiction – California Family Code Section 3424
If you and/or your child are the victims of domestic violence, it is very important that you seek out legal counsel immediately to assist you in obtaining protection from the person abusing you through a Domestic Violence Restraining Order (DVRO). It does not matter if you have only been residing in California with your child for a few days. The California Family Code contains special provisions for situations involving domestic…
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