How to Get a Passport for Your Child During a Custody Dispute in California
How to Get a Passport for Your Child During a Custody Dispute in California
If you wish to get a passport for your child during a custody dispute, two factors will determine the success of your request: The age of the child, AND Whether or not there are any court orders in effect that might restrict the issuance of a passport. If no court orders are in effect concerning the issuance of the minor’s passport, the following rules apply: Both parents must sign if…
Read MoreHow to Modify or Terminate Long-Term Spousal Support Orders in Ventura County – California Family Code Section 4336(c)
Many people are under the mistaken belief that if their marriage lasted for 10 years or more, their marriage is considered a “long-term” marriage and the spouse who earns more money will have to pay lifetime spousal support. While it is true that a marriage that lasts for 10 years or more is generally considered to be a “long-term” marriage, this does not automatically mean that the supporting spouse will…
Read MoreWhat is Sole Legal Custody?
In certain situations when the parents of a child cannot communicate with each other and reach joint decisions, or where the parents are living far apart as to make joint decisions impractical, the court may award sole legal custody to one parent. That parent then has both the right and responsibility of making decisions that affect the health, welfare, religion and education of the child. The parent with sole legal…
Read MoreCalifornia Court Ruling – Are Children at Risk if Parent was Convicted for Child Molestation of an Unrelated Child?
It’s been a contentious issue in juvenile court dependency cases for years: Does the fact that a parent was convicted of child molestation of an unrelated child automatically mean that the parent’s own children are at risk for the same abuse? A California Court of Appeal recently ruled that a juvenile court applied an incorrect standard in finding father’s sons were at substantial risk of being molested by their father…
Read MoreWhat is a Step-up Visitation Plan?
Step-up visitation allows a child to become more familiar with a parent she does not know well, or it allows an increase in visitation as the child gets older. A court often uses this type of plan with a young child, especially an infant, when one parent must meet specific guidelines before getting more visitation or when the parents were not married and the child has not spent much time…
Read MoreCan You Move Away with Your Children?
If you are preparing to relocate, you may be wondering if you can move away with your children. Economic circumstances, remarriage or even the existence of a support network often give rise to consideration of a move. Any move a parent makes that disrupts the current custody plan in a manner that is detrimental to the relationship between the other parent and the children is considered a move away request.…
Read MoreObtaining a Fair Divorce Settlement When Your Spouse is Hiding Assets
A client recently came to us requesting that we file divorce paperwork on her behalf. Her husband owned his own business and was earning a salary that was much higher than hers. During the marriage, the husband controlled all of the finances and made investments in many properties without the knowledge of our client. It can be difficult to obtain a fair divorce settlement if your spouse is hiding assets…
Read MoreEx-Parte Request for Child Custody Orders
A client recently came to us with a child custody issue where the father of her children admitted to her that he was abusing illegal drugs. She did not know what to do, as she was very worried for the safety of her children when they were in the care of their father. The father had primary physical custody and had custody of the children for a larger timeshare than…
Read MoreChanges in Court Procedure in San Bernardino Child Custody Cases
There are several changes that are taking place in the way that child custody cases are handled in the San Bernardino County family law courts. Under the current local rules, every case that involves child custody and visitation is automatically referred to Family Court Services for a mediation appointment when a request for a court hearing is made. Because every case is referred out to mediation regardless of the circumstances,…
Read MoreSan Bernardino Change of Venue Attorney’s Recent Case Victory
A client recently came to us wanting to change the venue of his child custody dispute. The case was filed in San Bernardino County over five years ago and both the mother and our client had moved out of California over three years ago. The children lived with the mother out of state. Despite the fact that no interested party lived in California, both parties continued to file for court…
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