How does a parent with a Domestic Violence finding against him under the Domestic Violence Act rebut the presumption that it is detrimental to the children for him or her to have custody of his children?
How does a parent with a Domestic Violence finding against him under the Domestic Violence Act rebut the presumption that it is detrimental to the children for him or her to have custody of his children?
The Family Code defines domestic violence as per se “detrimental” to a child. Thus, the perpetration of domestic violence in a household where a child resides is detrimental to the child. [Family C. § 3020(a)] Between two parents, under the Domestic Violence Act, a person found by the court to have committed domestic violence by a preponderance of the evidence within the previous five years against the other parent of…
Read MoreSettlement Agreements and the Waiver of Family Code Provisions That Terminate Spousal Support [California Family Code Section 4337]
In many instances, a divorce case never goes to trial because the parties settle their issues and incorporate a Marital Settlement Agreement as their divorce judgment. Because family law cases involve complex issues of child custody, child support, spousal support and property division, it is important that you and the other party fully understand the terms of your settlement agreement. Therefore, when entering into a Marital Settlement Agreement, it is…
Read MoreAs a stepparent, can I get court-ordered visitation with my stepson or stepdaughter under California Family Code 3101?
California courts have the ability to grant stepparents “reasonable visitation” in a divorce proceeding under Family Code §3101. However, a stepparent cannot assert his or her right to visitation and contact with the child if they are not a party to the case. Therefore, a stepparent’s right to visitation with their stepchild does not arise in a case between the biological parents, but rather in a divorce proceeding between the…
Read MoreDisclosure: A Legal Requirement and a Duty Owed to Your Spouse [California Family Code Section 2104]
Divorces involve complex issues of child custody, child support, spousal support and property division. It is important that you understand how each issue is settled or resolved by the court. Additionally, the California Family Code requires each spouse to perform certain duties and obligations. Therefore in a divorce, it is vital that you speak with an experienced divorce lawyer from Wallin & Klarich. Under California Family Code section 2104, each…
Read MoreEqual Access to Legal Representation In California Family Law Courts [California Family Code Section 2030]
In the past few years, the California legislature has recognized a need for parties involved in family law proceedings to have equal access to legal representation. Because family law cases can be complex and filled with discovery, numerous hearings and experts, the legislature wanted to ensure that there was a level playing field between the two parties. Therefore in any family law proceeding, it is vital that you speak with…
Read MoreDoes a Guardianship of the Person terminate automatically when the minor turns 18?
In California, a probate guardianship is a proceeding in which a person is nominated and then appointed a guardian of a minor child. Generally, a guardianship of the person is established by relatives or another willing adult to provide for the health, safety and welfare of a child whose parents are unable or unwilling to provide for their child. A person may be appointed the guardian of a minor child…
Read MoreDo You Need a Good Reason to Be Allowed a Divorce in California?
More often than not, glossy tabloid magazines are emblazoned with headlines detailing the latest celebrity gossip and their extra marital affairs. The stories within would always describe lurid accounts of a secret tryst or rendezvous that inevitably lead to the destruction of their marriages. However, people mistakenly believe that cheating on your spouse is what provides the legal grounds for a divorce. The state of California, like nearly every state,…
Read MoreHow to protect and establish my rights to visitation with my children
Divorce is a difficult process to undergo for both parties. It is more difficult when there are minor children in the midst of the fight. Parents often feel as if they will be robbed of valuable time spent with their children if they are not awarded primary physical custody. It is important to realize that a parent can protect their rights to visitation and custody both during the divorce as…
Read MoreHow can I get a move-away order and will the Court change my custody orders?
In child custody proceedings, parties will often be faced with the prospect of having to move to a different city, county, or even state. Under those circumstances, a parent seeks to change the residence of the child(ren), and absent the written approval of the other parent, a court order is generally required. In the past, the court first examined the procedural history of the case, and…
Read MoreDivorced Parents and the Need for Co-Parenting [California Family Code Section 3011]
A divorce is generally a difficult time for a husband and wife. But it is also important to be mindful of the fact that your children can also be affected by your divorce. Thus it is important that you and your spouse “co-parent” to ensure your child is not negatively affected by the divorce. Because these kinds of cases can be heavily contested and highly emotional, especially when child custody…
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