What is a Custody Evaluation?
What is a Custody Evaluation?
Custody evaluations are typically ordered whenever a parent requests a move-away order or when there is a highly contested child custody dispute between parents. These are especially common in high conflict battles and where parents are unwilling or unable to resolve their disputes apart from court mediation. These appointments are made pursuant to California Evidence Code Section 730. Custody evaluations will be costly and will take time to complete which…
Read MoreKnow Your Rights: Grandparents Can be Granted Visitation Rights Under the Law
The Courts in California may grant reasonable grandparent visitation of a minor child if the court finds that visitation by the grandparent is in the best interests of the child. The statute exists in the California Family Code Section 3103. Procedurally, Notice of the grandparent's petition for visitation rights must be given to each of the parent of the minor child, including any step parent or any person that has…
Read MoreChanging Your Child’s Last Name is as Easy as Placing an Ad in a Newspaper?
There are many reasons for the name change of a child, including a family name being added or dropped for the minor child, or to facilitate an easier spelling of the name for the minor child as he grows up, or simply just to change the name. A person can seek to change their name or their child's name in California. To begin with, a petition must be filed with…
Read MoreWhat is the legal basis for Dissolution of Marriage or a Legal Separation?
From time to time, we get calls from individuals wanting to know how to get divorced or legally separated, and they want to know what the legal basis is for either of these. The Family Code is clear on this issue. Under Family Code § 2310, dissolution of marriage or a legal separation of the parties may be based on either: (a) “Irreconcilable Differences”, which have caused the irremediable breakdown…
Read MoreWhat is the Difference Between a Legal Separation and a Divorce?
Many parties choose divorce or dissolution rather than legal separation because a judgment of dissolution terminates the marriage and restores the parties to the status of unmarried persons. Legal separation may be a good choice for some parties who want to separate their lives just as formally and fully as parties to a dissolution do, but who want to remain legally married, either for religious reasons or other personal reasons…
Read MoreIs It Possible To Terminate Marriage Before Solving Other Issues?
Under California Law, court will allow a Southern California divorce case to be bifurcated or split into two parts. Generally, if a case is bifurcated, the first issue resolved is marital status. The court grants the couple a divorce – making them each legally single again – but reserves all remaining issues for trial at a later date. The remaining issues could include matters such as property distribution, child custody,…
Read MoreCan I Change the Judge in My Divorce Proceeding?
If you feel as though you have a biased judge in your divorce proceeding, any party or Orange County divorce attorney may prevent any judge, commissioner, or referee from presiding at a hearing on temporary orders by making a timely challenge under Code of Civil Procedure Section 170.6. The challenge is made orally or by written motion with supporting affidavits/declarations indicating that the judicial officer is prejudiced or biased against…
Read MoreWhat is a Summary Dissolution of Marriage?
We received a few calls this month from individuals inquiring about a Summary Dissolution of Marriage and whether or not they meet the qualifications for the filing of a Joint Petition for Summary Dissolution of Marriage. As you may or may not know, a Summary Dissolution of Marriage is a much shorter and easier way to get a divorce in Southern California as opposed to filing a regular, standard Petition…
Read MoreLeaving Your Child in a Car for even 5 Minutes Can Cause you to Lose Custody
If you leave your young child unattended in your car you can expect to be prosecuted for child endangerment (PC 273a) and have your child taken from you by children services. You might think it is okay to leave your sleeping toddler in your car with the air conditioning running while you leave for “just a few minutes” to pick up your prescription or a package of much needed diapers.…
Read MoreWhat is a Family Law Facilitator and What Do They Do?
The Family Facilitator’s Office can be useful for parties with legal issues who cannot afford a family law attorney to handle their child support, spousal support, and health insurance issues. While it is always best to hire an experienced, aggressive family law attorney to help you with your family law issues, indigent parties should locate the Family Law Facilitator’s Office in their local county, as every County is mandated to…
Read More