Child’s Preference = Living With Their Favorite Parent?
Child’s Preference = Living With Their Favorite Parent?
The Courts will look at a child's sufficient age and capacity to determine if they have the maturity in providing an opinion regarding custody. Once the court determines that the child is of sufficient age and capacity to provide a preference on custody, the court then must consider and give weight to the child's wishes in determining a custody order. Age alone is not determinative in the court's deciding the…
Read MoreIs Mediation Required if I Want a Custody/Visitation Order or Modification?
When you want custody orders in San Diego, you need to decide who will have custody of your children and how they will be taken care of. If you can't agree, you must meet with a professional San Diego mediator before you can go to court. Even if there are existing custody orders and you are requesting a modification, you will still be required to meet with a mediator to…
Read MoreCan I Seek Retroactivity on a Child Support and Spousal Support Order?
New case law states that it depends on the status of the case whether or not you are entitled to retroactivity. In Re Marriage of Gruena¸ (2011), the court held that temporary child support orders may not be modified retroactively. The exception to this rule, is if the Order to Show Cause is continued with a later court date, subject to retroactivity. If the court hears the Order to Show…
Read MoreWhat is the difference between a Divorce and an Annulment?
Are you or a loved one looking to get out of a marriage or domestic partnership, but not sure whether to seek a divorce or an annulment? If so, you should know that divorces and annulments are completely different. The basic premise behind a divorce is in complete contrast to that of an annulment. The divorce process presumes that the marriage or domestic partnership was valid to begin with. In…
Read MoreSinger Ashlee Simpson Files For Divorce From Husband Pete Wentz
According to media sources, singer Ashlee Simpson filed for divorce from Fall Out Boy bassist Pete Wentz. According to TMZ, who first reported the split, Ashlee filed the papers in Los Angeles Superior Court on Wednesday, citing "irreconcilable differences" as the reason for the divorce. Ashlee, the singer, actress and younger sister of Jessica Simpson began dating Wentz in the fall of 2006. The couple got married in May 2008…
Read MoreI Am A Father and Need Help Getting Visitation With My Child
When you have a child with someone you are not married to, you have to start a paternity action with the court. Even though you are sure you are the father you have to establish with the courts that you are the father. Either party can request that a paternity test be done, or you can assert that you are the father. There are numerous forms that need to be…
Read MoreThe Family Court Ordered an Investigation – What Does That Entail?
The Court may order an investigation in custody or visitation disputes if the judge believes that it is necessary to resolve complex issues such as the safety of the children. Court Mediators and attorneys may also request that the Court order an investigation. Judges normally grant investigations if they feel it would help to clarify allegations and promote settlement of issues in the best interest of the children. Every investigation…
Read MoreAre You Prepared to Get Custody of Your Child?
If you are like thousands of other non-custodial parents in California, you are scouring the internet looking for ways to get custody of your child. You want to know the process you have to go through to convince the court to award you primary physical custody. You want to know the right lawyer to hire. You want to know how you can show the judge that your child should be…
Read MoreModification Of Spousal And Child Support Is Often Necessary To Avoid Violating A Court Order
Individuals often find themselves in trouble with the court for failing to pay their court ordered spousal or child support. In a surprising number of cases, the person stops paying spousal or child support because of a change in their financial circumstances. In California, a person is entitled to have a modification of court ordered spousal and/or child support if there has been a change in their financial circumstances. In…
Read MoreHow To Know What is Separate Vs Community Property
The general rule is that community property is all property acquired by a married person during marriage while living in California. Separate Property is anything that is acquired before marriage or after the date of separation. In addition, anything that a party received by gift bequest, devise, or descent is separate property. If a party receives rents, issues or profits from a separate property in San Diego then that would…
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