Does My Child Have a Say in the Child Custody or Visitation Order
Does My Child Have a Say in the Child Custody or Visitation Order
Many parents ask us whether their child has a say in what the child custody and visitation arrangement is. People want to know if the judge will listen to the child’s input when making a child custody/visitation order. Some parents ask whether the child gets to choose with whom he or she wants to live. The answer will depend on the age of the child and also on the judge.…
Read MoreHow Long Does a Divorce Take in California?
You might be wondering how quickly you can be divorced in California. In California, the quickest you can become divorced is in 6 months. However, becoming divorced and going through a divorce mean two entirely different things. The divorce proceedings could take much shorter or much longer than 6 months. We have seen divorce cases go on for years. This happens when the divorcing parties cannot agree on the terms…
Read MoreObtain a Child Support Order against the Absent Parent Expediently and Efficiently
If a party opens a Department of Child support case in San Bernardino, jurisdiction over the issue of child support then becomes the controlling jurisdiction of the Department of Child Support Services Court which is separately located from the central courthouse in downtown San Bernardino. The Department of Child Support Services (DCSS) handles the enforcement actions of a child support order, however, due to the voluminous amount of active cases…
Read MoreHow Do I Fill Out the Petition for Dissolution Form?
The way you begin a divorce is by filling out a form called a Petition for Dissolution. Before you fill out this form, it would be wise to make sure you have all the necessary information gathered together. You will need to know and identify all the separate property and community property. You will also need to know and identify all the separate debts and community debts. Separate property is…
Read MoreWhat Social Services Must Prove When They Take Your Child from You in a Dependency Action: Welfare & Institutions Code 300s
If a social worker decides to remove a child from a home, they must show the court that the child falls within the court's jurisdiction to make orders on behalf of the child's release or detention. The social worker must also show the following pursuant to Welfare and Institutions Code Section 319 and California Rules of Court 5.676, 5.678: Continuance in the parent's custody is contrary to the child's welfare;…
Read MoreHow Do I Serve Divorce Papers on My Spouse?
If you recently filed for divorce, before you go any further in the divorce procedure you need to serve your divorce Petition for Dissolution, Summons, and any other supporting paperwork on your spouse. You personally are not allowed to give the paperwork to your spouse. You are also not allowed to simply mail the paperwork to your spouse. Any person who is at least 18-years-old and not a party to…
Read MoreChild Custody Disputes in Family Law Matters and the Relevance of an Expert Evaluator: Evidence Code Section 730
Evidence Code Section 730 states: "When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the…
Read MoreWhere Do I File for Divorce?
The first thing you need to do if you want to file for divorce is figure out where you need to file. Most people will file for divorce in the courthouse that is closest to their home. For example, if you live in Chula Vista, CA, which is in San Diego County, then you will file your divorce in the Chula Vista courthouse of the California Superior Court in San…
Read MoreTemporary Guardianship of Kurt Cobain’s Daughter
The daughter of Courtney Love and the late Kurt Cobain will no longer be in the custody of Courtney Love. KTLA reported that 17-year-old Frances Bean Cobain will now be under the temporary guardianship of her father’s mother (grandmother) and sister (aunt). The court order is in place until February but doesn't give the girl’s grandmother or aunt any access to her trust that was set up by her father.…
Read MoreSpousal Support A.K.A. Alimony
Spousal support is support paid to the non-working or disadvantaged spouse seeking marketable or renewed job skills to become self sufficient and self-supporting. Many times the former spouse being supported was previously the homemaker or main care-taker of the children. Other instances provide that the supported party was out of the work force for so long that their job skills would have to be renewed to the point that re-training…
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