Archive for the ‘Family Law’ Category

Your rights as a dad

Are you an unmarried father looking for visitation with your child?  Or, are you an unmarried mother who wants child support? The first step is to establish a legal father-child relationship.  This step is necessary to establish custody and visitation rights when the parents are not married to each other.  Paternity is established through DNA… Continue reading →

Parenting plan after a divorce

The court requires all divorcing parents to adopt a parenting plan, which is intended to ensure the child continues to have frequent and continued contact with both parents. The parenting plan must detail how the parents will share and be involved in the day-to-day raising of their minor child.  It should include parental responsibility, time… Continue reading →

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California law and domestic partnership

A domestic partnership is a personal relationship between the same or different sexes who are living together and share a common domestic life.  At least one party is at least 62 years old. California Family Code Section 297(a) states, “Domestic partners are two adults who have chosen to share one another’s lives in an intimate… Continue reading →

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What happens if custodial parent moves?

What happens when the custodial parent decides to move to another state?  Can visitation rights be easily maintained?  Will the disruption in visitation with the non-custodial parent be detrimental to the child? In most cases, the custodial parent must get the approval of the non-custodial parent and/or the court before the move can take place…. Continue reading →

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Dividing up debts and liabilities

As part of an action for the dissolution of a marriage, the court must determine the division of the couple’s debts and liabilities – not only division of property. The court considers the circumstances surrounding each party before arriving at a fair and equitable division.  The court looks at the length of the marriage, the… Continue reading →

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Tax consequences and divorce

When a couple is going through the divorce process, especially when they are fighting over the division of assets, they are not thinking about the significant tax consequences down the road. It is important to know how to make informed decisions about the tax consequences of property division and support payments.  It is important to… Continue reading →

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California bill and spousal abusers

For those of you involved in an abusive relationship, help is on the way.  A proposed bill, AB-1522, would end spousal support payments for spouses who have been convicted of violent sexual felonies against their former partners. The bill was initiated by someone who was forced to pay spousal support to her husband after he… Continue reading →

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Establishing legal custody rights

The subject of paternity arises in numerous ways.  What happens when a couple has a child out of wedlock and then breaks up? The breakup leaves unresolved issues, such as custody, visitation and child support.  What about a man who has been ordered to pay child support based on a court order, but has never… Continue reading →

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Who gets the family home after a divorce?

One of the biggest questions to be asked during the divorce process is, “Who gets the family home?”  Should the wife or husband get it or should it be sold and the proceeds split? Keep in mind that property, such as this family house, acquired during the marriage is community property and each spouse is… Continue reading →

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Parenting plan and dispute resolution options

In all divorces where children are involved, a parenting plan must be created, which works for all concerned.  What happens if a dispute comes up?  How can it be resolved amicably? The most common dispute resolution involves taking your former spouse back to court.  What about legal fees?  They can really mount up on post-decree… Continue reading →

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