When a child is born to married parents, paternity or parentage usually is automatically established. When a child is born to parents who are not married, however, the parents must legally establish paternity before addressing matters such as custody, visitation, and child support. Legal paternity establishment also is necessary for an unmarried father to have any rights or responsibilities to … read more
California is a community property state for the purposes of property division during a divorce. This means that all property that the parties own is classified as either separate property or community property. While separate property is not divided during a divorce, community property is subject to division in a divorce proceeding. Each spouse has ownership of half of any … read more
In the state of California, like most other states, a judge makes a child custody determination based on the “best interests of the child.” A judge who is making a decision about what type of child custody order is in a child’s best interest can base his or her decision on a number of different factors. These factors include the … read more
There may come a time when one or both parents want to change a child support order that is already in place under California law. In order to change a California child support order, you generally must prove that there has been a “change in circumstances” since the time that the last child support order was issued. However, if your … read more
Prenuptial agreements have become increasingly more common in a couple’s premarital preparations in recent years, particularly as national divorce rates have skyrocketed and second and third marriages have become more prevalent. While prenuptial agreements were reserved for the very wealthy at one point in time, they also serve a very important purpose for any prospective spouses who own any type … read more
In the state of California, there are two possible grounds or reasons for divorce. The first ground is “irreconcilable differences,” which is often referred to as a “no-fault” divorce. If you tell the court that you and your spouse have irreconcilable differences, which means that you no longer can live together and be married, due to the conflicts in your … read more
New Paternity Maze for Juvenile Dependency Courts & Family Law Courts
About 30 years ago, a law professor told me that things are always changing in the law. He explained that the law has to keep up with changes in society, culture, norms and political views. And as a lawyer defending a client’s rights, we have to be aware of … read more
I client and I learned a valuable lesson today. Different lessons, but both handed down by a very good judge who made a fair ruling against us.
It all started out when a client came to hire me a few weeks ago to represent her at a court hearing. She informed me that all the paperwork for the RFO hearing … read more
A few weeks ago, I interviewed a client. She currently had an attorney, but wanted to make a change. We talked about her case, but she asked me a lot of questions about my trial experience. For example: How many trials had I actually done? How many trials I had I actually won? What did I think about going to … read more
De Facto Motion
Petitions for legal guardianship, both temporary and permanent.
But it should be noted that the filing of these documents is about 40 percent of the work; and not even the most important part. The most important part for this to be successful is the representation you receive at the hearings or mini trials … read more