What is Community Property Under California Law?

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

How Do I Modify My Child Support Order in California?

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

Are Prenuptial Agreements Enforceable in my California Divorce?

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

Grounds for Divorce in the State of California

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

Does your child have more than 2 parents?

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

A client reminded me how to hire a lawyer

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

The key things that the foster parent must file are:

De Facto Motion

388 petition

827 petition

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

Foster Parents Rights

Foster Parents Rights

Foster Parents may have certain rights in the relationship, custody and visitation of a foster child. They may not have the same rights that a parent has, or a relative. But they do indeed have rights. Many times I’m confronted with foster parents who have been told by a county social worker that they do not have read more