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Child Custody Child Visitation Family Law Mediation Modification to Family Court Orders Paternity

Appealing a Child Custody Ruling

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Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

Source: eHow, Preparing a Child Custody Appeal, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Visitation Family Law Mediation Paternity

Preparing for Your Sole Child Custody Mediation or Hearing

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One you have file your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so, and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done.  Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

  • A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
  • Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
  • Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own, or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

Source: WikiHow, How to File for Full Custody, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Visitation Family Law

How to File for Sole Child Custody

While most courts favor joint custody, if you feel the parent you share a child with is unfit you can file for sole child custody of your child. Here are the steps to do so.

Work with a Family Law Attorney

The first thing you should do if you are seeking sole child custody is to hire a family law lawyer that works with child custody cases. You’re going to need to prove the other parent is unfit to raise your child by demonstrating evidence of either a history of neglect or abuse, addiction to drugs or alcohol, or other reasons. A family law attorney can help you build your case while also explaining what can and can’t be used as evidence. You will also want a family law attorneys advice on your state’s specific laws regarding child custody.

File Correct Forms

You’ll want to either work with a court clerk or your family law attorney to determine which forms you’ll want to use when petitioning for sole child custody. The type of petition you file is dependent on your specific circumstances. Here are some examples of petitions to file:

  • petition to update existing child custody orders
  • petition to establish custody
  • petition to establish paternity and install custody

Make sure your family law attorney reviews all forms prior to your submission. This will ensure everything is filed correctly and in the way that will ensure the outcome you want. Make a copy for yourself and for the other parent. The court will keep the original.

Get a Mediation or Hearing Date

Once your sole child custody petition is filed, you will get a date for either a mediation session or court date. Both you and the other parent need to be present at this date in order to meet a final agreement regarding the child’s custody.

Source: WikiHow, How to File for Full Custody, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce

Divorce: a Life Changing Financial Event

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For a lot of people divorce will be a life event that will shake up not only their emotions, but also their finances. Though the process can be a difficult one, preparation and planning can help protect you and your future.

Planning Before the Divorce Process

Before you start the divorce process get your finances in order. This means knowing your assets and their values. You’ll also need to identify what is owned separately and what is owned jointly with your spouse. Sort through your financial inventory and be ready to do the following:

  • Develop a budget for before and after the divorce – you’ll need to figure out what your new financial goals will be
  • Compile your bank statements and records – you’ll want to hand this off to your attorney
  • Make sure you have copies of all joint tax returns
  • Check that your taxes are up to date
  • Jointly owned assets should not be given away or transferred at this time
  • Do you have bank safety deposit boxes? You’ll want to check them
  • Don’t make any large purchases – they could get you in trouble down the line
  • Have your attorney review all documents before signing them
  • Consult your attorney before agreeing to any distribution of assets

What Will Divorce Mean for Your Finances?

You might have more wealth after your divorce – and you will need to have a financial plan for it, as well as financial goals. Chart your income and expenses so you have a thorough understanding of what’s coming and going. If there are kids involved you’ll need to figure out if you’ll be able to support yourself and them after a divorce. Will you be receiving child support or will you need to pay it? What is the tax situation for these payments? When do the payments start? Will you be required to seek employment if you do not already have a job?

Debt and Employee Benefits

You will be responsible for debts on any of the assets you keep. Know what this debt is. You should also be aware of the debt your ex-spouse has. Make sure that any accounts that need to be separated truly are, and that your name has been removed. You’ll also need to make sure you understand how life, health, and disability benefits will be impacted. Who will be covering the children’s health care. You might also need to split up retirement accounts and stock options.

There are numerous questions that you will need to answer. Your financial advisor, tax professional, and attorney can walk you through any complex questions you have. Having the right advisors in place will help you get through this emotional life event.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Huffington Post, Sudden Wealth From a Divorce?, August 21, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Family Law

Parenting Plan

Deciding on child visitation rules often means putting together a parenting plan, which will outline each parent’s role in the development of the child, or children, they share. There are a great many things to consider when putting together this plan. Here are a few things:

Considerations for Parenting Plan

  • Put the needs of your child first while putting away your emotions.
  • Put everything in writing. This will help to hold each parent accountable, while also serving as a way to help you remember what was agreed to.
  • Parenting time cannot be restricted or denied, unless a court has decided that a parent has problem with substance abuse or domestic violence.
  • Do not use your child as a pawn to get “info” on the other parent. Remember that being ping-ponged between parents can be an emotional time for a child.
  • Agree to all holiday time and visitation well ahead of time to avoid arguments.

Keep Records

Even though you have come to an agreement regarding your parenting plan, it’s still important to keep records regarding pick up and drop off dates, times, if a parent is late, on time. Recording the “good” times and the “bad” times will paint a fair picture, should you need to prove anything in court. Also, remember to be fair – things will go wrong, on both your side and your co-parent’s.

Working with a Family Law Attorney

Working out a parenting plan can take some negotiating. A family law attorney can help ease any tensions that exist between you and your ex-spouse. A family law attorney will also be able to create a legally binding contract that will hold up in court should you have to go to trial.

 

Source: Divorce Source, 100 Things You Must Know Before Creating a Parenting Plan (otherwise known as a custody and visitation order), 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Domestic Violence Family Law

Safe Ending to Domestic Violence Situation

Children, Sports, and the Increasing Number of Brain Injuries

Four young brothers are now safely in police custody after being at the center of an alleged domestic violence situation.

Rescued and in Police Custody

Four young brothers were rescued after a dramatic hour-long standoff on a San Diego freeway overpass. The boys disappeared along with their parents, Daniel Perez, 43, and Erica Perez, 39, almost a week ago. An Amber Alert was issued following the discovery of a woman’s body in the trunk of the family’s Honda Accord. The woman was dead, and while police are still working to identify the body, it is presumed to be Erica Perez.

Tracking Down Alleged Domestic Violence Abuser

Utilizing Lo-Jack, police officers were able to track down the 2014 four-door Toyota Camry Daniel was driving at the time of his arrest. Police were able to stop the car on the overpass. Shortly after, two of the boys ran from the car towards police officers. Two other boys remained in the car along with Daniel. After a tense standoff involving at least ten police cars and the father of the boys, two specialized SWAT vehicles moved in to surround the car from the front and the back. At that point Daniel emerged from the driver’s side, while the two remaining boys emerged from the passenger side.

Daniel was tackled by police officers after making what appeared to be an attempt to climb over the freeway railing. The two sons that had remained in the car with him were surrounded by police.

Daniel was then taken into custody. All four boys appear to be unharmed and have been taken into custody by police.

History of Domestic Violence

According to family members, Daniel and Erica’s marriage was unstable, and the two had a history of domestic violence.

The four brothers, Jordan, Alex, Jaiden and Tristan Perez, aged 6 to 11, and their parents have been missing since Dec. 5, according to police.

Source: NBC Los Angeles, Boys Rescued After Amber Alert Standoff, December 11, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Domestic Violence Family Law

L.A. TV Reporter Arrested for Domestic Violence

After allegedly throwing a flower pot as his wife, a Los Angeles TV reporter has been arrested and charged with felony domestic violence.

Domestic Violence

Domestic violence is legally defined as: a pattern of coercive and controlling behaviors and tactics that are employed by one person to gain power and control over another person. These behaviors include verbal abuse, financial abuse, emotional, sexual, and physical abuse. A felony domestic violence charge is a domestic violence situation that occurs between either people who are dating, parents and children, same-sex partners, and other residents of the same household. This type of charge is usually filed as the result of assault and battery between two spouses. This charge can also involve other crimes such as rape, sexual assaults, or kidnapping.

The Domestic Violence Attack

Carlos Zapata, 51, allegedly threw a flower pot at his wife during an argument at the couple’s home in Sherman Oaks. According to an LAPD spokesman, the flower pot struck the woman “full force.” Zapata is a reporter with the Spanish-language station KWHY-TV. He sometimes covers crime. According to the biography that used to be posted on KWHY’s website, Zapata is an award-winning journalist having worked in the U.S., Mexico and Puerto Rico.

If Convicted of Felony Domestic Violence

If convicted, he faces 10 years in state prison. He’s being charged with two counts of injuring a spouse, including one that resulted in great bodily damage. Zapata will be arraigned on Dec. 24.

Previous Attack

During his arrest, his wife told authorities of another fight the two had in November. According to her, that fight also ended in an attack.

 

Source: LA Times, TV reporter charged after seriously injuring wife with flower pot: D.A., December 10, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Domestic Violence Family Law High Net-Worth Divorce

Privacy and Divorce

Negotiation versus Litigation in a Slip and Fall Case

When celebrities or high net worth couples divorce, it seems everyone knows, even when every attempt is made to keep it out of the public eye. Knowing that there are spying eyes is the first step in protecting private information.

Divorce in the Public Eye

Divorce can get ugly, it goes without saying. Warring couples can argue about anything. But perhaps the one thing they can agree on is the need to shield any children involved. For high net worth couples, they also seem to agree on the need to keep the family’s name and legacy in good standings.

According to partner and co-chair at Pryor Cashman LLP, Judith L. Poller, “Celebrity clients nearly always arrive at a settlement rather than going to trial. After legal costs, privacy concerns are probably the biggest reason why.”

Gain Control of Divorce

But often a high net worth spouse, in an effort to gain control during the divorce process, will leak any information they have, or authorize other members of their team to leak information on the other parent, according to Stacy D. Phillips, a founder and Managing Principal at Phillips Lerner LLC. In these cases, the children become collateral damage.

“Everyone understands that anything said in court is on the record. Some judges are more inclined than others to compel parties toward settlement by facilitating private backroom discussions. In California, where all filings, except paternity, are open to the public, clients have the ability to hire private judges to hear arguments and make rulings confidentially,” said Phillips. ”Even so, hearings before a private judge are considered public trials and technically anyone can attend, but in reality the press does not. And, all pleadings must still be filed at the public courthouse.”

Going Public

But even when court documents are sealed, it seems private information can still be leaked. “Tort claims often seek damages for wrongdoing not covered by marital law, including allegations of assault or sexually transmitted diseases. Even if unfounded these accusations can be incredibly harmful to business prospects and professional relationships,” said Poller. So, when pursuing your high net worth divorce, you should understand your jurisdictions laws regarding how proceedings and filings are kept private, while also ensuring your team of professionals is doing everything they can to ensure privacy for everyone involved.

Source: Forbes, Protecting Privacy In A Divorce, December 8, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce High Net-Worth Divorce

High Net Worth Divorces

Some divorces, especially if preceded by many years of marriage, involve a large number of assets. In these instances, a divorce is called a high net worth divorce.

Divorce v. High Net Worth Divorce

Just as any other divorce, a high net worth divorce requires the agreement to a settlement. What differs with high net worth divorce is that there is usually much more at stake than couples that have fewer assets. Still, each aspect must be reviewed thoroughly. Things to be considered in any divorce include: Division of assets, division of debts, child custody, child support, and spousal support, otherwise known as “alimony.”

Resolution

A judge always prefers you try to resolve issues through mediation and compromise. But while it’s always best for a couple to come to resolutions together, if they can’t, a judge will be able to make rulings on the various aspects of a divorce. Usually this will require more time, and as a result more money, but often times, especially when there are a great many assets to be settled, going to court is the only way for a couple to reach an agreement. A lawyer will be able to guide you through the divorce process.

Finding a Lawyer that Handles High Net Worth Divorces

If you are facing a high net worth divorce you should seek the immediate assistance of a lawyer experienced with high net worth divorces. Your chosen attorney will begin the divorce process by reviewing your specific financial situation before they determine the best way to proceed. It’s best that you act quickly in finding an attorney, as you don’t want to risk losing your money due to poor decisions, or by making no decisions. A knowledgeable divorce lawyer will help to get you what you’ve earned, and will also try to make the process as easy as possible.

Source: ProDivorce, How Should I Handle a High Net Worth Divorce? 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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