Pasadena Divorce Attorney

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Child Custody Child Support Child Visitation Divorce Family Law

Child Custody Decisions

Post author By Scott
Post date December 5, 2014

There are a number of key questions that need to be raised when it comes to child custody rights. There are multiple considerations that need to be made when a court determines a custody ruling. Here are some things you should educate yourself on if you are facing a child custody dispute.

Divorce and Child Custody Decisions

Decisions regarding child custody are usually arrived at through the help of attorneys and mediators or by the court. More specifically, either two parents are able to come to an agreement either through informal settlement negotiations or mediation, or a court (usually a family court judge) needs to decide for them.

Unmarried Parents

Often times custody and visitation rulings can be a more simplified process when a child’s parents are unmarried. This is because the focus can be given to he child custody dispute, rather than being spread across other issues such as division of property and payment of spousal support. In cases with unmarried parents, the family court’s primary consideration is usually identifying the child’s “primary caretaker.”

Non-Parental Child Custody Decisions

Sometimes relatives like grandparents, aunts, uncles, and close family friends wish to obtain custody. Often states label these cases “non-parental” or “third-party” custody, or obtaining “guardianship.” Each state has specific statutes regarding these cases. Working with a licensed attorney in your area will help ensure you follow the rules of your state’s court.

Source: FindLaw, How Child Custody Decisions Are Made, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody battle, child custody case, child custody dispute

Divorce Family Law High Net-Worth Divorce

Divorce Rate Not As Bad As You Think

Post author By Scott
Post date December 4, 2014

There’s a common statistic tossed around when people talk about the divorce rate: “50% of U.S. marriages end in divorce.” But it’s apparently not true.

Divorce Rate Not 50%

A recent piece published by the New York Times’ blog Upshot reports that the divorce rate is not only not at 50%, but it’s not rising either. It’s actually been dropping for the past years, making what was a high divorce rate in the late 1970s and early 1980s perhaps just a “historical anomaly,” and not an actual trend.

Some New Stats

Here are a few more facts the piece uncovers:

Roughly 70% of marriages that married in the 1990s reached their 15th wedding anniversary – this is an increase from the 65% of marriages began in the 1970s and 1980s.

Couples who wed in the 2000s are getting divorced at even lower rates than those marriages that began in the 1990s.

According to economists Betsey Stevenson and Justin Wolfer, the 1970s feminist movement had a big impact on where the divorce rate stands now. As women entered the work force and birth control was made more available, marriage began to turn into its “modern-day form, based on love and shared passions, and often two incomes and shared housekeeping duties.”

People are marrying later in life – they often seek having full careers before “settling down.” Median age for marriage in the 1950s was 23 for men, 20 for women. In 2004, the median age for marriage was 27 for men, 26 for women. Getting married later in life allows people to really know what they want or don’t want out of a mate, thus making marriages more stable once entered into.

Seeking a Divorce

While the divorce rate may be lower than you thought, people still find themselves unhappy in their marriages. The spike seen in the 1970s and 1980s might have also been the result of divorce becoming more socially acceptable. Prior to that, people feared being judged, and thus stayed in unhappy marriages. Luckily, that isn’t the case anymore, and unhappy couples are free to divorce and start new lives. If you’re seeking a divorce, you might want to consider working with a divorce attorney that can help you through what can be a difficult process.

Source: The Huffington Post, The Truth About The Divorce Rate Is Surprisingly Optimistic, December 2, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags divorce rate, divorce statistics

Divorce Family Law Modification to Family Court Orders

Appealing a Divorce Settlement

Post author By Scott
Post date December 3, 2014

Negotiation versus Litigation in a Slip and Fall Case

Either spouse is able to appeal a court’s decision on the divorce judgment – regardless of if the settlement came through settlement agreement or a court. Certain decisions, certain rights, and certain obligations are able to be challenged.

Quick Note

While either spouse is able to appeal a court’s decision to a higher court, it’s unusual for the appeals court to overturn the initial decision.

Appeal a Divorce Settlement

If you disagree with the ruling and decide to appeal it, your lawyer will file a brief containing your legal argument tat the court judge incorrectly applied the law when making his or her decision. The opposing side will file their brief stating the trial judge was correct in making his or her decision. Appeals court is heavily reliant on the “record,” which is a written version of what occurred in the first trial and new evidence is usually not introduced during the appeal. Because of this, the success of appealing depends on what occurred during the trial. After the appeals court makes its decision, you are not able to appeal it further.

It’s important to remember that you cannot appeal an agreement if you agree to it. So if you are in agreement regarding property, child support, etc…and that agreement is approved and then finalized by a judge, you are usually stuck with the terms decided to in that agreement. If you’re still in disagreement with anything in the settlement, you are are able to modify the divorce judgment.

Modifying a Divorce Settlement

After a divorce judgment has been entered, you’re still able to change certain aspects of it including: child custody arrangements, visitation schedules, child support, and alimony (spousal support). This is called a “motion to modify” the divorce judgment. You will usually file this in the same court where the divorce was originally filed and thus where the judgment was issued.

Source: FindLaw, Appeals and Motions to Modify the Divorce Judgment, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags appeal, appealing divorce agreement, divorce agreement, divorce settlement

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High Net Worth Divorce? Some Mistakes to Avoid

Post author By Scott
Post date December 2, 2014

Divorce is difficult for everyone. Coming to the conclusion that you and your spouse are better off apart than together is emotional. This doesn’t change whether you are wealthy, or not. The difference that wealth makes comes when it comes to dividing assets and settling financial agreements. Because of these additional complications, it’s best to get some advice for your high net-worth divorce.

Missteps in High Net-Worth Divorces

Here are some damaging missteps you don’t want to take if you are facing a high net-worth divorce:

Day in Court Assumption

Don’t assume your “Day in Court” will turn out the way you expected. According to divorce financial analyst and CEO of Source Financial Advisors, Michelle M. Smith, “There are options besides court that have a higher probability of getting you what you want and getting you what you want privately. Having your net-worth statement and personal dramas splashed across ‘Page Six’ is not what most clients set forth as goal number one in their divorce.”

“Advice” from Friends and Family

Friends and family always want what’s best for you. So while they’re giving advice, know that it might not always be the best. According to managing partner at Flynn Family Office, Richard J. Flynn, “In our experience working with wealthy divorcees, there are many times they are not inclined to share a lot of information with friends and family, who usually don’t understand the legal and financial implications involved. The goal of the wealthy going through one of the largest personal financial transactions in their lives is not only to surround themselves with emotional support from well meaning family and friends but to also obtain solid and specific divorce-related advice from the best available talent in the field.”

Look at the Whole Financial Picture

Working with a divorce financial specialist can be really helpful. “While financial divorce specialists complement and can never replace divorce lawyers, their role is to – from the start of the process to after the divorce is finalized – ensure the financial well-being of their clients,” says Smith. “For example, they’re often extremely effective in providing the supporting evidence for settlements.”

Source: Forbes, Three Of The Biggest Mistakes The Wealthy Make When Divorcing, June 9, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce advice, High Net-Worth Divorce

Child Custody Child Visitation Divorce Family Law

Child Visitation During the Holidays

Post author By Scott
Post date November 26, 2014

With Thanksgiving tomorrow, and the rest of the holidays just peeking ’round the corner, you might be facing the dilemma that comes with coordinating child visitation during this time of year.

Eliminate the Stress of Holiday Child Visitation Schedules

There’s no reason why coordinating your child visitation schedule should add stress to the holiday season. There are some critical steps that need to be taken to ensure a stress-free custody situation. Before the season kicks off, reflect on which holiday is most important – whether it be Kwanza, Christmas, or Thanksgiving, 4th of July, or Easter. There will have to be some form of give-and-take, but if you can prioritize the holidays for yourself you might find you’re willing to negotiate a little easier. If both you and your co-parent value the same holiday the same amount, you should consider trading off the years. If you live close enough, and it’s not going to cause any drama, you might even want to split the day.

Get the Child Visitation Schedule in Writing Ahead of Time

Like most things with the holidays, managing a child visitation schedule closer to the actual holiday can add to the stress. Your child will also want to know where they are spending which holiday. Putting a plan in place far ahead of time, and putting it in writing will ensure that you aren’t deciding, or negotiating, on child visitation right up until the day before. Keep a record of the schedule, especially if you are trading off years for holidays. Having a plan in writing makes it impossible to forget how the holidays were split up the year prior. That way you can put your energy into actually celebrating the holiday, rather than stressing about who will be where.

Working with a Family Law Attorney

If you’re having trouble working with your co-parent on putting together a child visitation schedule, you might want to consider working with a family law attorney that works with child custody issues. Having a go-between can help ease any tension surrounding negotiations, especially when the negotiations revolve around important family moments like the holiday season.

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

Source: Our Family Wizard, Coordinating child custody during holidays, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody battle, child visitation, Divorce

Child Support

“Dying” to Get Out of Paying Child Support

Post author By Scott
Post date November 25, 2014

Rapper Jakitdown, real name John McCroy, has taken to using death as a reason to not pay child support. Meanwhile, he’s taken to the internet in an attempt to parlay his 15 minutes of fame into cash – though it still won’t go to his child support payments.

“Dying” to Avoid Paying Child Support

McCroy’s daughter was born on New Year’s Eve 2008. A court ordered him to pay $100 monthly in child support in April 2009. But he never did. He was in a car accident in November of that year. And according to him, that’s when he died.

In August 2010 he attempted to buy a car. But in order to get a car loan, he needed to be current on the child support payments. That’s when he made his first, and only $100 payment. In April of 2009, a court ordered him to pay $100 a month in support. He never did, and still hasn’t.

When asked about why he will not pay child support, he said, “I was ineligible to pay it. I was in a hospital and died in a car accident.”

Rise to Fame

Since gaining notoriety for being the deadbeat dad that “died” to get out of paying child support, Jakitdown has been all over social media – advertising his “mix tape” with videos showing the rapper wearing diamond sunglasses and a mink coat, while tooling around town in a new car.

Canience Haynes, the mother of his daughter, is not impressed. “I feel like if he could be out here being flashy that he can take care of our child,” she said.

Felony Charges

Jakitdown faces five charges of felony failure to pay the monthly $100 child support payments. He is fighting the charges with the help of a lawyer (he doest not qualify for a public defender). He petitioned the court, claiming he should not have to pay anything. According to Haynes, McCroy’s petition also claims he’s been permanently disabled since the 2009 car accident. If he loses the trial (set for February) he will face a maximum prison sentence of seven-and-a-half years in prison.

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

Source: CNN Wire, Deadbeat dad who ‘died’ to get out of paying child support claims he’s permanently disabled, November 25, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Support, child support payments, deadbeat dad

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Parental Rights Initiation: The Question of Equal Child Custody

Post author By Scott
Post date November 24, 2014

In North Dakota’s recent 2014 election, there was an interesting voter initiative on the ballot – the “Parental Rights Initiative.” If it had passed (it was defeated 62% to 38%) it would have required courts to award “equal parenting time” to both parents either in the separation process, or divorce. Though the law didn’t pass, it does shine a light on the on-going debate about how child custody cases are decided.

History of Child Custody

The issue of deciding child custody has a long history in the nation. Colonial Americans, following English rule, maintained that a father should retain the custody of his children upon divorce. This was standard practice until the early 20th century, when motherhood and women as “caregivers” became the norm. As divorce became more common during the 1960’s, there was a large shift towards gender equality and the importance of both parents in a child’s upbringing.

Custody Indivisible

Despite the shifts between one parent being favored over the other, one thing remained true: custody was indivisible. One parent would raise the child, while the other parent would have visiting rights. But shared custody has become more socially and legally accepted as parents have started shouldering more equal parenting responsibilities. And rather than relying on judges to determine “in the best interest of the child,” separating and divorcing parents have started to take on the task of creating their own enforcable “parenting plans” for their children.

Parenting Plans

Parenting plans are custody agreements, often put together with the help of a mediator. They are meant to be flexible, but also detailed, outlining each parent’s responsibility in the raising of the child. This idea of coming to an agreement fits more in line with healthy child development. An agreed to plan means the child does not get stuck between warring parents duking it out in damaging litigation. It can create a more harmonious living situation for all involved, and most importantly, for the child who is caught in the middle.

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

Source: The Washington Post, There’s a great way to figure out child custody. Most divorce courts don’t use it., November 14, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child visitation, child visitation rights

Child Custody Domestic Violence

Fatal Child Custody Exchange

Post author By Scott
Post date November 21, 2014

Children, Sports, and the Increasing Number of Brain Injuries

According to Orange County sheriff’s officials, a Mission Viejo man shot and killed his wife during a child-custody exchange. He then shot himself.

Shooting

Deputies found the bodies of Scott E. Gimbell, 50, and Linda Sachs Gimbell, 44, of San Clemente, after responding to reports of shots fired at an apartment complex in the 26800 block of La Alameda in Mission Viejo. The bodies were found lying outside Linda’s vehicle in the parking area of the apartment complex. The Gimbels’ 13-year-old and 7 year-old children were also present during the shooting, but were not injured.

Child Custody Dispute

It’s believed that parents were handing off their daughter and son to one another in a custody exchange when the shooting occurred. Allegedly, the two had separated, and were embroiled in a custody dispute. The incident is being handled as a murder-suicide, according to authorities. Investigators believe Scott shot his wife with a handgun before killing himself. Their 13-year-old daughter called 911.

The Gimbel’s

Both Mr. Gimbel and Mrs. Sachs Gimbel had worked in the financial services industry. Mr. Gimbel founded Citywide bank in 1999. By 2005 Citywide was one of the nation’s largest mortgage brokerage firms. She had worked as a sales manager for Deutsche Bank prior to joining Citywide Mortgage Corporation. Linda’s friend, Jamie Melim wrote on Facebook: “My heart aches at the loss of a beautiful friend. She was smart, amazing and sooo funny! She was tragically taken from this world last night. She left behind two young children and a family that absolutely adored her.”

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

Source: Los Angeles Times, Man fatally shoots wife, then himself during child-custody exchange, November 1, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550