Categories
Child Custody

Child Custody: A Child’s Best Interest

Unfortunately, child custody disputes very rarely come down to being decided in the best interest of the child. A lot of factors weigh in. It’s necessary that you work with a skilled attorney that can present the facts of your case. 

Where Child Custody Gets Nasty

Battles between parents can be scary, but typically children having to deal with warring parents face years of watching conflicts in the form of:

  • Parents yelling at each other;
  • Arguments in public places or at custody exchange places;
  • One parent putting down the other;
  • One parent denying financial support as means of getting back to the other parent;
  • Attempts to get a child to take sides.

Focus on Parents

Often times the courts are more focused on the parents and if they can get along well enough to follow the court orders. Often times the legal battle of it all makes it difficult for a willing parent. It can be especially difficult in cases where one parent has more money than the other, and can thus afford a lawyer that can build a stronger case.

Building a Case for the Child

Many decisions go into the awarding of child custody. And a court will sit down and evaluate the case objectively, with a focus on the facts that are presenting. These facts include: the history of each parent’s relationship with the child, any evidence of abuse or neglect, a detailed understanding of the child’s health, safety, education, and general welfare. A court will also take a look at the current status quo arrangement. From this outsiders perspective, a judge will be able to rule based on the child’s best interest. 

 

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

Source: Social Work Helper, Intense Child Custody Disputes are Rarely About the Best Interests of the Child, October 3, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Paternity

Updated Paternity Test

DNA Diagnostics Center (DDC) has announced the launch of a new Paternity Test Kit that will be available for sale in national retail stores. 

The Paternity Test

The world’s largest DNA Paternity Testing Company, DDC, has created a user-friendly package that provides not only clear cut information to consumers, but also the results of the test for only an $89 lab fee, thus allowing the company to expand their nationwide consumer reach. The DDC will test all DNA samples twice, and return results within 2 business days. A 1 day option is available. The average Power of Exclusion is greater than 99.9999%. 

Online Registration

DDC will also allow customers to register online without having to complete a paper form – thus catering to consumers who need information, and are used to receiving information an an accelerate pace. Through the online registration, consumers are able to choose their preferred method of reception for the test results – with via text or email as options. 

Tested Twice

Chief Science Officer of DDC, Dr. Michael Baird is considered to be the country’s foremost expert in DNA and paternity testing. He proclaims the “DDC provides the only home paternity test in the US market that is always tested twice, and a serious tool that could change the dynamic of the customer’s family forever.” 

David Silver, Vice President of Marketing at DDC says, “We are thrilled to expand our sales outreach and have forged business relationships with online and traditional store retailers. We take pride in offering a convenient and private paternity test which includes many useful features like online registration and status updates for mobile phone users. Our customers want their information quickly and DDC will do everything we can to meet their needs.”

Court Consideration

For consumers who need their test to be recognized in court, Silver adds that “once the consumer purchases the kit, DDC will offer a special price consideration for customers to upgrade to a legal, court-admissible paternity test.”

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

Source: News-medical, DNA Diagnostics Center launches new Paternity Test Kit, September 30, 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

Will You “Pass the Peace” to End Domestic Violence?

Russell Wilson has launched a charity foundation that will aim to take on worthy causes, such as raising money in support of victims of domestic violence.

‘Why Not You’ Foundation

The quarterback for the Seattle Seahawks has founded the ‘Why Not You’ Foundation, a charity foundation that will take on various causes. In light of the allegations of domestic violence running rampant through the NFL, he foundation has chosen to focus on the hot-button topic via a viral video campaign.

“Pass the Peace”

During the video, Wilson nominates Derek Jeter and Justin Timberlake to “Pass the Peace” by donating $2 to the National Domestic Violence Hotline as well as nominate two friends to encourage spreading the word. A similar campaign, the “Ice Bucket Challenge” was recently highly successful in spreading the word about ALS.

Directly Addressing Domestic Violence

Wilson wrote an op-ed piece for the newly launched “Players Tribune,” a publishing platform of Derek Jeter’s. In it he directly addresses the issue of domestic violence in the NFL, writing that he was a bully growing up until realizing the error of his ways. Wilson, the site’s first Senior Editor.

“As NFL players, we do not play a gentle game. But our hits, our anger, our aggressive behaviors need to be regulated and confined to the field. Recent incidents of domestic violence have forced The League, its fans and the players to take a hard look into our collective conscience. To be honest, many NFL players are reluctant to address such a sensitive issue. How do you fix a problem so big and complex? How do you speak about something so damaging and painful to families?”

The launch of this campaign coincides with the start of Domestic Violence Awareness Month.

 

 

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

Source: Time.com, NFL Player Launches Viral Campaign to Support Domestic Abuse Survivors, October 2, 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

Mayor’s Wife: Victim of Domestic Violence

Wife and alleged shooter of slain suburban Los Angeles major was, according to her lawyer, a victim of domestic violence.

The Shooting

According to Los Angeles County sheriff’s officials, Bell Gardens Mayor Daniel Crespo, was fatally shot in his home earlier this week by his wife, Levette Crespo. The shooting occurred following a physical altercation between the mayor and the couple’s 19-year-old son, Daniel. Authorities believe the mayor and his wife were fighting and Daniel tired to intervene, thus creating a struggle between father and son. According to sheriff’s Deputy Crystal Hernandez, his mother then got a gun and opened fire. The 45-year-old mayor was pronounced dead at the hospital.

Domestic Violence

Levette’s attorney, Eber Bayona gave no further details of how domestic violence played a role in the incident. “I think the evidence will corroborate that she has been a victim of domestic violence for many years,” Bayona said.

Levette Crespo has been cooperative with authorities since the incident. An arrest was not made, and no criminal charges have been filed thus far. She was released after questioning. According to Sheriff’s spokeswoman Nicole Nishida there were no prior incidents of domestic violence reported from the home.

The Family

According to the Bell Garden’s website the Crespos were high school sweethearts who married as teenagers in 1986. They also share a grown daughter.

Neighbors had only positive things to say about the family. “He was such an awesome person. He was forever walking around, talking with people, house to house,” said neighbor, retiree Florence Chavez.

According to Bayona, looks may be deceiving. “In this case there may be an opportunity to learn about the difficult and intolerable home life for this family,” he said.

Claudia Osuna, the lawyer representing the Crespos’ two adult children, said her clients are standing by their mother. She stated that the son was also a victim of domestic violence.

 

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

Source: ABC News, Lawyer: Wife of Mayor Was Domestic Violence Victim, October 2, 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

Gloria Steinem Speaks to Domestic Violence

Domestic violence has become a hot-button topic in headlines as of late. And now Gloria Steinem, feminist, journalist, and social and political activist is having her say about domestic violence. Steinem recently executive produced HBO’s documentary, “Private Violence.” The tagline of the documentary is: “It’s not always easy to just leave.”

“Private Violence”

“Private Violence” follows the stories of two domestic abuse survivors. Deanna Walters is a single mom, and domestic abuse victim, who is attempting to get the courts to prosecute her estranged husband for his brutality. Kit Gruelle is an advocate of for victims of intimate partner violence. The two women’s stories weave together to show just how rocky the road is for the women and men attempting to gain justice against their domestic abuse. “When I was growing up in Toledo, there was no such crime as domestic violence,” said Steinem. “It was called life.”

“…deepest form of violence…”

“It’s very important that we understand how justified, concealed [and] rationalized this deepest form of violence truly is,” Steinem said to an audience filled with press and domestic violence activists. “We’re not going to have a peaceful and democratic society until we have peaceful and democratic families.”

The Why

Steinem spoke to the “why” that lies behind the intimate violence often perpetrated by men. “[It] is about controlling reproduction. If women didn’t have wombs, we’d be fine,” she said. “Men get born into this culture that urges them to commit what I think of as ‘supremacy crimes.’ They don’t have any other motivation — it is all about getting obsessed with and addicted to supremacy.” She went on to say “We have the power of social disapproval,” said Steinem. “We have the power of noticing, of seeing, of supporting, of protecting.” After the screening ended Steinem asked, “Are there questions? “Or answers? We could also use answers.”

 

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

Source: The Huffington Post, Gloria Steinem Speaks Out About Domestic Violence At A Screening Of HBO Documentary ‘Private Violence’, September 30, 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

Linking Domestic Violence to Brain Injuries

A recent autopsy of Jovan Belcher might prove there’s a link between domestic violence and traumatic brain injury.

The 25-year-old Belcher, linebacker for the Kansas City chiefs killed himself after fatally shooting his girlfriend roughly a year ago. This recent autopsy revealed Belcher had signs of chronic traumatic encephalopathy (CTE) – a degenerative brain disease often found in athletes that have a history of repetitive brain injuries.

Domestic Violence

On Dec. 1, 2012 Belcher shot and killed his girlfriend, 22-year-old Kasandra Perkins, in the couple’s home. His mother was caring for the couple’s baby daughter in a room nearby. Belcher then drove to the Chief’s training facility where he then shot himself in front of Scott Pioli and Romeo Crennel – then-general manager and then-coach of the Chief’s.

Autopsy Linked to Domestic Violence

At the request of lawyers representing Zoey Belcher, daughter of Jovan Belcher and Kasandra Perkins, the autopsy was performed last December. Attorneys received the results in February, and just released them recently to the media in light of all the recent ties between the NFL and domestic violence. The autopsy results showed that “The microscopic findings of neurofibrillary tangles in young person [Belcher] are fully consistent with the pathological presentation of Chronic Traumatic Encephalopathy [CTE] as it is reported in the available medical literature.” Signs of CTE were also found in Junior Seau and Dave Duerson, former NFL players who both committed suicide.

Autopsy Results Released as More NFL Ties with Domestic Violence 

“In the past month five different NFL players implicated in horrendous episodes in domestic violence,” said Dirk Vandever, one of the attorneys representing plaintiffs who have filed lawsuits against the Chiefs. “The Chiefs knew he and his significant other were having major domestic violence issues and he had a major concussion two weeks before this happened,” said Ken McClain, another attorney representing plaintiffs filing lawsuits against the Chiefs.

 

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

Source: The Huffington Post, Autopsy Of Chiefs’ Jovan Belcher One Year After Murder-Suicide Finds Signs Of Brain Disease CTE, September 29, 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 Spousal Support

Determining “Standard of Living” in Spousal Support Decisions

When it comes to spousal support after a divorce, there’s a little known factor that California law supports. Courts are required to set spousal support awards that are based on the standard of living that was established during the time of the marriage. But the problem is – how does a court decide what the marital standard of living was? 

Defining “Standard of Living”

The “marital standard of living” is meant to be a general description of the status in financial living that the spouses had achieved prior to filing for divorce or legal separation. This determination of this can be tricky due to the fact that sometimes couples live beyond their means. In those cases, it’s easy for a trial court to base its spousal support award on the parties’  income rather than expenditures. This can also be hard to judge if one party worked excessive hours to achieve the amount of money to sustain that standard of living. But a focus on expenditures can also lead to low measure of standard of living if a couple decides to live modestly.

What a Court Looks At

Since there are so many ways to “break down” the numbers in terms of income versus expenditures, a court must take many different things into account when they are looking for a true marital standard of living. Here are a few examples of those factors:

  • Family, vacation homes, residences acquired during marriage
  • Any sources of unearned income
  • Automobiles, boats, airplanes, and other vehicles purchased during marriage
  • Did/do the children attend public or private school?
  • Pension, profit sharing, retirement, bonuses, stock plans, and other employment benefits as well as stocks, bonds, and investment accounts
  • Social activities
  • Personal property such as furniture, collectibles, antiques, jewelry, and other valuable items
  • Charitable donations and contributions
  • Inheritances or gifts received before, during, and after marriage
  • Debts and outstanding loans

Decisions

Once a court is able to weigh all thee variables, they will be able to render a truer judgement regarding spousal support.

 

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

Source: CEB, Keeping to the Style in Which They Have Become Accustomed, December 12, 2011

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Support Move Aways (Child Relocation) Spousal Support

Judge Allows Child Relocation to Sweden

A Nevada Clark County Family Court judge, and the Nevada Supreme Court have allowed a woman to relocate herself and her two young daughters to Sweden.

Original Ruling Upheld

Just a year after Shane and Cecilia Peterson’s divorce, Judge William Gonzalez granted Cecilia to move the two girls the couple share to her birthplace, Sweden. They left just two days before Christmas. Shane appealed the decision to Nevada’s higher court. But the Nevada Supreme Court’s recent ruling affirms Judge Gonzalez’s decision of primary custody and to let the children and mother relocate out of the country.

Hopes of Breaking New Legal Ground

Shane’s lawyer, Bruce Shapiro, hoped to make new law with the case, by making it more difficult for parents with Nevada custody cases to relocate out of the country with their children. Shapiro argued that international moves require additional safeguards and considerations. Shane’s appeal brief stated,“International relocation so fundamentally alters the parent-child relation­ship that the courts must discard any standard that favors the relocating parent and focus solely upon the best interests of the children.”

Sweden Better for Employment and Quality of Life

Cecilia Peterson’s lawyers argued the relocation “was prompted by her struggles with being employed in the United States.” Her lawyers wrote that, “Cecilia was able to show that the move is likely to improve the quality of life for the children and herself.” The Petersons were married in Sweded, and their oldest daughter was born there.The youngest daughter was born in Las Vegas.

Shane Peterson now lives in Henderson. He pays $1,452 a month in child support, and $375 a month in spousal support. He has not decided if he will appeal further. His daughters visited over the summer.

 

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

Source: Las Vegas Review Journal, Nevada Supreme Court OKs mom moving kids to Sweden, September 17, 2013

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

Sarah Hyland’s Domestic Violence Experience

Sarah Hyland, star of TV’s “Modern Family” has filed a temporary restraining order against ex-boyfriend Matt Porkop for allegations of domestic violence. The two had dated for five years prior to their split in August.

Domestic Violence

Hyland alleges her 24-year-old ex choked her, pushed her, and threatened her life. She also claims her “Modern Family” co-star and mom on the show, Julie Bowen, was witness to the abuse. According to court documents, Pokop pinned Hyland, 23, against a car, yelled “c–t, c–t, c–t” and choked her during an argument over her wardrobe last May.

In the documents, Hyland explains, “His grip was so tight that I could not breathe or speak. I was scared and in fear for my life.”  As a result of the assault, she reportedly suffered injuries to her voice and also had a “very sore throat following this event.”

 

Attempt to End the Relationship

Hyland also alleges she asked Bowen to come to her house in order to aid Hyland in “peacefully end[ing] the relationship.” Allegedly, Hyland purchased a plane ticket for Prokop to return to his hometown in Texas. Prokop allegedly freaked out and “ran outside into the backyard and began screaming,” when he arrived at Hyland’s home and saw Bowen, among others.  According to Hyland, Prokop threw a lighter at her. At that point Bowen stepped in and told Hyland to get out of the house to safety.  “[He] relentlessly bombarded me with vile, threatening and emotionally disturbing texts and voice mails including his own suicide threats,” Hyland explained.

Release from Rehab

According to Hyland, in August Prokop entered a rehab facility. But he was just recently released on Sept. 21. After being contacted by a director at the rehab center, an L.A. judge granted Hyland a temporary restraining order against Prokop. The director of the rehab center felt it would be best for Hyland to seek a restraining order due to   Prokop’s mental state and attitude toward the actress. “On Sept. 19, 2014, Ms. Hyland obtained a Domestic Violence Temporary Restraining Order against Matthew Prokop,” said Hyland’s lawyer Lee A. Sherman of CTSC Law. “The documents filed speak for themselves. Out of respect for the court, the process and all parties, I have advised Ms. Hyland not to comment on the matter. We request that you respect the parties’ privacy during this time.”

 

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

Source: The Huffington Post, Sarah Hyland Gets Restraining Order Against Ex Matt Prokop Following Assault Allegations, September 23, 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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