Category: Child Custody

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody case, child custody dispute, paternity, paternity ruling

Child Custody

Beginning a Child Custody Case

Post author By Scott
Post date November 18, 2014

Children, Sports, and the Increasing Number of Brain Injuries

Sometimes people do not choose to file for child custody. If you decide to move forward, there are some necessary steps that are involved. You might also consider hiring a child custody attorney that can represent you in court.

Why File for Child Custody?

This decision is made for a number of reasons including; not wanting to get the courts involved, or there’s an informal agreement that works for both parents, fear of provoking the other parent, or fear that that provocation might result in a more custody or visitation rights being awarded to the other parent. While you might not want to enter into a child custody case, it’s important to remember that if you do, the court can provide you with certain legal rights that will legally ensure your time with your children.

Legal Rights Regarding Child

Getting a child custody order can legally give you the right to make decisions regarding your child, as well as allow you the legal right to have your child live with you. Without a child custody order, you might not legally have the ability to do these things, even if you are the parent that takes care of the child on a daily basis. Filing for child custody is not without risks though. If you decide to file, there’s a chance the other parent will request these rights. At that point it will be up to the judge to decide.

Working with a Child Custody Lawyer

Working with a child custody lawyer might be in your best interest if you decide to pursue a child custody case. A lawyer will be able to help you decide your best course of action based on your situation. Additionally, it’s important to remember that filing for child custody does not necessarily mean you get child support. But a child custody order does not automatically give you child support.

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

Source: WomensLaw.org, California: Custody, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody case

Child Custody Child Support Child Visitation Divorce Family Law

A Victory for Shared Parenting

Post author By Scott
Post date November 14, 2014

Negotiation versus Litigation in a Slip and Fall Case

Shared parenting has fought its battles in family law court where the awarding of a child’s custody to one parent has often been a family law tradition. Such rulings have often left the non-custodial parent with far less time that the custodial parent.

Shared Parenting

Supporters of shared parenting argue that for cases that do not involve allegations of physical abuse, substance abuse, or other issues, both parents should equal time with their children. Convincing state lawmakers of this idea has proven difficult, until now. The National Parents Organization has just released the results of a study that evaluated state custody laws. And when it comes to shared parenting, most of them received D’s.

History of Shared Parenting

According to Dr. Ned Holstein, founder of the National Parents Organization, judges have long relied on decades-old research that dictated what was best for children, rather than more recent studies that have since discredited the theory that children should only be with their mothers.

Linda Nielsen, professor of adolescent and educational psychology at Wake Forest University, has reviewed dozens of studies of child parenting situations. Shared parenting situations often showed lower levels of depression, anxiety, substance abuse, truancy, and other negative behaviors when compared to children who spent most of their time with a custodial parent. Nielsen agrees that judges, lawyers, psychologists, mediators, and others working in family law are often unaware of the current research that’s in support of shared parenting.

Making the Case for “Case-by-Case”

While the case can be made for shared parenting, Linda Scher, a family mediator, feels judges need to have flexibility when determining custody issues in order to make their decisions based on the terms of the case. While shared parenting works well in some situations, Scher feels it might “not necessarily [work] for children who are very young, or for those who need consistency.” And because of this, each case must be determined on a case-by-case basis.

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

Source: USA Today, Report: States fail on shared parenting laws, November 13, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags shared custody, shared parenting

Child Custody Child Support Child Visitation Divorce Family Law Marital Property Division Spousal Support

Collins’ Divorce

Post author By Scott
Post date November 11, 2014

While Stephen Collins’ divorce is scheduled for court on Wednesday, there’s a chance it might not make it to trial.

Ugly Divorce

The actor and his divorce became top news a few months ago when his estranged wife, Faye Grant, taped his confession of molesting young girls decades ago. The two are scheduled to divide their assets after 25 years of marriage.

Divorce attorney Lisa Bloom, has handled some pretty divorce cases herself, but according to her, “This is probably the ugliest case to hit the media.” This is mostly due to the fact that Grant has provided a tape of the couples’ therapy session during which Collins admitted to molesting underage girls.While the audio recording is not admissible as evidence in divorce case, it does turn the spotlight on the case that has been going on for two years.

Determining Division of Assets

While the court will not assign a fault for the divorce, as California is a “no fault” state, the court will look at the martial assets that will need to be divided. “The court wants to find out the pool of assets they’re working with — real property, bank accounts, money coming in from royalties — and generally it’s divided roughly 50-50,” Bloom says. “The court does not want to get into reasons for the divorce; everyone has their reasons, everyone is angry, upset and emotional in divorces.” According to Bloom, “While the tape is not relevant in a California no-fault divorce trial, it may be relevant if the case leads to a settlement, which often happens.”

End of Collins’ Career

Collins has not been charged, but the damage to his career has already been done. He was dropped by his agent and has lost numerous up-coming roles. Grant has said in a recent statement she was not responsible for leaking the audio, and also that the tape has not played a part in the divorce proceedings that have occurred over the past two years. Grant is seeking $13,000 per month in spousal support, as well as half of the couple’s millions in assets which include properties in Brentwood. Collins is hoping to eliminate the spousal support due to the effect the recording has had on his income.

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

Source: USA Today, ‘Ugly’ Stephen Collins divorce trial set to begin, November 11, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce proceedings, divorce settlement, Spousal Support

Child Custody Child Visitation

Child Visitation During the Holidays

Post author By Scott
Post date November 5, 2014

As the holidays quickly approach, it’s important to have your child visitation schedule worked out. Making sure there is a plan in place will help ease the tension of the holidays and ensure you don’t have to constantly negotiate with your ex over which holiday will be spent where.

State’s Recommendations for Child Visitation During Holidays

Each state has its own visitation recommendations for holidays. Still, parents typically rotate major holidays such as Christmas Eve, Christmas Day, New Year’s Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, and Halloween. Usually, a child, or children will spend days such as Mother’s Day and Father’s Day with their respective parents. When visiting out of state parents, or parents that live further away, the scheduled time is adjusted to compensate for any time spent traveling to an from.

Child Visitation During Extended Vacation Time

For extended vacation times, such as Christmas or Hanukkah vacation, or summer breaks, time is typically divided evenly between the parents. So for example, one parent will take the first half, and the other parent will take the second half of the break.

When to Decide on Holiday Child Visitation Plans

Holiday visitation schedules often take precedence over the standard weekly schedule. And sometimes the holidays will disrupt the standard schedule It’s suggested that you plan the holiday schedule early in advance and clearly, as to avoid any confusion. It’s also important to keep a record of the schedule, so any questions or conflicts can be quickly resolved.

Even with a holiday schedule firmly in place, there may still be conflicts that arise. Working with a divorce and child custody attorney can help you handle any holiday visitation issues.

Source: WomansDivorce.com, Holiday Visitation Issues, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags child visitation, child visitation agreement

Child Custody

4 Killed in Child Custody Dispute

Post author By Scott
Post date October 20, 2014

According to police, a Virgina man went on a murderous rampage following a child custody dispute. The man gunned down his ex-girlfriend, their child, and another woman who had been acting as a mediator between the two, before turning the gun on himself in an apparent murder-suicide, said police.

The Child Custody Dispute

According to reports, Traymont B. Burton, 21, shot and killed 19-year-old Adreena D. Gary, who had been trying to act as a mediator between him and his ex-girlfriend, Michelle S. Kelly, 22. He killed Gary outside his ex’s home, then went inside and gunned down Kelly, and the son the share, Keytrell Kelly, 2. He then killed himself. Allegedly, Burton and Kelly were in the midst of a child custody dispute over the custody of their son, Keytrell. Police responded to a “shots fired” call around 8:21 p.m. When they arrived minutes later, they saw the gruesome scene. According to neighbors,it was a chilling scene.

Adreena Gary

According to Adreena Gary’s family, the community college student had been working towards a criminal justice degree and hoped to eventually become a lawyer. She was trying to act as a mediator between Burton and Kelly. According to sister Andrea Gary, “Adreena was a fun, loving, warm-hearted individual who stopped at no end to help those around her.”

“It’s just shocking, and the lady used to keep my kids,” said neighbor Chantell Woolridge. “And the thought in my mind is, what if my kids were there?”

Michelle Kelly

According to Kelly’s sister, Shaheem Simmons, Kelly was a mom who doted on her son. “She was more like my sister. We lived together my whole life as a child. I watched her grow as a woman,” Simmons wrote in a Facebook post. “If you knew her you knew she was sweet, respectful, caring, drama free and a mother — a real mom.”

If you are facing a divorce, or a child custody dispute, you should contact a lawyer that can help legally protect you, as well as put together a case that can help ensure the safety of your family.

Source: New York Daily News, Four dead in Richmond custody dispute turned murder-suicide: cops, October 9, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody dispute

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Pacer’s Star in Middle of Child Custody Dispute

Post author By Scott
Post date October 17, 2014

NBA player Paul George and Daniela Rajic, a former dancer at Tootsie’s Cabaret in Miami are close to finalizing their child custody dispute. According to George’s lawyer, the two are finalizing a “joint parenting, joint decision-making” resolution over their 5-month-old daughter, Olivia.

Paternity Suit and Child Custody Battle

George,24, a forward for the Indiana Pacers, was locked in a nasty custody battle with Rajic, 24, when she brought a paternity suit against him after baby Olivia was born in May. It sounds like that battle is coming to an end. Just this past week, Manhattan Supreme Court Justice Matthew Cooper, the judge presiding over their custody case, joked it was a “love fest” between the two. He was pleased to see that George and Rajic chatting before the hearing began. He went on to say it looked like “two people who understand they’re going to be tied together for a real long time,” Cooper said. Adding, “They will both be participating in their daughter’s life, and that makes me feel extremely gratified. I am very pleased that this case has moved forward the way it has.”

George Hasn’t Met Daughter

George has not yet met his daughter, and in prior hearings Cooper skewered George for dodging the paternity suit. The basketball player had failed to appear at court dates, despite being able easily attend press conferences and traveling. “He has gone to every length imaginable to avoid taking responsibility for his actions,” the judge wrote. George’s new attorney, Harriet N. Cohen, said, “Paul George is looking forward to a very, very wonderful relationship with his daughter.”

Must Finalize Resolution

The parents will not be required to return to court as long as they finalize a resolution. The agreement will also include child support. In May, Rajic filed the paternity suit against George in Manhattan Family Court. George responded with his own filing, in Florida, seeking full custody of their daughter. George claimed shared custody would be “detrimental” to Olivia because Rajic is unemployed. She’s now taken on the roll of a full-time mother, while living with her parents. “I’m happy everything’s resolved and is moving forward. We’ll be wonderful parents,” she beamed.

George broke his right leg during practice with Team USA in August. He is out for recovery.

Source: New York Post, Pacers star’s parenting deal with ex-stripper baby mama, October 17, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody dispute, Child Support, child support payments

Child Custody

A Father’s Child Custody Rights

Post author By Scott
Post date October 8, 2014

If you’re a father facing divorce, there might be a question on your mind: Will my wife be automatically granted child custody rights?

No!

The answer to that question, is “no.” As long as the two of you are married, you have the same legal rights to your children that your wife does. And you will have joint legal custody and joint physical custody of your children unless a court determines otherwise. Just because you are the father does not mean that you automatically lose your right to custody of your children.

What You Can Do to Defend Your Right to Child Custody

But just because you have a legal right, that doesn’t mean you’ll always have a legal right – especially if your wife wants full custody. Here are some things you can do to protect yourself:

Consult an attorney – if this is possible, do so before either party has filed for divorce. An attorney will be able to file a custody petition and an access order and thus protect your rights as a father.
Have your attorney compose a written agreement with your wife’s attorney regarding the children. This should outline where the children will live, visitation schedules, and how child related expenses are to be handled.

Use Your Legal Rights to Child Custody

Men often have a misconception that the Family Court System favors women. But rather, you need to use the court system in a way that helps rather than hinder. Don’t be scared off because of your preconceived ideas regarding family court. Rather, find a way to get involved and stay involved. Proving that you are willing to fight for your custody rights shows that you deserve custody rights.

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

Source: Divorce Support, Can My Wife Take The Children If She Leaves?, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody dispute

Child Custody

Child Custody: A Child’s Best Interest

Post author By Scott
Post date October 7, 2014

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550