Category: Child Custody

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Divorce

Child Custody Child Visitation Divorce Family Law

Parental Gatekeeping in Child Custody Cases

Post author By Scott
Post date August 15, 2014

“Parental Gatekeeping” might not be an everyday word for intact families, but it does impact and come into play fairly often in child custody cases.

What is “Parental Gatekeeping”?

Parental Gatekeeping is the act of facilitating and/or restricting the relationship one parent has with a child. When a parent is restrictive with parental gatekeeping they often place limitations on communication or access to the child. This is often done for the child’s protection in cases where there has been physical abuse, neglect, or substance abuse.

Unreasonable Gatekeeping

Gatekeeping can also be done for unreasonable reasons – as an attempt to harm the relationship between a child and the second parent. This can be done in all forms – verbally attacking the other parent, restricts communication between the parent and child, or restricts the time the parent is allowed with the child, or purposefully tries to destroy the relationship the child has with the other parent. When this is done, a certain question arises – is the parent doing the gatekeeping just as dangerous as the other parent? And if this is the case, should that parent also lose custody rights? This can get tricky when it comes to child custody law – especially since states like California do not have specific family codes that punish this type of gatekeeping.

California Law

Parenting time, lack of co-parenting, as well as false allegations surrounding parental care all play into custody cases. But oftentimes judges do not take all of this into consideration in equal ways. The undefined nature of “parental gatekeeping” needs to be taken into further consideration. In litigious divorce and child custody cases it can be difficult for a judge to get a full vision of the child’s life. A court will always rule in the best interest of the child, and will base its decision on numerous factors.

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

Source: Huffington Post, Are Child Custody Laws That Treat Parental Gatekeeping Like Child Abuse Long Overdue?, August 12, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Divorce, Parental Gatekeeping

Child Custody Child Support Divorce Family Law Spousal Support

Duchovny and Leoni Divorce

Post author By Scott
Post date August 11, 2014

When You Might Consider a Lawyer for Personal Injury Claims

David Duchovny and Tea Leoni look to be getting a divorce after 17 years of marriage. After months of being legally separated, Duchovny, 54, filed for divorce from estranged wife Leoni, 48, in June.

Irretrievable Breakdown

Divorce papers filed by the “Californication” actor cite an “irretrievable breakdown” as the cause of the split. An “irretrievable breakdown,” also known as “irreconcilable differences” means that in the view of the courts, the marriage is over, there’s no way it can be fixed, and the spouses are not interested in making it work. In most states an irretrievable breakdown means a spouse can get a “no-fault” divorce, meaning that any wrong doing by one spouse or the other spouse does not matter, and neither spouse is to blame for the failure of the marriage. If you and your spouse agree the marriage is irretrievably broken, you can both sign an affidavit, under oath, that states the marriage is broken and why it’s broken. A family law attorney will be able to advise you on your divorce rights, as laws vary from state to state.

Settlement Reached Independently

Allegedly, the couple worked out their own terms of the divorce settlement on their own, coming to their own agreements regarding spousal support and child support. The stars both currently reside in the New York City. Reportedly they will share joint legal custody of their daughter, Madelaine West, 15, and son Kyd Miller, 12. Leoni will have primary physical custody and Duchovny will pay $40,000 in spousal support, as well as $8,333 monthly in child support. Reportedly, he will also be responsible for all other expenses related to the children, including: summer camps, private schools, and colleges.

Past Troubles

Duchovny and Leoni wed in 1997. They split in 2008 while the former “X-Files” star underwent sex addiction treatment. They reconciled shortly after, but later separated a second time in 2011.

For advice on family law and all it’s aspects, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: People, David Duchovny and Téa Leoni Are Divorcing, August 9, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Support, Divorce, irreconcilable differences, irretrievable breakdown, Spousal Support

Child Custody Child Support Divorce Family Law

An Overview of Family Law

Post author By Scott
Post date July 20, 2014

Because the title of “family law” covers a broad range of topics relating to marriage and children, it can be confusing as to what exactly falls under the definition of “family law.” Here’s a brief overview of what falls under the “family law” umbrella.

What’s Covered by Family Law?

Family law includes divorces, annulments, child custody and visitation rights, spousal support, alimony, and child support payments. But it also covers adoptions, matters of guardianship, state child protection, domestic violence, and restraining orders. A family law attorney will be able to advise you on any questions you might have surrounding these topics, but the following has a brief overview of specific topics

Divorce and Annulment

Both a “divorce” and an “annulment” will dissolve your marriage. An annulment specifically will, through the courts, be treated as if it never happened. Certain grounds must be met for dissolution of marriage to be ruled as an “annulment.” Because of this, most dissolutions are done as divorces.

Child Related Issues

The court deciding on child custody and visitation rights always decide on the bases of what’s in the best interest of the child. A family law attorney will be able to help you build your case and will help defend you. With this you might be asked to pay, or be paid child support. This is an amount of money, that has been decided by the courts, that a parent must pay to the spouse who is granted primary custody. This money is meant to go towards food and clothing, medical care, and education for the child.

Spousal Support and Alimony

Spousal support, often called “alimony,” are regular payments made from one spouse to another during separation or after a divorce is finalized. The goal is to eventually help the spouse achieve financial independence wherever possible.

If you feel you have a legal matter that falls under the definition of family law, you’ll want to contact a family law attorney that can help you figure out the exact next steps to take.

For advice on family law and all it’s aspects, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Legal Match, What is Family Law? Typical Family Law Questions, June 11, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550