Category: Child Custody

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Tags celebrity divorce, Child Custody, co-parenting, Divorce, Hilary Duff

Child Custody Child Visitation Divorce Family Law

What Type of Child Custody Should I Seek?

Post author By Scott
Post date March 3, 2015

Children, Sports, and the Increasing Number of Brain Injuries

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parented that has been deemed unfit, a court will usually award sole physical custody to one parent. It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parents has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including: education, religion, and medical care or legal issues.

Joint Custody

Joint custody is abel to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including: joint legal custody, joint physical custody, or joint legal and physical custody. Usually if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Working with a Child Custody Attorney

If you are facing a child custody dispute, you should contact a child custody attorney. Because there are a lot of rules surrounding child custody and there are a lot of aspects that factor into child custody decisions, working with a child custody attorney can help you through the process.

Source: Nolo, Types of Child Custody, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, joint custody, legal custody, physical custody, sole custody

Child Custody Divorce Spousal Support

Update: Griffin Divorce

Post author By Scott
Post date February 23, 2015

It seems hedge fun billionaire Ken Griffin’s divorce will never be settled. As more is revealed about the couple’s spending habits, it seems new arguments are rising about spousal support v. child support.

Child Support v. Spousal Support

Last month, it came out that the family spent $1 million per month on their three kids, including: $300,000 a month for intercontinental private-jet travel, $160,000 a month for vacation rentals and $60,000 a month for office space and professional staff. New revelations about the couple’s spending have just been released that detail how this $1 million per month breaks down. And according to these recently released documents, Grffin is arguing that his ex-wife, Anne Dias, has listed expenses as “child support,” even though they should clearly be listed as spousal support, since they go towards maintaining her “lifestyle.”

Breakdown of Expenses

The expenses include, per month: $6,800 for groceries, $7,200 for restaurant meals, $8,000 for gifts, and $2,000 for stationery. Griffin is claiming his ex-wife also sought $450,000 for a 10-day vacation in St. Bart’s. He agreed to $45,000 for the vacation.

Maintaining Lifestyle Prior to Divorce

Though Dias’ lawyers are not disputing the expenses, they do argue that per Illinois law, Griffin is required to fund the children’s lifestyle to maintain the lifestyle the children maintained during their parents’ marriage. They argue that the expenses simply match those of when the couple was married.

Prenuptial Agreement

Dias is also seeking to nullify the prenuptial agreement, while also making claims that Griffin is failing to pay adequate child support for their three kids. The three children are all under age 10.

Griffin maintains he is paying “virtually every expense” related to the children. These expenses include the children’s four nannies. He’s arguing that the paid expenses are solely for Dias’ benefit. These expenses include: a private chef, multiple house cleaners, and a house manager/personal assistant. According to Griffin, Dias is attempting to fund her lifestyle by claiming that her personal expenses should be a portion of child support.

Source: NBC News, $450,000 for a Vacation? Inside a Billionaire’s Divorce, February 23, 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, griffin divorce

Child Custody Child Support Child Visitation Divorce Family Law

Singer Michelle Branch Files for Divorce

Post author By Scott
Post date February 19, 2015

After more than a decade of marriage, Michelle Branch has filed for divorce from her husband.

Files for Divorce

Citing irreconcilable differences, the “Everywhere” singer filed for divorce from Divorce Law LAdy Landau on Feb 9., 2015 Branch, 31, and Landau, 50, separated in January 2014. In California, which is a no fault state, neither spouse is found to be “at fault” for the dissolution of marriage. Citing “irreconcilable differences” allows you a “reason” for divorce.

The two were married in May 2004 in Mexico. Landau was her former bassist.

Rocky Start

“My relationship had a very rocky start,” Branch said of Landau in 2006. “My parents hated the idea – and now love him. My dad never wanted me to be with a musician. I mean, how unrealistic is that? I’m not going to fall for an accountant! And when he found out he was closer in age to my husband than I was, he got very nervous.”

Child and Joint Custody

The singer and former bassist have one child, Owen Isabelle, 9. They are seeking joint custody, which allows both parents rights to the child.

Working with a skilled attorney can help ensure you get a fair case. For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: People.com, Michelle Branch Files for Divorce, February 18, 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, irreconcilable differences

Child Custody Child Support Child Visitation Divorce Family Law Move Aways (Child Relocation)

Advice on Co-Parenting

Post author By Scott
Post date February 18, 2015

You’ve just gone through a divorce and have now entered the world of single-ness and co-parenting. It’s new territory, and can be hard to navigate. Here’s some tips from experienced co-parenters.

Co-Parenting Advice

Here’s some advice from co-parenters that have been there before:

“Remember this: Genetically, your kids are 50% your ex. Every negative thing you say about him or her, you’re saying about the kids, too.”
“Get a therapist for the kids during the divorce, not after. We did so and my kids really benefitted from having someone removed from the situation to talk to about their feelings. She encouraged them to open up and helped us sidestep a lot of serious issues.”
“Understand that some situations don’t lend themselves to co-parenting. Consider alternatives like parallel parenting. Just because you’re divorced doesn’t mean that your spouse has changed.”
“Be empathetic about the grief they are experiencing. Encourage them to talk and don’t judge their feelings.”
“Try your hardest to co-parent. Be there for your ex so you two can support your kids as a team. It’s no longer about the adults so put any animosity aside and do what is in the best interest of your children.”
“If you’re allowing the kids to choose who they live with, don’t make them feel guilty about their choice.”

Co-Parenting #1

The most important thing you can do is remember to put your child’s needs first. If you keep the focus on them you’ll be able to avoid getting into emotional ruts with your co-parent. Focusing on your child’s needs will ensure that they always get what’s best for them.

Working with a skilled attorney can help ensure you get a fair case. For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Huffington Post, The 18 Best Things You Can Do For Your Kids After Divorce, February 17, 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags co-parenting, co-parenting advice, Divorce

Child Custody Child Support Divorce Domestic Violence

Georgia Man Snaps After Child Custody Issues

Post author By Scott
Post date February 17, 2015

New information has been revealed about Cedric Prather Jr., the man who recently snapped a killed four people. The couple’s past was filled with child custody and domestic violence issues.

According to Prather’s sister, the man’s three children were his whole life. When he lost his job as a truck driver, the pressure to try and make ends meet in order to support them caused him to snap and kill his ex-wife, her boyfriend, and two of Prather’s own children.

The Shooting

Just after 3 p.m. on February 14, 2015, Prather walked into the home of ex-wife, Latoya A. Andrews. He then gunned her down, along with her boyfriend, Joseph Terry Brown, and two of his own children: 7-year-old daughter, London and 9-year-old son, Jeremiah. He also critically wounded Andrews’ 15-year-old daughter, Demeshia Owens, and Brown’s 7-year-old daughter, Jada Brown. He then killed himself in the street outside the home.

“His children were his life,” said Prather’s sister Jerdonna Sawyer. “He wasn’t crazy at all. He just chose a terrible way to deal with his pressure and his stress.”

According to Sheriff’s Capt. Bruce Ferguson Prather left no note to explain his actions.

“I can’t tell you why he did it,” Ferguson said. “All I can do is to say he snapped or he had enough is what we’ve concluded in our investigation.”

Divorce

Prather and Andrews divorced in 2006. Court records indicate that the two went back and forth over child-custody. And about a year and a half ago Andrews sought a protective order against Prather, alleging that Prather had forced his way into her locked home and then pinned her down on the stairs and sexually assaulted her. There are no court records that indicate if criminal charges had been filed. A judge ordered Prather to stay away from Andrews and her home. Any meetings to exchange the children were to be done in the Douglasville Police Department parking lot. The protective order expired October 9, 2014.

Past-Due Child Support

State officials claim that in December 2013, Prather owed $31,800 in past-due child support. But in May 2014, Andrews and him reached a child custody agreement that allowed the children to spend half their time with their father. A few months after that, the court issued a final order for Prather to pay $437 a month for child support as well as pay a past-due sum that was to be determined.

According to Sawyer, Prather felt an enormous amount of stress when he recently lost his job as a truck driver and could not help provide for his children.

“We’re all hurting,” said Sawyer. “We’ve all had a great loss.”

Working with a skilled attorney can help ensure you get a fair case. For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ABC News, Georgia Man Who Shot Ex, Kids Had Fought Over Child Custody, February 9, 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Divorce, Domestic Violence

Child Custody Child Support Divorce Domestic Violence Spousal Support

Terrell Suggs Faces Divorce

Post author By Scott
Post date February 13, 2015

After allegations of infidelity, and previous incidences of alleged domestic violence, Terrell Suggs’ wife has filed for divorce.

Divorce and Child Custody

Candance Suggs (nee Williams) and the Baltimore Ravens linebacker have been married for two years. The couple shares two children, ages 6 and 7. Candance is seeking full child custody and alimony, as was documented in the divorce papers she filed last December. The petition states, the “Defendant has committed adultery during the marriage and the Plaintiff has not forgiven, or condoned the adulterous conduct.”

Terrell is denying the accusations of infidelity, claiming he remained faithful to his wife until they separated a year ago.

“The allegations she makes concerning Mr. Suggs occurred well after they separated,” said Terrel’s attorney Thomas C. Ries. “They were no longer in love and they no longer wanted to be married to one another.”

Domestic Violence Claims

Candance has previously filed for numerous protective orders in the past. Before the two were married, she claimed that Terrell had thrown bleach on her and her son during an argument. The couple reconciled and the protective order was lifted. But just a few years later, she filed another protective order when Terrell punched her in the neck and then dragged her along behind his car a he drove away with their two children. At that time Terrell was ordered to turn over seven guns to the police. The two reconciled, the order was lifted, and they were married less than a month later.

Divorce

Terrell Suggs filed his divorce response recently, asking for joint custody of the children. The two signed a prenuptial agreement, though the terms are being withheld.

Working with a skilled attorney can help ensure you get a fair case. For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Baltimore Sun, Terrell Suggs’ wife files for divorce, accuses him of infidelity, February 13, 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Divorce, Domestic Violence, infidelity, Spousal Support

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

Divorce: Know What You’re Getting Into

Post author By Scott
Post date February 10, 2015

Even the “simplest” of divorces can equal a big hit to your wallet. It’s important to know what you’re facing in terms of finances when you face divorce.

A “Simple Divorce” Example

Jennifer Zoschak, partner at a family law firm, handled the divorce of a couple that had been married for over 20 years. The wife earned 40 percent less than the husband. Because of this Zoschak knew alimony (spousal support) would most likely be a portion of any divorce settlement.

It was assumed that the divorce would be fairly straight-forward. But a year later the husband was still against paying any form of alimony. The case had to go to trial. The judge ultimately granted permanent alimony. And at the end of it, this “simple divorce” wound up costing $300,000 in legal fees.

Couples Have Power to Keep Divorce Fees Low

It’s easy to blame lawyers and the law system for high fees. But it’s also important to remember that you have way more control than you think. “The cost of a divorce is entirely based on how reasonable, fair and honest the couple is with each other,” said Zoschak. “If they can communicate calmly, not lie about assets or income and not fight about inconsequential minor things, I can do a divorce for $1,500 and have it finalized in a matter of weeks.” Remain calm, be willing to negotiate, be prepared, and you too can have a lower costing divorce. Here’s how!

Keeping Your Legal Bills Low

There are a number of tips you can take to reign in your divorce before it spins out of financial control:

Don’t fight over minor parenting issues. This means don’t argue over exact drop-off and pick-up times, days spent with you, etc… Be willing to negotiate and…
Be flexible.
Your lawyer is not your therapist. Attorneys work on an hourly rate. You’re paying them to handle issues related to property, finances, and your children. You’re not paying them to listen to your grievances.
Be prepared. Going into your divorce you should have: detailed financial statement listing sources of income, assets, and living expenses. You should also have a credit report.
Focus on the facts. If you stick to the facts and keep the emotions out of the way you will be able to get to the root of negotiations without spending time arguing.

Working with a Divorce Attorney

The most important thing to do if you are facing what could be a litigious divorce is work with a divorce attorney. And even more important is that you find a divorce attorney you feel comfortable with. A divorce attorney will be able to walk you through all aspects of a divorce including: alimony, marital property division, and child support.

Working with a skilled attorney can help ensure you get a fair case. For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: CNBC, Getting divorced without breaking the bank, February 9, 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags child custody marital property division, Divorce, divorce lawyer, divorce planning, financial planning

Child Custody

Joint Child Custody Arrangements

Post author By Scott
Post date February 6, 2015

There are various situations that fall under the umbrella of “joint child custody.” Below you’ll find more information on the types of arrangements, as well as advantages and disadvantages of those arrangements.

What is “Joint Child Custody”?

“Joint Child Custody” means that parents who do not live together still share decision-making responsibilities for, and/or physical control and custody of, the children they have together. This form of custody is able to be awarded to parents that are divorced, separated, no longer living together, and even if they have never lived together. Joint child custody is also the form of custody that is favored by the courts.

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

There are advantages and disadvantages to joint child custody. While it ensures children continue contact with both parents, children still need to be shuttled from one parent to the other. This can be a difficult situation for non-cooperative parents, and thus can be a hard situation for children stuck in the middle. Regardless of if parents are cooperative or non-cooperative, it’s crucial that all financial records of groceries, finances associated with a child’s after school activities, medical care, and clothing are kept. In cases where parents argue about these things, a judge will appreciate finely detailed records. If parents can maintain a positive parenting schedule and approach, and keep the child’s best interests in mind, joint custody can be a positive and comforting experience for a child.

Working with a skilled attorney can help ensure you get a fair case. For advice on child custody, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Nolo, Types of Child Custody, 2014,

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550