Category: Child Custody

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags co-parenting, co-parenting anxiety

Child Custody Child Support Divorce Family Law Spousal Support

Considerations for a Short-Marriage Divorce

Post author By Scott
Post date January 28, 2015

Sometimes marriage doesn’t work out. And sometimes, you realize that fairly quickly. If you’ve only been married for a short amount of time and are now considering divorce, there are some factors you’ll want to consider.

Short-Term Marriage: Not Uncommon

Short-term marriages are not unusual. Some couples think that a marriage will help to heal a relationship. Factors such as not living together, or jealous thoughts can often feel “solvable” with a marriage. And that’s not often the case. According to the US Census Bureau, 11.5% of marriages that happened during 1995 to 1999 never lasted till the fifth anniversary.

Divorce Considerations

Even after a short marriage it can be difficult to decide to divorce. Divorce hurts. While you might not have as many things that need to be ironed out, such as property division or child custody, they are all things to be considered and presented to a divorce attorney should you decide to work with one. You’ll want to provide the following information to your attorney: details of your marriage date, your income, your soon to be ex-spouse’s income, and employment status. You’ll also need to provide a lawyer with any property you owned prior to the marriage, and property acquired during the marriage (if any was acquired). You’ll also need to provide any information regarding children (if you have them or are pregnant at the time of the divorce).

Working with a Divorce Lawyer

Seeking the advice of a divorce lawyer can be helpful. Just because your marriage is ending that doesn’t mean you should feel like you’ve failed. A divorce lawyer will be able to walk you through the divorce process, while also providing advice on how to get through this difficult time.

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

Source: Rosen Law Firm – North Carolina Divorce, The Short Marriage: Divorcing after a Year (or Two), 2015

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Divorce, joint assets, short marriage

Child Custody Child Support Child Visitation Divorce Family Law High Net-Worth Divorce Marital Property Division Spousal Support

Cannon Filed for Divorce Dec. 12

Post author By Scott
Post date January 21, 2015

Negotiation versus Litigation in a Slip and Fall Case

It looks like Nick Cannon and Mariah Carey have officially divorced. The two have been on rocky terms since last year.

Cannon Files for Divorce

Allegedly, the 34-year-old “America’s Got Talent” host filed for divorce on December 12. Cannon spoke openly about the two’s separation last year. Telling The Insider last August that the two had been, “living in separate houses for a few months.” He continued, “(Right now) my main focus is my kids.” Cannon has not been tight-lipped about the two’s separation, often taking to Twitter to express his kind feelings towards his ex-spouse.

Carey in the Spotlight

Carey, 44, was back in the headlines just a week prior to Cannon’s alleged filing after having shown up late to the taping of the Rockerfeller Center Christmas Tree Lighting.

“Last night’s situation was beyond my control. I apologize to all that showed up, you know that I would never want to disappoint you,” Carey tweeted to her 15 million followers. “You’ve kept me here, in your hearts, and I keep you in mine always. We are #lambily! #ThereForMe. I will be opening tonight’s live show in Rockefeller center with “All I Want For Christmas Is You”!!!!” The singer received criticism for not being able to hit some of her famous high notes while performing the song.

Just recently the singer revealed she will be heading to Las Vegas for a residency at Caesars Palace.

Marriage and Divorce

The two were wed in the Bahamas in April 2008. They share 3-year-old twins, Moroccan and Monroe. The terms of the divorce are not yet known, so it’s unknown if child custody has already been determined.

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

Source: Daily News, Nick Cannon files for divorce from Mariah Carey: report, January 16, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags celebrity divorce, Divorce, legal separation, Mariah Carey, Nick Cannon

Child Custody Child Support Divorce Family Law High Net-Worth Divorce Marital Property Division Spousal Support

Lessons from Chris Rock’s Divorce and Prenuptial Agreement

Post author By Scott
Post date January 12, 2015

A lesson to be taken from Chris Rock’s divorce: review your prenuptial agreement.

The Divorce

The comedian just recently his announced his divorce from wife Malaak Compton-Rock. Rock is seeking shared custody of the couples two daughters.

Prenuptial Agreement Expired

According to court documents, it seems the prenuptial agreement the couple entered into when they married in 1996 has expired because the couple has been together for so long.

But how?

Sunset Provision

Two words: sunset provisions, also known as expirations in prenuptial agreements. While sunset provisions aren’t too common, they are a planning tool that can be an essential part of a client’s financial picture. This is especially the case when one of the spouses is significantly wealthier than the other. What a sunset provision does is entitle one spouse to receive a set amount of assets should the marriage remain intact for a certain length of time.

“Many times, it’s assumed that these agreements never expire, but that’s not necessarily the case,” says Avani Ramnani of Francis Financial Inc. “We encourage clients to revisit them every four or five years. Refresh your memory and make sure you’re following the stipulations that are in the prenup.”

Revisiting Prenuptial Agreement

Because of these sunset provisions, it’s important that you (and your spouse) revisit your prenuptial agreement to ensure that provisions still apply. Bringing in an attorney can help you to assess the agreement’s validity.

“It’s good to do a quick review, but you should seek legal help to evaluate that prenup and make sure that it’s valid, followed and taken into account while planning,” says Ramnani.

Source: Investment News, Chris Rock’s divorce offers lessons in divorce planning, December 30, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Divorce, Prenuptial Agreement

Child Custody Child Support Child Visitation Family Law

How To Get Child Support After Judgment

Post author By Scott
Post date January 9, 2015

You’ve received a judgment that the other parent is supposed to make child support payments to you. What’s next?

Receiving Child Support Payments

After you have received a child support court order, the other parent is legally required to start making child support payments to you. The court order you receive will include the start date for the child support payments. The payments will be paid monthly, and will be taken out of the other parent’s paycheck.

Wage Assignment and Garnishment

Every child support case where child support is awarded, the court will order a wage assignment or wage garnishment be issued and served. This wage assignment requires that the other parent’s employer takes the support payments out of the other parent’s wage.

Local Child Support Agencies

If the local child support agency (LCSA) is not involved in the child support case, both parents are allowed to agree that the child support payments be made in other ways, rather than a wage assignment. This means the wage assignment is “stayed,” or put on hold. Parents are then responsible for working out how the child support payments will be made. But if a LCSA is involved, the LCSA must agree to having the wage assignment “stayed.” Typically, if a LCSA is involved, the agency will keep the wage assignment in place.

Failing to Pay Child Support

There are serious consequences for not paying child support. You can be held in contempt of court if you have the ability to pay child support but do not make the payments. This can mean jail time. If you are unable to make child support payments due to loss of job, or gap in employment, you should contact a family law attorney, or the court to avoid jail time or fines.

Source: California Courts, Collecting a Child Support Order, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Support, child support judgment, child support payments

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

Child Custody and Move Aways

Post author By Scott
Post date December 30, 2014

Relocating to a new state or new country can be difficult. But that process can be made even more difficult when it means moving away with a child you share with your ex-spouse or partner.

Are You Allowed to Move Away?

The first thing you need to identify is if you are able to move away and relocate your child. A standard rule of thumb when it comes to child relocation and a permanent child custody and visitation order is that neither parent is able to relocate the child unless he or she has received consent (written consent) from the other parent or a court.

Allowing a Move Away

Family law courts consider a number of factors when considering allowing a move away. As always, the court takes the “best interest of the child” into account. These are the other factors a court considers:

Is the child stable in the current child custody arrangement
Where is the new location? How far away is it from the remaining parent’s household?
Financial impact (for both parents)
Age of the child
How is the current relationship between the parents and the child?
How is the co-parenting relationship between both parents?
What are the child’s wishes (dependent on the child’s age)?
Are there special accommodations needed for the child? Are they available in the new location?
What’s the reason for the move?
Additional factors the court deems fit to consider

To Note: California Family Code section 7501

Under the California Family Code section 7501, “a parent entitled to custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.” Therefore, the custodial parent of a child does not have to prove that the move away is necessary, since they have been awarded the legal right to have the child live with them.

Modification of Court Orders

A move away request is considered a modification of court orders. Therefore, it’s important to be mindful of the current custody and visitation rights you have prior to the move away. You will need to get the other parent’s written agreement as well as the court’s permission in order to proceed with your move away. You might want to consider working with a move away attorney to help that your move away is legally done and you don’t risk jeopardizing your current agreement.

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child relocation, Moving Away

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

Legal Separation Compared to Divorce

Post author By Scott
Post date December 26, 2014

The greatest difference between legal separation and divorce is that legal separation does not end a marriage or domestic partnership.

Understanding Legal Separation

Typically, spouses that seek a legal separation don’t want to get divorced, or aren’t get ready for divorce, but want to live apart. During this time of living apart, it’s important that certain legalities surrounding money, property, and parenting are agreed to, in order to avoid disputes. Often times legal separation is the first step towards divorce. And the formal judgment that is issued during legal separation can help address and resolve aspects of a marriage. Working out these various aspects of a marriage can help ease the tension of a divorce, should it go that direction. But spouses who are legally separated are not legally free to marry because a neither spouse’s legal status is returned to “single” in the separation process, unlike the divorce process.

During a legal separation your interests as a married couple are protected until a final decision to divorce is made. Often times, couples choose to just remain separated and never choose to pursue a legal divorce.

Issues Addressed in Legal Separation

Typically, during the separation process various things are dealt with, including: child custody, child visitation, child support, spousal support, marital property division, attorney fees, and personal conduct. The only thing that remains untouched is the actual marital status of the couple.

Why Pursue Legal Separation?

There are advantages with legal separation, including:

Spouses are able to maintain benefits such as a spouse’s health care plan or military benefits.
Staying legally married for 10 years allows couples certain social security benefits.
The separation period allows for a “cool off time,” during which parties can work to resolve their differences. Couples can then decide to either pursue a divorce or resume the marriage.
In some religions divorce is not allowed or recognized. Legal separation allows these religious couples to live separate lives while still remaining married and true their faith.
Legal separation can be used to solve immediate problems in couples who are uncertain about moving forward with divorce.

Source: Legal Match, What Is Legal Separation? 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child visitation, Divorce, legal separation, marital property division, Spousal Support

Child Custody Child Visitation Divorce Family Law

Child Visitation Supervision

Post author By Scott
Post date December 23, 2014

Children, Sports, and the Increasing Number of Brain Injuries

Often times a court will rule one parent has “supervised child visitation” rights. Type of supervision will fall under two categories: nonprofessional and professional. Here’s what it means for visitation to be “supervised.”

“Supervised Child Visitation”

California’s law governing child custody awards is based on protecting the best interest of a child. Because of these, a judge will sometimes rule that a child only have contact with a parent when a neutral third party, or supervisor, is present. Thus, “supervised” visitation.

Reasons for Ruling for Supervision

A judge may decide on supervised visitation for many reasons. These can include, but are not limited to the following:

A visiting parent might need an opportunity to address a specific issue.
When a parent and child are reintroduced after a long period of absence.
When a parent is first being introduced to a child
When a parent has a history of domestic violence, child abuse and neglect, or substance abuse.
When concerns about mental illness have been expressed
When there is a potential abduction threat.

In addition to a “supervised” ruling, the court will also order specific times and durations for the meetings. The court will also specify what type of supervision will be required during the visits: either professional or non-professional.

Professional and Non-Professional Supervision

There are two types of supervision: professional and non-professional. Non-professional providers are usually family members or friends. A professional provider is trained and experienced in child visitation visits. For a fee or service, they attend the visits. They also follow a standard uniform of practice.

A provider’s main purpose for attendance is to keep the child or children safe during the visit. They must not only be present the entire time, but are also required to listen to what is being said, while also closely monitoring the child’s or children’s behavior. If the supervisor deems it necessary, they are able to interrupt or end a visit. They are required by law to report suspected child abuse.

Source: California Courts, Supervised Visitation, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child visitation, child visitation rights, supervised child supervision, unsupervised child visitation

Child Custody Child Visitation Family Law Mediation Modification to Family Court Orders Paternity

Appealing a Child Custody Ruling

Post author By Scott
Post date December 19, 2014

Statistics indicate over 195k people die from malpractice

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

Source: eHow, Preparing a Child Custody Appeal, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550