From The blog

“When Can I Ask For Emergency Custody Orders?” Generally, emergency orders are reserved for situations that are considered dangerous to the child or children of a relationship, which usually means physical harm or danger, or one party removing the child out of the jurisdiction of the court (such as taking the child out of state or the country against court orders or without permission of the...

“Common Income Deductions in Child Support Calculations” The State of California uses a financial equation to determine child support that is implemented by a program calls the Dissomaster. This program takes both parties’ financial information and calculates support. The use of the program is mandatory for judges unless they make specific and fairly rare findings of a valid reason to deviate...

“Resources for High Conflict Custody Situations” Although courts have some ability to manage high conflict situations regarding custody and visitation, there are limits on what can be done to limit conflict. One thing that I recommend in ongoing situations (particularly ones that stretch out for a number of years) is that my clients educate themselves on high conflict people. This can help when...

“Guardianship and Termination of Parental Rights” California has a controversial law which allows guardians who have been appointed for two years or more to apply to the court for termination of parental rights and to adopt the minor child or children. This law can be both good and bad. At its best, it provides stability for a child in that once two years have gone by, there is usually a need...

“Step-Parent Adoptions” Step parent adoptions are fairly common in California, and generally occur when a step-parent has become a parental figure to their step child, usually from a pretty young age. There are specific forms in California to file for step parent adoptions, which start the court process. One of the main concerns in step-parent adoptions is a report that is generated by family...

“My Ex Works For Cash To Avoid Child Support: What Can Be Done?” When someone works a cash job and claims no income, it can present two distinct problems related to child support: how do you get support ordered in the first place, and how do you get paid once it is ordered? As to the first issue, there are really two ways to go about getting support ordered. Neither is perfect, but they are...

“Resources For Alternative Discipline Methods” This post is a follow up top my previous post regarding the legalities of spanking in California, which can be found here: http://swansonodell.sitesdev.net/2016/05/04/is-spanking-legal-in-california/ If you find yourself in a situation where spanking must be replaced with other discipline methods, either by court order or as a preventative measure,...

“Is Spanking Legal In California?” Yes, spanking is legal in California, but it does come with some risks in California, particularly in contested and contentious family law cases. Parents often have different views of spanking, and can complain to the court if they feel there is inappropriate discipline. Reports can also be made to law enforcement, which can have adverse consequences. The...

“My Ex Didn’t Respond To My Divorce Petition: What Next?” In California, after normal service of a Petition and Summons, an opposing party has thirty (30) days to file a Response. (There are slightly different rules for situations where someone is sub-served at their address, but those cases are less common.) If a Response is not filed, your case will not automatically progress to judgment and...