From The blog

“Can A California Judge Consider The Wishes Of A Minor When Determining Custody?” In California, a judge’s ability and need to consider the wishes of a child is governed by a combination of California Family Code Section 3042 and California Rule of Court 5.250. If you have a situation where you believe a minor should have input, you should read each section in its entirety, as there are a lot of...

“Can My Ex And I Agree On Child Support Outside Of Court?” If you have no current order either from a judge or from child support, you can agree to informal support. That is, if there is no court involvement at all, you are free to make your own arrangements. However, if there is any support order from the court or from the California Department of Child Support Services, you need to have an...

“What Should I Expect In Family Law Mediation?” The State of California requires that in all cases involving custody and visitation of minors (and even later modifications) the parents must attend mediation to try and resolve the matter informally. The process varies from county to county in the actual details, but there are some standard practices: Generally, attorneys are not allowed to...

The overriding principle which the court will use, by California law (Family Code Section 3040), is the “best interest” test, which give a judge broad discretion to consider evidence and set a custody, visitation, and parenting plan which is in the best interest of the minor or minors. There are specific factors which the court will consider, which are also set forth in the California family law...

“Why You Should Talk To Your Family About Your End Of Life Decisions and Estate Plan” No one is comfortable talking about dying. It is uncomfortable for the person thinking about dying, and it is uncomfortable for the person hearing about it. Most conversations about end-of-life topics end up being vague, short, and move on to other topics quickly. The problem is, this often leaves parents and...

“I Loaned A Friend Some Money. Can He File Bankruptcy On It?” The short answer is “probably.” Bankruptcy is a Federal right, and can be filed by anyone who qualifies. Loans are debts that are commonly included in bankruptcy petitions, and unsecured loans (loans with no collateral) are extremely unlikely to be paid back out of the bankruptcy estate. There are two kinds of personal bankruptcy that...

“Someone Broke A Contract We Had: How Long Do I Have To Sue Them?” In California, the applicable statute of limitations are two years for oral (verbal) contracts and four years for written contracts. The time begins to be measured by the time of the first breach of the contract, which means that as soon as one party stops performing the terms of the contract, the clock begins to run. If you have...

“I Lost My Job And I Am On Unemployment: Do I Have To Pay Child Support?” In much of California right now, people are losing jobs in the oil and agriculture sectors, and job loss is a common problem for people who pay child support even during good economic times. If you lose your job, you are entitled to have your child support reviewed and, in most situations, reduced. There are a few things...

I often get clients who come to my office discuss a hearing that has already happened, and went badly for them. Although my advice is always to hire a lawyer to help you with your case BEFORE things go badly, there are some options for after a hearing in California under the Family Law Code. First, if you have discovered new evidence after the hearing (this often comes up from something you...

“Why Am I Required to Go To Mediation For My Custody Case?” The State of California requires mediation for a variety reasons any time custody or visitation at issue. First, the court recognizes that while judges are quite capable of making decisions that are in the best interests of minor children and can and do set custody and visitation schedules, oftentimes the best schedule is one that is...