From The blog

“Abusive and Traumatizing Statements to Children and Restraining Orders” One of the hardest things for a judge to control in a family law case is statements from one parent to the children that are inappropriate. It is very hard to police on a daily level, and oftentimes the only way to know what is being said is through the children themselves, which means minor’s counsel is necessary. The...

“Why Social Media Is So Dangerous In Family Law Cases” Video link: https://youtu.be/T5z3bgoy7gE Social media is a major part of people’s lives these days—it can even be hard to stay connected to family and friends without it. It can also be very dangerous to you in a family law case. How can something that is so useful and connecting so bad in family law cases? THE KIND OF POSTS MADE: The first...

“Is Mental Abuse Enough For A Restraining Order?” What conduct is sufficient to support the issuance of a restraining order is a matter that has been discussed, over and over, and which is subject to continual changes in the law of many states, including California. The California Court of Appeals took up the issue in the case of Rodriguez v. Menjivar (2015) 243 Cal.App.4th 816. In this case,...

“What Is A Putative Marriage?” A putative marriage is a term used in California to refer to people where at least one person thought they were married, but the marriage is legally void for some reason. It most commonly occurs where two people get married, but one person was not legally divorced from a first spouse. This is actually more common than you might think. When the person who is not at...

“My Child Is Struggling In School. Can My Ex Change Custody?” School struggles are common for children going through a family split. It is generally accepted that there may be a temporary drop in grades as things settle down. However, there are times when custody has been set, and a child continues to fail to do well in school. In these cases, the court will often get involved to help. In most...

“My Ex Immediately Starting Dating Someone With Kids—Is That OK?” In a perfect world, people who have separated would finish their court case, take some time to re-group, and only begin dating again in a careful manner that does not create stress on their kids. In reality, people often go right from one relationship into another, including sometimes moving in immediately with another person....

“Can My Disability Income Be Used To Calculate Child Support?” The answer to this question depends on one factor: is the disability income coming from a private company (such as a work-based disability program or private insurance) or a need-based public benefit, such as social security disability? California Family Code Section 4058 outlines what is income for child support, and it includes...

“Can Financial Help From My Parents Be Counted As Part Of My Income For Child Support?” It is not unusual for parties in a separation or divorce to have to get help from family. Sometimes this comes in the form of monthly payments, or free rent, or help with food or car payments. This is often more a matter of necessity, rather than convenience. A 2009 California case from the Sixth District...

“What Are My Visitation Exchange Options?” Exchanges can be a difficult part of co-parenting. They can lead to conflict, and sometimes, physical fights. The best interest of the child or children, however, requires that these be as smooth as possible. There are options, which can be put in place either by agreement or court order, for keeping the peace during exchanges. The options, listed from...

“My Ex Accuses Me Of Drinking Around The Children: How Can I Prove That I Am Not?” While courts are aware that reasonable alcohol consumption is common and usually not an issue, there are times when one party alleges that the other is drinking heavily around the children, and that it is affecting their safety. There are several ways for the court to determine what is going on when the two sides...