Archive for the ‘ Family Law ’ Category

An Overview Of Grandparents’ Rights In California

Posted on: May 18, 2017 by in Family Law
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Far too frequently in today’s world, grandparents may find themselves being pushed out of the lives of their grandchildren, particularly after an event such as a divorce or a legal separation. Often in such circumstances, a custodial parent may try to keep a child away from the grandparents. When a parent does that, it’s painful for grandparents, and it can be damaging to a child as well.

What you are about to read is a brief, general explanation of grandparents’ legal rights in the state of California, but if your own legal rights as a grandparent are being denied or trampled on in Southern California, you will need the personalized legal advice that an experienced Long Beach family law attorney can provide. A good family lawyer can explain your rights and options as a grandparent and help you take legal action if that eventually becomes necessary.

It’s not news that a divorce can be tough on a child. Divorce is precisely the type of situation where a child may genuinely need the emotional support and encouragement that grandparents so often provide. The legal rights of grandparents are honored and respected by California law, so after a divorce, grandparents in this state have every right to ask a court for reasonable visitations with their grandchildren. The court will weigh a variety of factors before making a decision.

WHAT IS A CALIFORNIA FAMILY COURT’S TOP PRIORITY?

In any legal action that concerns a child, the leading priority for California courts is almost always the best interests of the child. However, because of a ruling by the U.S. Supreme Court, grandparents in California (and the forty-nine other states as well) do not have an absolute legal right to visitations, even when those visitations may, in fact, be in a grandchild’s best interests. Why aren’t grandparental visitation rights absolute?

Making grandparental visitation rights “absolute” would infringe on the right of parents to make decisions regarding their children – a more important (or “weightier”) right according to the U.S. Supreme Court. In the year 2000, that court struck down a Washington state statute that explicitly allowed for grandparental visitations – if those visitations were deemed by the court to be in the child’s best interests – even against a custodial parent’s wishes.

However, even in the face of parental opposition, there remain instances where the courts in California may grant limited visitation rights to grandparents. Grandparents may be granted visitation rights such as a weekend a month or a week or more in the summer. In other cases, the visitation rights of a grandparent may be severely restricted, and in some extremely rare cases, grandparents can be kept away entirely from their grandchildren.

WHERE CAN GRANDPARENTS TURN FOR LEGAL HELP?

Obviously, every family is different, and when a grandparent seeks visitation rights, the court must consider the facts, details, and circumstances that make the case unique. If you are a grandparent in southern California and you are seeking the right to visit your grandchild or grandchildren, discuss the details with an experienced Long Beach family law attorney. A good family lawyer can review the case and provide the sound and honest legal advice a grandparent will need regarding your rights and options.

In California, when a grandparent goes to court to request visitation rights, the court will want to know if a pre-existing bond and relationship have been established between the child and the grandparent. If so, that will be helpful to the grandparent’s case. The court must attempt to balance the grandparent’s rights and the child’s best interests with the custodial parent’s right to make decisions about who spends time with the child.

California grandparents who are seeking the right to have visitations with a grandchild should be prepared to tell a judge about the nature of their relationship with their grandchild, to explain why grandparental visitations are in the child’s best interests, and to offer any other evidence or testimony that may help the judge learn more about your special relationship with your grandchild.

Generally speaking, when a child’s parents are married, and the parents and child live together as a family, if both parents are agreed about denying visitations to a grandparent, that grandparent may, in the end, have no legal option. However, and even when the parents are married, there are several exceptions that may open a door for grandparental visitations. If the parents are living separately, if the whereabouts of one parent remain unknown for thirty or more days, or if the child is not living with either parent, it is possible that a court may permit limited grandparental visitations.

WHEN GRANDPARENTS SEEK RIGHTS, IS COURT THEIR ONLY OPTION?

Whether the parents of a child are married or divorced or even unmarried, going to court is not necessarily the only option for grandparents who are seeking the right to visit a grandchild. In fact, it may be best to attempt to resolve these issues outside of the courtroom through mediation, and if you go directly to a California court, the judge will most likely order mediation anyway. Formal mediation can often lower the level of animosity among family members, and it can reduce your legal expenses too.

Mediation is a way to discuss your needs and concerns openly and safely. Moreover, a mediated settlement is often more acceptable to everyone involved than a court-imposed mandate that may leave some family members with resentments and bruised feelings for years to come.

Many California family law attorneys also serve as family law mediators, but if mediation is court-ordered, the court may not allow your own lawyer to take part in the mediation process, so be sure to discuss the process with your attorney first.

When a parent or parents cannot care adequately or appropriately for a child, grandparents may seek legal guardianship. In California, if you are a grandparent seeking visitation rights or requesting guardianship, representation by a skilled and dedicated attorney is imperative.

Family law in California specifies no particular legal path for grandparents seeking visitation rights, so in each case, a grandparent should consult an experienced family law attorney and carefully consider that attorney’s recommendations. Your relationship with your grandchild – and the future of that relationship – is what will be determined when you take legal action.

What Are The Fees For A Divorce In California?

Posted on: April 18, 2017 by in Family Law
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What does it cost to get divorced in California? Like almost everything else in the law, the best answer is “it depends.” This is a general introduction to the basic costs of a California divorce and the factors that can increase or reduce those costs. Any specific figures mentioned here are general and hypothetical. Of course, every couple is different and every divorce is different, so if you seek to divorce in southern California, at some point you will need to speak directly with an experienced Long Beach divorce attorney about what your own divorce might cost.

You may have more of a say about the cost of your divorce than you think. For instance, an uncontested divorce is often the best divorce option when the spouses are concerned about fees and costs but have no particular bitter feelings toward one another and are ready to move on with their lives. However, the rules for an uncontested divorce are precise, not every divorcing couple in California will be eligible. To obtain an uncontested divorce in California:

  • The time between the marriage and the separation date must be five years or less.
  • There are no minor children and neither spouse is pregnant or seeks spousal support.
  • One spouse must reside in California for at least six months and in the county where the divorce petition is filed for at least three months.
  • Both spouses must sign an agreement to divide all assets and debts.
  • There are no outstanding debts over $6,000 (apart from car notes) and neither partner owns any real estate. Any lease agreements must end within a year of the filing of the divorce petition and may not include an option to buy.
  • Apart from vehicles, total marital assets are less than $38,000, including retirement and deferred compensation, and neither spouse individually owns assets valued over $38,000.

In California, an uncontested divorce is called a “summary dissolution of marriage.” If spouses are eligible for a summary dissolution, they will have considerably less red tape and paperwork to deal with, and they will not be required to appear in court. A summary dissolution should cost $3,600 to $6,000 – total for both spouses – although the final figure number may be more. However, if there are no disagreements and everyone works together cooperatively, the cost of the divorce can probably remain below the $6,000 figure.

However, not that many divorcing couples in California will qualify for an uncontested divorce. In many divorces, there are disputes over the division of property and assets and over spousal support. When divorcing partners are parents, there may be a dispute over custody, child support, or visitation rights. Each matter in that is in dispute will increase the cost of a divorce in California.

HOW MUCH DOES THE DIVISION OF PROPERTIES, ASSETS, AND DEBTS COST?

Even when the division of properties, assets, and debts is undisputed, the paperwork can take four to six hours of an attorney’s time. It might sound easy, but determining who owns what can be quite complicated, especially if the property and assets that must be divided are extensive.

If there are disputes and lengthy negotiations, the cost rises, and when properties must be liquidated, the cost rises again. If one partner or spouse is attempting to hide assets, there may be additional investigative costs to uncover those hidden assets.

Disagreements over property and assets can take up a lot of time. One or both spouses may insist on an appraisal to decide a home’s fair market value. And even after an appraisal, a fair and equitable division of real estate holdings can be quite challenging and often the most complicated issue in a divorce. An experienced Long Beach divorce attorney can probably give you an estimate – early in the divorce process – of what the division of property, assets, and debts will cost in your own case.

HOW MUCH WILL CUSTODY AND SUPPORT DISPUTES COST?

If the spouses cannot reach an agreement regarding child custody, the attorneys may spend hours on the phone, writing letters, and meeting in person to negotiate. Even complicated child custody disputes can usually be settled in about six hours of negotiations or less, but obviously, the longer and more difficult the negotiations, the more expensive the whole process becomes. This is why it’s imperative to work out as much as possible with your spouse as early as possible in the divorce process.

Child support is usually easier to determine than spousal support, particularly if all of the finances are fully disclosed. California has formal guidelines to help judges decide the appropriate amount of child support that should be paid to a custodial parent by the non-custodial parent after a divorce.

If parents cannot agree on a child support amount, a California judge will use the state’s guidelines to impose a child support order. Your divorce attorney knows what the guidelines require, and in most cases, your attorney can quickly give you a rough estimate of the amount of child support that will be required.

Spousal support (alimony) is different, because divorcing partners may disagree about the standard of living during the marriage or about the length of time spousal support should be paid. Spousal support negotiations often consume more hours than any other matter in a divorce. There is simply no way to estimate the cost – especially if the finances are complicated and the emotions are running high – but most divorce attorneys charge by the hour, so every additional complication will add to the cost of a divorce.

WHAT IS THE COST OF A DIVORCE TRIAL?

The cost of a divorce trial is almost impossible to estimate, but if your divorce must end with a divorce trial because the spouses cannot agree on anything, it can cost thousands, and if the finances are complicated, a divorce trial can cost tens of thousands. Compromising where you can and agreeing with your spouse on as many matters as possible is really the only way to reduce the cost of a California divorce. When everything is in dispute, the cost of discovery requests, interrogatories, subpoenas, depositions, and transcripts can pile up fast.

CAN A SPOUSE BE ORDERED TO PAY THE OTHER SPOUSE’S LEGAL FEES?

In most cases, a California judge will not require your spouse to pay your attorney fees. In very rare instances, California judges will order one spouse to pay the other’s attorney fees, but only – when the finances are so unbalanced that the proceeding would otherwise be entirely unjust. In such a case, the needier spouse can ask the court to review the finances and determine if the more advantaged spouse should pay all or part of the needier spouse’s attorney fees.

Most California divorce attorneys are willing to work with their clients and can offer someone seeking a divorce several ways to pay after discussing your full range of legal options. There is no way to predict the final amount that a divorce will cost in the state of California, but in many cases an experienced California divorce attorney can give you a rough cost estimate very early in the divorce process.

Tools To Help Co-Parents Maintain Clear Communication

Posted on: February 9, 2017 by in Family Law
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Co-parenting can be a challenge, and ongoing communication and cooperation between parents can make it easier to manage. However, conflict and miscommunication make it more difficult for co-parents to work together effectively. Even if they recognize that they cannot speak calmly face-to-face or by phone, lengthy emails and vague text messages often keep the friction going.

For example, a parent may send an email that includes multiple requests for things like schedule changes and expense reimbursements, but the important facts get lost in the paragraphs of emotional commentary. This can make it hard for the receiving parent to focus on and respond to just the requests. Rather than letting information become unclear, co-parents who can communicate clearly and make information accessible in both homes may be able to avoid conflict and costly setbacks.

As a way to help reach this point, many co-parents turn to alternative tools for communication. Several web-based tools exist which help co-parents to thoroughly document and organize their communication and help them get straight to the facts. Some of these tools only provide co-parents with one capability like messaging, but replacing long, unfocused emails with long, unfocused messages isn’t really a solution to make communication clearer. Co-parents who regularly face problems with messaging may have more success in communicating if they use other tools to share information.

One set of online communication tools for co-parents that does more than provide messaging can be found on the OurFamilyWizard® website. This suite of web and mobile-based tools provides co-parents with a variety of features for scheduling and track parenting time, log expenses and facilitate reimbursements, sharing documents and other information, and more. Its features are equipped with templates that prompt each parent for complete and timely information, which helps co-parents to continuously update each other with the relevant facts having to do with their children.

OurFamilyWizard® tools can help get co-parents out of the habit of messaging by offering several other easy-to-use features to help break down requests and other information to just the hard facts. However, there may be cases where some information must be shared in long form. If a parent does need to send a message, they can use ToneMeter to analyze the content of their message for emotionally charged content. This gives the parent a chance to recognize where the tone of their message could be received negatively and allows them to adjust their tone before sending.

Using one central zone for communication also makes it easier for co-parents to share their activity with counsel, if necessary. Using online co-parenting tools like OurFamilyWizard®, both parents have access to accurate, print-ready reports. Plus, parents have the option to link their attorney or other professionals working with their family to oversee the communications on the website. Even so, co-parents who can communicate clearly may be able to avoid constant conflict that requires attorney intervention or return trips to court.

No matter how co-parents feel about each other, shared parenting is a responsibility that should be managed with care. Maintaining clear communication and reducing conflict are two positive co-parenting goals, and using the right communication tools can support these objectives.

7 Ways To Lose Child Custody

Posted on: November 25, 2016 by in Family Law
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Family law is changing rapidly in California and every other state, so if you are involved in a dispute over child custody, you must have the help of an experienced family lawyer who stays abreast of current court rulings and related legal developments. In some California divorces, experienced family law attorneys can help divorcing parents resolve a child custody disagreement in arbitration or in mediation proceedings and without the need for a trial.

Unfortunately, in other California divorces, custody and visitation may be aggressively contested, and a parent will need the counsel of an experienced Long Beach family law attorney. Nothing is more important than your children. If you are divorcing with children in California or any other state, and you want custody of your child or children, there are some mistakes you simply cannot make. Those mistakes are listed and discussed below.

According to Doreen Yaffa, Florida Board Certified Family Law attorney in Boca Raton, Florida, “You don’t really ‘lose’ your children in a divorce or a paternity action. The term ‘child custody’ is no longer used by the state judicial system in divorce cases involving minor children. As of 2008, changes in Florida divorce and marital laws invoked terms such as ‘time sharing’ and ‘parenting plans’ when discussing the children, their visitation and other issues related to their upbringing and general welfare after their parent’s divorce.”

Dan Thorne, founder of the PRAXES parenting program and a Licensed Marriage and Family Therapist, has worked with many families in the process of divorce, from separation through the ongoing squabbles between parents over their children. “Child custody is determined by the parent’s ability to provide what’s termed, ‘in the child’s best interest.’  Most parents want some form of legal and physical custody, to be part of their child’s life. But unfortunately, that doesn’t always end up to be the case,” Thorne says.

He explains that “One reason for the loss of child custody is that a parent relinquishes rights and just phases out of the child’s life, due to personal problems or unwillingness to take on the challenges of parenting. Another reason is the parent’s inability to care for the child, due to a criminal record, a history of drug or alcohol use, or a history of physical abuse and/or neglect of the child. A final reason is because the parents’ animosity towards each other is so intense that one parent says, ‘I give up’ and walks away from the child to avoid contact with the other parent.  There are numerous examples of these happening with either the mother or father, which leaves one parent taking both roles and dealing with the struggles of being a single parent.”

“Luckily, loss of custody doesn’t have to be permanent,” Thorne says. “A parent who once was negligent can rehabilitate themselves and have the courts reconsider their situations, or vice versa. Also, as children become older, they can have more say in which parent they live with. Parents need to consider their options carefully during the divorce process, because the decisions they make at that time have long ranging consequences which affect not only them, but deeply affect their children for years to come. Divorce is one of the major traumatic factors which affect children and increases their risk of behavioral problems as they mature.”

From the start, the divorcing parents of minor children should understand that both parents begin the process with joint custody rights and with the same right to pursue custody. The presumption that mothers will inevitably be awarded custody no longer really exists. Actually, today, fathers who seek primary custody of their children prevail in just about fifty percent of the cases. The court’s role in a California custody dispute is to work exclusively for the best interests of the child or children.

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Physical custody and legal custody are the core issues in a child custody dispute; their resolution governs how visitation and related matters will be resolved. A parent with legal custody decides where a child lives, attends school, and receives medical care. Physical custody refers to the parent who provides daily supervision. Many divorcing spouses in California eventually settle on joint physical custody so that a child can spend plenty of time with both parents.

Oakland personal injury lawyer Jeffrey Nadrich suggests that when bitterness runs high between divorcing spouses, a custody proceeding can be brutal. Especially if one spouse has experienced some form of abuse or injury while married. Sometimes entirely fabricated accusations are made; more often, exaggerated accusations are made that blow the truth out of proportion. If you want to keep the custody of your children, you need to avoid certain behaviors and even certain appearances. For parents who are seeking custody and for those who anticipate that they will be seeking custody in the near future, here is a list of seven ways that parents often lose a child custody dispute:

  1. NOT BEING THE PRIMARY CARETAKER

In a typical household, one parent takes more responsibility for the children’s basic needs. That parent is considered the “primary” caretaker, and that parent has an advantage in a custody case. If you are not spending time with your child – eating, playing, driving, teaching – you will be at a disadvantage. If you are not actively involved in the raising of your child, you are probably not going to prevail in a custody dispute. There is no more certain way to lose a custody case than to demonstrate to a judge that you are not really very active in the raising of your child.

  1. NOT PARTICIPATING IN TYPICAL PARENTING ACTIVITIES

Along the same line, if you are not currently participating in some kind of typical parenting activities, your likelihood of prevailing in a child custody dispute is low. Do you routinely take part in school conferences and events, or in activities like Little League or Girl Scouts? Do you take your child to the doctor, the library, or the zoo? Do you know the names of your child’s teachers? If these answers are all no, you probably will not become the custodial parent.

  1. HAVING SUBSTANCE OR ALCOHOL ABUSE ISSUES

If a judge even suspects that a parent is involved with drugs or has an issue with alcohol, that parent probably will not be awarded custody. Most judges take substance abuse accusations quite seriously, and any allegations will be examined with random drug testing and psychological evaluations. If you are a parent with a substance abuse issue, seek help now. If your drug or alcohol abuse has resulted at any time in domestic violence, you will almost certainly be denied custody. Parents who are chronic offenders, violent criminals, and those facing years in prison may in some cases actually have their parental rights terminated by a California court.

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  1. LEAVING A TRAIL OF NEGATIVE BEHAVIOR

A great deal of personal behavior that in the past was private is not private today. That angry telephone call might be recorded. Evidence of bad parenting – or just bad personal behavior – can now include text messages, photos, videos, voice mails, and emails. Sometimes, that’s precisely the evidence that can sway a judge’s custody decision. If you are prone to impulsively ranting at your children, spouse, or third parties, there’s probably a record of it somewhere, and you will be at risk for losing custody.

  1. EXPRESSING DISAPPROVAL OF THE OTHER PARENT

Judges tend to favor parents who support their child’s relationship with the other parent. According to Dean Tong, an MSc. and Diplomate with the American Board of Forensic Examiners, “Not placing the child’s needs in front of your own and not fostering or nurturing the child’s relationship with the other parent and denigrating or vilifying the other parent in front of the child is in totality legal suicide on your prospect for child custody.”

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A parent who is angry, bitter, or critical is poisoning the child’s relationship with the other parent. If you want to show a judge that awarding custody to you is in your child’s best interests, understand the value of your child’s relationship with the other parent and act to encourage that relationship. Obviously, this can be quite difficult in an acrimonious divorce, but it’s what a judge almost always wants to see.

  1. LACKING SELF-DISCIPLINE

To prevail in a child custody dispute, a parent must act consistently with self-control. A parent who cannot remain calm will be at a severe disadvantage. A judge will remember anger expressed in court. Likewise, a parent who behaves irrationally in front of attorneys, social workers, teachers, or police officers will face a great deal of negative testimony at a custody proceeding. A parent who is dedicated to winning custody must exercise self-discipline and put the child’s interests first.

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  1. NOT FOLLOWING SOUND LEGAL ADVICE

A divorce or a custody proceeding is one of the most difficult experiences a person can go through. Whether you seek primary custody, joint decision-making, or a say about the parenting plan, your top priority is making sure that your children – and your relationships with them – are secure. You will need to work with and listen to an experienced and knowledgeable family lawyer with a reputation for excellence and a record of success. In southern California, an experienced Long Beach family law attorney can help you avoid the mistakes discussed here and can also provide the insights and legal services that a parent fighting for custody will require.

Grandparents and Visitation Rights

Posted on: August 22, 2016 by in Family Law
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Far too often in the United States, grandparents are excluded from the lives of their grandchildren, frequently after a major family change like a legal separation or a divorce. A recent survey by the AARP tells us more than a third of all grandparents in the United States provide financial support to their adult children for their grandchildren. Nevertheless, family law attorneys in California and other states often find themselves fighting on behalf of grandparents for visitation rights.

As a rule – and of course, there are exceptions – keeping a child from spending time with grandparents is not only unfair, but it’s actually damaging to the child as well as painful to the grandparents. In Southern California, if you are being prevented from seeing your grandchildren, an experienced Long Beach family law attorney will probably be able to help. Grandparents should know from the start, however, that the law regarding grandparental visitation is complicated, and unfortunately, not all grandparents seeking visitations with their grandchildren will be successful.

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In fact, since the year 2000, it’s become much harder for grandparents to win visitation rights from the courts. That’s the year when the Supreme Court tossed out a law in Washington state that permitted courts to allow visitation rights to grandparents when the court deemed that grandparental visitations were in a child’s “best interests.” As a result, in California and the other forty-nine states, grandparents no longer have an absolute legal right to visitation, even when visitation is in the grandchildren’s “best” interests.

WHAT OPTIONS DO GRANDPARENTS HAVE?

Of course, there are exceptions when the court may be able to allow limited visitation rights, but the current law makes it possible in many cases for parents completely to remove grandparents from a child’s life. A parent’s rights are the top legal priority according to the Supreme Court. Winning visitation rights can, therefore, be a considerable legal challenge for grandparents. When both parents do not want grandparental visitations, changing that situation requires a grandparent to present extreme conditions to the court.

But that doesn’t mean grandparents in such circumstances are hopeless. Under current California law, to give a grandparent legal visitation privileges with a grandchild, the court has to find that there is a pre-existing relationship between the grandparent and grandchild that has “engendered” an emotional bond that is in the best interests of the grandchild. The court must also then balance the best interests of the child with the legal right of the parents to make decisions for and regarding their child. In general, state courts are going to rule in favor of the parents, but there may be exceptions when:

  • The parents are legally separated.
  • A parent’s whereabouts have been unknown for at least thirty days.
  • One parent supports the grandparent’s desire for visitations.
  • The child does not live with either parent.
  • A stepparent has adopted the child.

If a grandparent is granted visitation rights for one of these reasons, and if circumstances later change so that none of these conditions apply, one or both parents may petition the court to terminate the grandparent’s visitation rights, and the court will almost always grant that request. Of course, when it’s possible, it’s always best to try to resolve these matters outside of a courtroom. Before going directly to court, for example, grandparents seeking visitation rights in Southern California may want to consider mediation. It’s a process that can reduce the level of acrimony between the parties while also keeping costs to a minimum.

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Mediation is a way to discuss openly and safely your own concerns while working to reach an agreement that is in the best interests of the grandchildren. If you go directly to a California court, a judge will probably order mediation anyway. Some courts may not allow your lawyer to participate in the mediation process, so be sure to talk with your attorney before entering into mediation.

HOW DOES A GRANDPARENT ASK A COURT FOR VISITATION RIGHTS?

A California grandparent who wants the court to order visitation with a grandchild must file a petition with the court with the help of a family law attorney. If there’s an ongoing divorce, child support, or domestic violence case involving the grandchild, the process will be somewhat different. What’s certain is that you’ll need a seasoned family lawyer’s insights, advice, and legal services.

In California, there’s no official statewide form for grandparents requesting visitation privileges, but courts in several jurisdictions have developed their own forms. Be sure that you have an attorney to help you complete the required paperwork – any mistake could end your hopes of winning visitation privileges. What’s most important for grandparents in this situation – when mediation has failed – is what they tell a judge when they finally have that opportunity.

WHAT SHOULD A GRANDPARENT SEEKING VISITATION TELL A JUDGE?

Grandparents seeking visitation rights with a grandchild will need to explain to a judge the nature of their relationship with the child; why it is in the child’s best interests to have visitations with you; and anything else that you think may be important or helpful for the judge to know about your relationship with your grandchildren. A discussion with a Long Beach family law attorney can probably help you identify and articulate your feelings, reasons, and concerns.

When you file the legal papers to request visitation, California law requires you to give notice to the parents (or to the stepparents or anyone else with physical custody of the child). The legal papers must be served by someone at least 18 years old who is not a party to the case. Personal delivery will be required in some cases; in other cases, you’ll be allowed to notify the parties by certified mail. Your attorney can help you make sure that all necessary parties are notified properly.

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After the parties are notified, there may be a court hearing. As mentioned previously, you may be ordered to mediation. If no agreement can be reached, the judge will decide the case based on what the court perceives to be the best interests of the child balanced against the right of parents to make decisions in their children’s lives. Every case and every family is different, and California law does not specify any precise legal path for grandparents seeking visitation rights, so the best hope for California grandparents seeking visitation rights with their grandchildren is to speak with an experienced family law attorney and to adhere to that attorney’s advice.

Consequences of Failing to Pay Child Support

Posted on: November 18, 2015 by in Family Law
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A court will pass a child support order at the time of finalizing a divorce decree, and you, as the paying parent, will be required to make youngster assist payments every month. Remember, the local child support agency will be able to track whether you are behind on your youngster assistance payments. For help understanding more about your youngster assist obligations, speak to a Los Angeles family lawyer.

Just some of the consequences of failing to fund youngster support can include a blot on your credit rating. These payments are reported to all the major credit reporting agencies, and failure to fund youngster assist is also reported.

You might find that your application for the renewal of your passport, or issue of a passport is denied by the US State Department unless you have cleared all of your youngster assist payments. That can happen if you owe more than $2,500 in unpaid dues.

If you fail to pay youngster assist, the Local Child Support Agency also has the right to file a lien against a property like a home or a piece of property, when you fail to pay youngster support. Your state-issued license, like a lawyer’s license or contractor license, could even be suspended for failure to pay assist.

Your income tax refunds can also be used as a source to pay back your child assist dues. The agency could even take a proportion of the disability payments that you currently receive to pay off the child assist dues. To learn more about your child assistance obligations, talk to a Los Angeles family lawyer. For help protecting yourself if your spouse takes action against you for failure to pay child support, schedule a consultation with a Los Angeles family lawyer.

Legal Reasons for Annulment in California

Posted on: November 11, 2015 by in Family Law
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An annulment will allow you to declare and establish that your marriage was never legally valid, or should never have occurred. In an annulment, or a nullity of marriage or a nullity of domestic partnership, a court will declare that the wedding was not legally valid.

An annulment, therefore, even though it ends your wedding, is very unlike a divorce, which will establish that the marriage was legally valid, but is now terminated. Talk to a family lawyer in Los Angeles to learn whether you qualify for an annulment.

There are only a few grounds on the basis of which you can get a legal annulment of the marriage in California.

• You must prove that you and the other person in your wedding are actually close blood relatives.
• You must demonstrate that one party was already married to someone else, or was in a registered domestic partnership with another person at the time of the wedding
• You must prove that you were below the age of 18 at the time of the marriage
• You was demonstrate that one party was of unsound mind at the time of the marriage
• You must prove that the marriage was the result of fraud
• You must demonstrate that the wedding was the result of force or coercion
• You must prove that your spouse is physically incapable of consummating the wedding and continues to be physically incapable of doing so

The burden of proof on you to prove that any of these criteria are true in your case is heavy. In fact, it is actually easier for you to divorce than to prove that your marriage was invalid. You cannot simply state that you and your spouse have irreconcilable differences, and now want to get an annulment. With an annulment, you are trying to prove that the wedding should never have occurred in the first place.

Speak to a family lawyer in Los Angeles for help getting an annulment.

When Can I File for Annulment in California?

Posted on: November 2, 2015 by in Family Law
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California laws lay down time limits for you to bring a suit for annulment if you want to get the marriage annulled. There is no time limit for a divorce, but in the case of a dissolution, statutes of limitations will apply. Statute of limitations refers to the time frame within which you must bring the legal action.

If you’re filing for an annulment, claiming that you were below the age of 18 at the time of the marriage, you must file for an annulment within four years after you reach the age of 18.

If you are filing for annulment based on a prior existing wedding, or a domestic partnership, then you may file as long as the parties involved in the current marriage are alive.

If you are filing for annulment based on unsound mind, rendering you or your spouse incapable of understanding the nature of marriage or the obligations involved, you may file at any time before the death of either party.

If you are filing for annulment on grounds of fraud or coercion, you must make a claim within four years of discovering the fraud, or four years of the coercion.

If you are filing for dissolution based on physical incapacity to consummate the marriage, you must file a claim within a period of four years after the wedding.

Get in touch with a Los Angeles family lawyer, and learn whether you qualify for a dissolution of your marriage. Remember, with annulment, you are seeking to declare that the marriage never existed, was never valid and should never have occurred. These statute of limitations also make it more complicated to ensure that you file for annulment before the deadline runs out. To learn more about how you can get started filing for a dissolution of your marriage, speak to a Los Angeles family lawyer.

Types of Restraining Orders

Posted on: October 28, 2015 by in Family Law
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A restraining order can help protect you in an emergency situation, and can offer different types of protection. That’s because there are several different types of restraining orders.

If you have been in a domestic violence emergency, and need a protective decree immediately, you can get an emergency protective decree. This is issued by a judge, and law enforcement can call a judge and get the emergency protective order issued immediately. This order can last for a period of up to up to seven days, and will require that the other person leave the home immediately, and stay away from you for at least seven days.

The most common type of restraining decree is a temporary restraining order, which you can get by going to court, and filling out documents that will inform the judge of why you require the restraining order. These orders are usually effective for up to 5 days.

At the hearing that is scheduled for your temporary restraining order, you can ask for a permanent restraining order. Remember, while the name of the order may say “permanent”, the decree only lasts for three years.

If criminal charges are filed against the accuser in your case, the court may issue a criminal protective decree which will require that the defendant stay away from you, while the case is going on.

If you are currently in a situation involving domestic violence, learn your rights immediately. Take action before the situation becomes even more dangerous for you. However, remember that if you’re considering divorce, it is very important to ensure that your spouse is not aware of your plans. If you are looking up Los Angeles family lawyers on the Internet, make sure that you don’t leave behind a trail for your spouse to follow. Speak to a Los Angeles family lawyer today.

What Does a Restraining Order do?

Posted on: October 26, 2015 by in Family Law
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If you are a victim of domestic violence, get in touch with a Los Angeles family lawyer and learn how you can get a domestic violence restraining order in to help protect you and your family.

A restraining order is a legal court decree that will order the other person to stay away from you and your children. Under the order, the person can no longer make any contact with you or your children, your relatives or anybody else who lives in your family. He must stay away from your home, your workplace, and even your children’s school. He might even have to move out of your house.

There are several other restrictions that a domestic violence restraining order will place on the other person. He must, for instance, not possess a gun, must comply with child custody orders, and must continue to pay child support or spousal support. Under the terms of the restraining decree, the other person is also not allowed to make any changes to insurance policies, or assets, or incur large expenses that affect your financial health.

However, the one thing that a restraining decree will not do is end your marriage. Just because you have applied for and got a restraining order against your spouse does not mean that your marriage has effectively ended, or that divorce is the next step. Speak to a Los Angeles family lawyer about how you can file for divorce in a domestic violence situation.

Remember, the restraining order is often the very first step that people take before they make a final decision about their marriage. If you are currently in a domestic violence situation, it’s important to get legal help, and also take the right kind of steps to keep yourself safe.