Archive for the ‘ Family Law ’ Category

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 attorney 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 our Los Angeles family attorneys 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.

Reasons That Might Call for a Modification of Child Support Order

Posted on: September 30, 2015 by in Child Support, Family Law
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When the parents’ financial situation changes, there may be the need for modification of the child support order. One or both of the parents may need a modification in the youngster custody order, and this is a process that must go through the court. This is where a team of Cerritos child support lawyers can help.

Remember, that if the judge in your situation ordered youngster support that was much below the guideline amount, then you do not have to present any evidence of a change in your circumstances to ask for a child custody modification. However, in other cases, you are required to present evidence of a change in your financial circumstances or the circumstances of the other partner in order to get a modification. Speak to a Los Angeles child support attorney about how you can modify your youngster custody order.

For instance, you may wish to ask for a modification based on a change in your income, or your spouse’s income, or both. If a spouse has lost his job, or has recently had another youngster from another relationship, or has been incarcerated, he may wish to ask for modification of the child support order that will result in a lower child support payment.

The court will also consider evidence of changes in the amount of time that the child spends with each parent. Additionally, the court may also consider a need for increased youngster support due to increased childcare costs, including increase in the cost of daycare, health care premiums, or other costs. Talk to a Los Angeles child support lawyer for help modifying a child support order.

What You Need to Know about Child Support Modifications

Posted on: September 28, 2015 by in Child Support, Family Law
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It’s important to speak with a child support lawyer, and understand how your request for child support could actually affect your child support payments. Remember, the youngster support payments are calculated, not based on your need for the modification, but based on an existing child assist calculator. These guidelines are taken into account by the court, and the result of the modification request may not be exactly what you expected.

Say, for instance, you go to court to ask for a modification of the child support order, because you recently lost your job. You expect that the court will order lowered youngster support payments in your case. However, the court may also take into consideration the fact that your ex-partner has lost a job or suffered a financial disaster during the same period of time. Therefore, the tribunal could actually decide to increase your youngster assist payments. If you were expecting a decrease, this new decision could leave you financially distressed.

It’s therefore important to speak with a Los Angeles child support lawyer, and determine how a court will apply the existing youngster assist guidelines to your case to make a decision. Use the existing calculator to recalculate how the court will possibly make a decision in your modification case. Talk to a child support lawyer for help.

New York Judge Allows Facebook Profile Picture to Be Used As Evidence in Child Custody Case

Posted on: September 25, 2015 by in Family Law
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As child visitation lawyers, we know the role of social media, including sites like Facebook and Instagram has been very clear in divorce cases and child custody cases in California for a while now. More and more courts are giving credibility to evidence recovered from Facebook, Twitter, and other types of social media sites where divorce lawyers now visit to look for evidence that they can use against their clients’ spouses.

In one recent case, a New York woman’s Facebook profile will be used as evidence against her in a child custody case. The judge allowed attorneys to use her Facebook profile as evidence in determining the outcome of the case. This was the first such ruling in New York, and before this, social media profiles were not permitted to be used as evidence in family law cases.

In this case, however, the father claimed that the mother was not a fit parent, and that the child had been spending much more time with the father than the mother. The woman apparently had been vacationing around the world. All that information was available on her Facebook profile. The dates on her Facebook profile clearly provided evidence that it was the man, and not the mother in this case who spent the majority of the time with the child.

To learn how social media can jeopardize your case, speak to our Los Angeles child visitation attorneys. For help getting a favorable outcome in your case, schedule a consultation with a Los Angeles child visitation lawyer.

How to Boost Your Child Custody Case

Posted on: September 23, 2015 by in Family Law
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As child visitation lawyers, we know there are things that you can do while your child custody dispute is on to prove to the court that you are a fit parent. That means additional effort on your part to establish custody. For one thing, follow the court order stringently, and don’t violate any of the terms of the order. Even if the other parent continues to flout the court’s order, do not give in, and do not be tempted. When you go to pick up your youngster, be prompt, and on-time. Avoid skipping visitations.

Maintain documentation of the specific times that you spend with the youngster. Completely document the activities that the child was involved in when he or she was with you. Avoid turning the child against the other parent. Remember, courts do not look kindly on parents who try to disrupt the child’s relationship with the other parent. Allow the youngster access to the other parent according to the plan.

Avoid exposing the child to new romantic partners in your life. Also remember, a youngster custody dispute can very quickly turn ugly, and Los Angeles child visitation lawyers are not unfamiliar with cases in which spouses face charges of child abuse, sexual abuse, and molestation, for something as innocent as bathing a youngster. Ensure that the child is only exposed to child-friendly entertainment when he is at your place.

For more advice about what you can do for a favorable outcome of a child custody dispute, speak to our Los Angeles child visitation lawyers.

Dating during a Child Custody Dispute

Posted on: September 21, 2015 by in Family Law
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The courts do not set aside a time frame for spouses who have been recently separated to begin dating again. If you begin dating, or begin a new romantic relationship while divorce proceedings are still on, or when your child custody dispute has not yet been resolved, then this could jeopardize your case.

The court will not object to a new romantic partner while divorce proceedings are on, but may have something to say if you expose your children to the new partner. If you, for instance, have a temporary visitation agreement going on with your soon-to-be ex-spouse, and have your new romantic partner living in the same house with your children, your spouse could try to insinuate that you are an unfit parent by your actions. The court could find that you have shown poor judgment by introducing a new person into your children’s lives during an already delicate and sensitive time in their lives.

If you are currently separated or are in the middle of a divorce proceeding, and your settlement has not been finalized, take care before starting any romantic relationship. If you are dating, our child visitation attorneys recommend that you avoid bringing the person home when you have your children with you. Remember this is not just wrong from a legal point of view, but could also be traumatizing for children who are still trying to adjust to the fact that their parents are no longer living together.

For help resolving a child custody dispute, speak to a Los Angeles child visitation attorney.

How Does a Court Determine Child Custody?

Posted on: August 13, 2015 by in Family Law
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It is best if parents can come to a mutual agreement about the custody of the child. In many cases however, this is not possible, and a court will have to make a decision about the custody of the child. In such cases, the court will take into consideration a number of factors to establish that the arrangement is in the best interests of the youngster.

The court will consider the age and the health of the youngster. It will consider the physical and mental health of a child’s parents, their lifestyle, including the kind of environmental conditions that the parents can provide for the child.

The court will look at any history of youngster abuse, or violence in the family. It will also look at the bond between the parent and the child, and the parents’ ability to provide a favorable environment for the child. That will include the ability to provide the child with all of his basic living needs, like food, shelter, school, as well as community participation. It will look at the parents’ ability to provide for the medical needs of the child.

Los Angeles child visitation lawyers also often find courts asking for the child’s input. If the youngster is of a certain age and is able to articulate his own wishes, the court may even ask him his wishes about custody.

The court will make a decision after it takes into consideration all of these factors.

If you are unable to come to an agreement with your partner about the custody of a youngster, speak to a Los Angeles child visitation lawyer for guidance.