Articles Posted in Custody and Visitation

San Diego is home to the nation’s largest concentration of military personnel. San Diego’s seven military bases serve the approximately 100,000 active duty service men and woman and their families (the total rises to 175,000 when dependents are taken into account.)  In addition, San Diego is home to 60child-and-flag-225x300% of the ships in the fleet of the U.S. Navy, and 1/3 of the active duty force of the U.S. Marine Corps.  In fact, the military and its spending in the region accounted for 26% of the jobs in San Diego in 2011.  None of this accounts for the more than 250,000 veterans who call San Diego home.  With that in mind, it should come as no surprise that San Diego family law attorneys handle many military dissolution actions.

For the most part, military divorce is very much like any other divorce.  The issues, such as child custody, child and spousal support, property division are the same as any other family law case.  However there are aspects of military divorce that are unique to service men and women.  In this blog, I will discuss some issues military members confront concerning child custody and visitation. Continue reading

Part 1 of this two-part blog examined in detail a Canadian judge’s decision that explained why dogs cannot be treated as anything other than property in a divorce. This, being essentially the same state of the law in California, was proffered here in hopes that our readers could better understand why their beloved companions are treated this way in a divorce.

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However, if Part 1 had you feeling down about the status of pets in the law, the legislation examined here in part 2 should give you some hope! After I had already begun preparing blog Part 1 in this series, an amendment to Alaskan divorce legislation came into effect which signals a major step forward for pets owned by divorcing couples. Alaska has now become the first state to allow its courts to take a pet’s well-being into account when rendering a judgment for divorce!

More specifically, the Alaskan legislation that came into effect on January 17, 2017, states the following: Continue reading

dna-markers-1475227-300x225Most family law litigants will never hear the term “presumed fathers” (also called presumed parents) during their divorce action, especially if you followed the traditional path of getting married prior to having children. In most cases, your family law attorney will determine whether presumed parentage is an issue without ever discussing it with you.  An example would be helpful.  Assuming you are seeking a divorce and you have children, during your initial interview with a family law attorney, you will be asked, “What was your date of marriage?”  You will also be asked, “What day are your children’s dates of birth?”  Continue reading

It’s no secret that many divorces can be difficult and contentious (although they certainly don’t have to be). Between the raw feelings from splitting up, disagreements regarding how to deal with the children, and the inability to reach agreements regarding spousal support and property, things can be difficult. One case in particular, Sagonowsky v. Kekoa, illustrates what happens when a contentious case totally goes off the rails.arguing-characters-shows-relationship-disagreement-discussion-or-300x225

The appeals court, in somewhat of an understatement, called the underlying proceedings a “lengthy and acrimonious battle.” Here are just some of the ways this case was acrimonious: Continue reading

This won’t be the first, and probably won’t be the last, time that I post a blog about how dogs get treated in a divorce. Why? As a dog owner I know what a meaningful role the family pet plays in our lives. As an attorney, I have seen the emotional impact that this issue can have on my clients. Because pets play such a big role our lives, it can become a major issue when divorcing spouses don’t agree on what should happen to the dog when they divorce. In Part 1 of this blog, I examine a recent decision by a Canadian judge and in Part 2, new legislation in Alaska, which together make this topic more relevant than ever.dogs-300x300

A decision of the Queen’s Bench for Saskatchewan dated August 31, 2016 begins by stating “Dogs are wonderful creatures. They are often highly intelligent, sensitive, and active, and are our constant and faithful companions. Many dogs are treated as member of the family with whom they live.” True! I don’t think any dog or pet owner could disagree with that! Continue reading

Personal health is a very important aspect of our lives, but for some reason we do not seem to give it as much thought as we should until that health is compromised.  It is cold and flu season right now and many of you reading this have either had a cold this year, or are going to catch one in the near future.  To those readers who will avoid getting sick this year, please tell us your secrets because we want to know. health-symbol-shows-fitness-strength-and-wellbeing-300x287

Getting the cold or the flu is not the “health” I am referring to in this blog.  When I discuss health, I am referring to long-term or chronic health issues such as Lyme’s disease.  This also includes mental health issues such as clinical depression, as well as physical disabilities like carpel tunnel syndrome or paraplegia.  These chronic health issues are all very different, but they do have one thing in common; they often impact a person’s ability to work. Continue reading

The “Right of First Refusal” is a concept originating from contract law that grants the holder of the right the option to enter into a business transaction with the owner of something before the owner may enter into a transaction with a third party.  Put more simply; before you can sell your widget to a third party, you must ask whether I want to buy the widget.  So why are we blogging about a contractual right on a family law blog? yes-no-buttons-shows-validation-or-check-300x225 Continue reading

confidential-lock-means-restricted-words-and-forbidden-257x300If you have been following the Brangelina news as closely as we have, you may have heard in early December 2016 that Brad filed an emergency motion with the Los Angeles court requesting that the Court’s records relating to the parties custody dispute be “sealed.” Brad’s request was denied.

This may have left you with many questions: What does it mean to have records under seal? Why would this be necessary? What are the requirements to place records under seal? And why was Brad’s request denied? Read on for answers! Continue reading

Much like Kleenex, Band-Aids, or Xerox (products that have become synonymous with the brands that popularized them), Uber has become synuber-1-300x200onyms with ride-share applications.  Even if you take a Lyft, most people will still say “taking an Uber.”  Having an on demand driver 24/7 at your fingertips makes it hard to imagine how we survived before Uber was created.  Uber has solved many problems people did not realize they even had.  There is one problem it has not solved…transporting your children in a co-parenting relationship. Continue reading

If you are a frequent reader of this blog, you know that child custody and visitation are fluid orders as that often change with the needs of the child.  This makes a lot of sense because a 3 year-old  is very different from a 16 year-old and will therefore have a very different child sharing schedule.  Alchild supportso as a frequent reader, you know that a change in the time sharing percentage of the children often justifies a change in the child support orders.  Small changes in the time share percentage are unlikely to make a big impact. Big changes in guideline child support require major shifts in the child sharing percentage.  Continue reading