Articles Posted in Custody and Visitation

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. 

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? Continue reading

If 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 synonyms 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.  Also 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

My favorite holiday song is Andy Williams’ version of “The Most Wonderful Time of the Year.”  Something about that song encapsulates everything that is special about the winter holiday season.  There are the lights, the food, the family, and the nostalgia of being a kid at Christmas.  Now that I have a family of my own, seeing this special season through the eyes of my own children makes it all feel that much more real and special. However, for many divorced or divorcing parents the winter break is a difficult time.  In this blog I want to address a couple common issues that divorcing parents face and with them provide some advice for enjoying the holidays in spite of the difficulties of a divorce. Continue reading

Change is a big part of any divorce. When you have children, dealing with change can be one of the most difficult parts of the divorce.  No matter how many times people tell you that “kids are resilient and everything will be okay” it doesn’t make it any easier.  The truth is, most kids handle divorce well especially when their parents are able to successfully co-parent.  Nonetheless, there is one change that no amount of co-parenting can make easier.  That is changing schools.  Most families only have one residence which means that at least one parent will need to find a new home.   If that new home happens to be in the same neighborhood as the former family residence, then changing schools should not be an issue.  More often than not however, one parent moves to a residence that is zoned for a different school than the children currently attend.

So what do you do? Continue reading

If you have children and are currently going through the divorce process or have been recently divorced, you have probably already realized that the holidays as you’ve come to know them will be different from now on. The Thanksgiving holiday, as family-centered as it is, is one of the most difficult holidays to get through if you are just getting used to this idea.  What follows is a brief overview of custody issues during the holidays and some tips on getting through the Thanksgiving holiday this year. Continue reading

Child support in California can be very complicated and the changed circumstances rule is one of the reasons why. The changed circumstances rule requires a court to deny a request to modify child support if the court determines that there was no material change in circumstances since the time the last child support order was made.

First, let’s go over some basics. California, like every other state, is required to have a Guideline formula to determine what the proper amount of support should be. The Court is required to follow the Guideline, absent a few very narrowly construed exceptions (See Family Code section 4059). If a child support order is determined to be “above Guideline,” i.e. more than what the formula would provide, that child support order cannot be subsequently changed unless there has been a material change of circumstances. However, if a child support order is determined to be “below guideline,” no change of circumstances is required to increase that order to a Guideline order. Continue reading

There are few things that can affect a parent emotionally like discovering that the other parent has removed their child from California and filed a restraining order in another state. The California legal system is difficult enough to navigate. Having to deal with another state’s legal system can make this process even more daunting.

Generally, the system of laws between states is designed to prevent a spouse who removes a child to another state from having a litigation advantage, even when they file a restraining order. This is because every state’s laws (except Massachusetts) is based on a uniform law called the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). Continue reading