Articles Posted in Technology in Family Law

Did you know in shutterstock_129857873the state of California, you do not need to be genetically related to a child for a Court to find you to be the child’s parent and issue orders for you to pay financial support of the child?

It’s true! And it can occur under the following circumstances:

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Going through a divorce is one of the most stressful events a person may go through during their  lifetime.  Emotions run high, finances, which may have already been an area filled with worry and stress, may become even more so, mental health suffers, and the process may feel endless.

One of the biggest adjustments after spouses separate is the change in the family’s dynamics.  For many, this means learning how to co-parent.  Courts want parties to co-parent their children and often order parties to participate and complete parenting and/or co-parenting courses. Studies have shown parents who effectively learn to co-parent their children have an increased ability to protect their children from the negative effects of the dissolution process, including any parental discourse. Continue reading

On August 24, 2015, the San Diego Superior Court began an Imaging Program in the Family Court designed to reduce paper filings and storage and facilitate electronic access to Family Court files. There have been questions relating to how certain procedures differ in imaged cases. This blog post is intended to answer these questions.

What do you mean by an “imaged” case?

Imaged cases are Family Court cases (including Family Support Division cases) where the official record of the Court is imaged and stored electronically. This includes all Family Court cases (including Family Support Division cases) initiated on or after August 24, 2015.

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Most 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

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

Many people understand that, generally, confidential communications between a person and his or her attorney are protected by an evidentiary privilege called the attorney-client privilege. Evidence Code section 950-962 lays out in detail how the privilege works.

What this means is that if a party or attorney wanted to know the substance of a confidential communication between the other party and that party’s attorney, an objection of attorney-client privilege can be raised and the Court should sustain that objection (i.e. grant the request).

Only “confidential communications” are subject to the privilege and what defines a “confidential communication” has been up for debate. Certainly, there is a case that everyone should know about and those cases are the focus of this blog post. It turns out there are probably countless people sending communications to their attorneys thinking they are confidential when they are really not!

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Online dating is everywhere these days. As I hear more and more stories from friends and family members who meeting their significant others online; I receive a wedding invitation for my college roommate’s wedding to a man she met online; and my TV becomes increasingly flooded with eHarmony and Match.com commercials; it is inescapable! And, I don’t doubt that you have experienced the same or similar things I have. Although online dating intrigues me on many levels, as a divorce attorney, I can’t help but wonder what, if any, impact the rise of online dating in our society has had on marriages and divorces today.

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No, Sherri Shepherd’s case is not in being heard in California, but that does not make the facts of her legal battle any less intriguing to us California divorce lawyers. It has certainly left me hypothecating as to what the outcome of her widely-publicized parentage and support battle might be under California law. Although a Pennsylvania trial court ruled last year that Shepherd was legally responsible for a child born to a surrogate after her divorce from ex-husband Lamar Sally, the legal battle may not be over for the parties. The case has hit the media again since news recently broke that Shepherd is appealing the trial court’s decision.

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In my previous blog, I raised several questions that you need to discuss with you attorney before you make a request for the party to be drug tested. In this blog I will answer these questions and provide some ideas to assist in deciding whether they are important in your case.

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The abuse of alcohol and/or drugs by a parent can have an enormous impact on their children’s lives. That impact can range from the irrational or angry behavior of a parent under the influence, exposure to drugs or drug use, or safety concerns related to a parent who is under the influence and caring for the children.

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