PROVINZIANO BLOG
PROVINZIANO BLOG
Steps for Emergency Custody in California
Sometimes it’s necessary to remove children from a potentially harmful situation – and to do that, you probably need to seek emergency custody. In California, you can seek emergency custody by following a simple series of steps or by asking your attorney to help you...
Divorce Lawyer Beverly Hills
Divorce is tough. In fact, it’s one of the hardest things you’ll ever go through. You need a divorce lawyer in Beverly Hills who understands – and we do.
Child Custody Lawyer
Child custody is one of the most difficult aspects of divorce, but working with a Beverly Hills child custody lawyer can make everything run more smoothly.
What to Expect at an Ex Parte Child Custody Hearing
The experience at an ex parte child custody hearing varies greatly from county to county in California, and even from courtroom to courtroom in the same county. The courts’ approaches fall generally into two formats of how to handle an ex parte emergency child custody matter
3 Things a Parent Needs to Know When the Other Parent Unexpectedly Dies in a Divorced Family
The unfortunate passing of one parent of a minor child is always an occasion for deep sadness and profound loss. As a parent is the main support for a child both emotionally and financially, it can be devastating to the child to lose such a significant person in their life. Here are the 3 main things that you need to know:
CALIFORNIA ALLOWS 3 PARENTS
A new development in family law this last year is the introduction of Family Code section 3040, signed into law by SB 274. This new law states that a child in California can legally have three parents. Child custody cases may now have to include orders for three parents making the process of defining custody even more complicated.
Registering an Out-of-State Custody Order in California
We have had a number of clients come to the firm when something happens with their child’s other parent is not playing by the rules. They realize that they need to enforce a custody order that was made before they moved to California. Although these situations sometimes have a great deal of urgency to them, the good news is that a California court can enforce an out-of-state custody order provided that you “register” the out-of-state order here in California.
The Role of a Minor’s Counsel in a 730 Child Custody Evaluation
When a parent who maintains legal primary child custody in California requests to move away with the child and the stay behind parent opposes the move, the court is likely to require a California Evidence Code 730 Child Custody Evaluation prior to making a determination. A 730 Child Custody Evaluation is a wide-ranging evaluation by an approved mental health professional used to advise and report back to the Court relevant factors under the La Musga case in order to assist the court in making a decision regarding the child’s best interests.
How to Prepare for a Child Custody Move Away Case
Move away cases involving child custody matters are the most challenging cases faced by family law attorneys and judges. The amount of preparation required by the parents prior to the case being presented in court can be overwhelming. Thorough consideration of every angle is paramount to the outcome of the case, as well as the expedience with which the case is processed. Here, we provide an outline of factors to consider when preparing a move away case for court.
3 Ways to Potentially Save Hundreds of Thousands of Dollars in Spousal Support Payments
Spousal support in California can be an extreme burden. The purpose of spousal support is to preserve the marital standard of living. However, under the case of Gavron (which resulted in the “Gavron” warning), it is the public policy of the State of California that all former spouses need to be self-supporting. What do you do when an ex-spouse simply refuses to get a job? This can often be used as a way to continue to siphon money long after a marriage is over. There are three powerful strategies utilized by the Provinziano & Associates team in the past to successfully get spousal support reduced to zero.
Preparing for the Interview with a 730 Child Custody Evaluator
In California, 730 Child Custody Evaluations have become commonplace in helping the courts determine what is in the best interest of the child. A 730 evaluation is an in-depth analysis of the family and the member’s relationships with one another. Among other actions, the 730 evaluator conducts interviews with the child, as well as significant adults in the child’s life, including the parents and stepparents. Additional psychological testing may be used to provide supplementary information that cannot be gleaned from interviews.
What is the Marital Standard of Living and Why Does It Matter?
The Court has a statutory list of 14 factors to consider in making orders for spousal support. Three of those factors directly refer to the marital standard of living. Specifically, the Court needs to consider (1) the earning ability or each party, (2) the ability of each party to pay support and (3) the needs of each party through the lens of the marital standard of living.
Get Started with a Free Consultation
Taking action with the right team by your side is critical to the success of your case. Get started with your free Case Evaluation.