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
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:
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.
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.
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.
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.
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.
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.
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.
Did you get child custody orders or a decree from another state and then move with your child to California? Do you want to modify custody and are not sure which state has jurisdiction? Of the many family law issues that arise during divorce proceedings and child custody matters, one of the most complicated issues involve the jurisdiction of interstate child custody cases.
When one parent requests permission from the court to move away with the child, the stay behind parent may feel helpless, as if the move will negatively impact his or her relationship with the child. A solid parenting plan may help mitigate that concern by putting into place legal requirements which the move away parent must abide by to ensure the stay behind parent gets adequate time and communication with the child. But, what does such a parenting plan look like, and what factors are considered when creating such a plan?
I’ve heard a number of clients tell me “l’ve had enough of working all day long paying his/her bills while he/she sits at home, why don’t I just quit or take a part-time or minimum wage job to stick it to her/him?” This is an emotional & impulsive response, but why is quitting a job to avoid alimony a truly awful idea? The answer lies in a few powers that the Court has which can make this snap-decision backfire with major consequences.
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