What Is a Subpoena and Do I Need One in My California Divorce or My Child or Spousal Support Matter?

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In my California family-law practice, I regularly receive calls from people desperate to find evidence to prepare for (or defend against) their California family-law legal matter.  The legal issues usually relate to division of assets and debts, child support and/or spousal support motions or modification of child support and/or spousal support orders.  Do any of the following statements relate to your case? Continue reading

How to Introduce Texts and Emails to a California Judge in Divorce, Contested Custody and Domestic Violence Cases—and Minimize Conflict Between the Parties

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In my California family-law practice, helping clients deal with contested custody cases and domestic-violence issues is common-place.  On the other hand, helping my clients manage and keep conflict to a minimum is a completely different story. In high-conflict cases, such as domestic-violence cases or contested custody cases, the underlying components that prevent the parties from effectively communicating with one another are anger, animosity and sometimes, dare it say it, hate.  As attorneys, we are limited as to what we can do to minimize the conflict and combustion that takes place between the parties behind the scenes of their court case.  For example, in high-conflict custody cases, it’s common, if not typical, for parents to text each other throughout the day, almost to the point of harassment, interweaving nasty accusations and abusive statements in connection with a simple gesture such as mom picking up Little Jimmy at daycare; or, a restrained party violating CLETS restraining orders and continuing to text the protected person.    Sound familiar? Continue reading

The Two White Elephants in Almost Every Child Custody Case

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I would be filthy rich if I were given a dime for every time I was asked two questions: 1) How long is my child custody case going to take; and 2) How much is my child custody case going to cost me.  My answer two these two questions have always been and will always be: “I don’t know.”

Only by acknowledging the White Elephants in a custody case can one better grasp how long and how much their custody case will cost.  Make a cup of tea or coffee and continue reading. This blog article just might save you thousands of dollars in legal fees and therapy bills! Continue reading

Child Custody— California Courts Consideration in Making Custody Awards —Part 7: Existing Restraining Orders

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This is the seventh and final entry in my seven-part blog series entitled “California Court’s Consideration in Making Custody Awards.”  As stated in Parts 1, 2, 3, 4, 5, and 6,  I am writing this series due to the number of emails and calls I receive in my California Family Law Practice on a weekly basis from concerned parents regarding their California custody cases. It’s my hope to help shed a little light on this issue so that my reader is better able to navigate his/her way in the California legal system regarding their custody case.  Part 7 focuses on issues relating to existing restraining orders—a look at this issue from the court’s perspective. This issue, and many others, are factors a California judge will look at when making a determining on custody. Continue reading

Child Custody— California Courts Consideration in Making Custody Awards —Part 6: Crimes of Parents: Parent is a Registered Sex Offender (or Person Convicted of Child Abuse) or Rapist

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This is the sixth entry in my 7-part blog series entitled “California Court’s Consideration in Making Custody Awards.”  As stated in Parts 1, 2, 3, 4 and 5,  I am writing this series due to the number of emails and calls I receive in my California Family Law Practice on a weekly basis from concerned parents regarding their California custody cases. It’s my hope to help shed a little light on this issue so that my reader is better able to navigate his/her way in the California legal system regarding their custody case.  Part 6 focuses on issues relating to crimes of parents such as when a parent  is a registered sex offender or person convicted of child abuse or convicted of rape—a look at this issue from the court’s perspective. This issue, and many others, are factors a California family-law judge will look at when making a determination on custody. Continue reading

Child Custody— California Courts Consideration in Making Custody Awards —Part 5: A Child’s Preference

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This is the 5th  entry in my 7-part blog series “California Court’s Consideration in Making Custody Awards.”  As stated in Parts 1,  2, 3, and 4,  I am writing this series due to the number of emails and calls I receive in my California  Family Law Practice on a weekly basis from concerned parents regarding their custody cases. It’s my hope to help shed a little light on this issue so that my reader is better able to navigate his/her way in the California legal system regarding their custody case.  Part 5 focuses on issues relating to A Child’s Preference—from the court’s perspective. This issue, and with many others, are factors a California family-law judge will look at when making a determining on custody and visitation. Continue reading

Child Custody— California Courts Consideration in Making Custody Awards —Part 4: Parent’s Gender

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This is the fourth entry in my blog series “California Court’s Consideration in Making Custody Awards.”  As stated in Parts 1, 2 and 3,  I am writing this series due to the number of emails and calls I receive on a weekly basis in my California Family Law Practice from California concerned parents regarding custody cases. It’s my hope to help shed a little light on this issue so that my reader is better able to navigate his/her way in the California legal system regarding their custody case.  Part 4 focuses on issues relating to Parent’s Gender—from the court’s perspective. This issue, and many others, are factors a California family-law judge will look at when making a determining on custody. Continue reading

Child Custody— California Courts Consideration in Making Custody Awards —Part 3: Contact With Parents and Siblings, and Use of Controlled Substances or Alcohol

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This is the third entry in my blog series “California Court’s Consideration in Making Custody Awards.”  As stated in Parts 1 and 2, (links) I am writing this series due to the number of emails and calls I receive in my California Family Law Practice on a weekly basis from California parents regarding custody cases. It’s my hope to help shed a little light on this issue so that my reader is better able to navigate his/her way in the legal system regarding their custody case. This blog focuses on issues relating to Contact With Parents and Siblings, and Use of Controlled Substances or Alcohol. These issues, and many others, are factors a California family-law judge will look at when making a determining on custody. Continue reading

Child Custody—“Best Interest of the Child” Standard—Part 2: Abuse & Domestic Violence

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This is the second entry in my blog series entitled “California Court’s Consideration in Making Custody Awards.”   As stated in Part 1, I am writing this series due to the number of emails and calls I receive on a weekly basis from California parents regarding their custody cases. It’s my hope to help shed a little light on this contentious issue so that my reader is better able to navigate his/her way in the legal system regarding their custody case and increase their chances of winning in court. This blog post focuses on abuse and domestic violence as it relates to the “Best Interests of the Child” Standard. Continue reading

Child Custody—California Courts Consideration in Making Custody Awards—Part 1: “Best Interest of the Child” Standard— Child’s Health, Safety & Welfare

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In my California family-law practice, I receive no less than approximately 20 calls and emails per week from concerned parents regarding  custody matters.  Invariably, father or mother is concerned that the other  parent is seeking full physical and/or full legal custody of their child; thus, feeling at risk of being deprived or at risk of losing their child to the other parent.  Given the number of  people seeking such information, I thought it would be a good idea to write a blog series about the issue of custody and how the California legal system determines the outcome of such legal requests.  Hopefully, this will help give you some guidance as you proceed in navigating your way through the California family legal system. Continue reading

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