Category Archives: Family Law
How To Request a Restraining Order in California
A California Judge can issue a (initially) temporary restraining order upon formal request. A restraining order, be it temporary or permanent, is an official order that prohibits a particular action from another party. A person may seek a temporary or permanent restraining order for a number of valid reasons. Valid restraining orders have been… Read More »
What Does a California Family Lawyer Do?
In California, a family lawyer practices family law – but what does that mean? Family law is a very broad field of law, covering a range of sensitive, personal, and emotional issues that often require expert guidance to navigate smoothly. A family lawyer deals with all matters of domestic-related legal issues, from paternity, child… Read More »
Common Law Marriage and “Palimony” in California
In several states, if a couple lives together for a specific period of time and holds themselves out to the world as a married couple, then the couple may be considered to be legally married in the state. This is true even if the couple never went to the courthouse and completed the legal… Read More »
The Paternity Presumption
In California, there is a “paternity presumption.” The presumption is, in essence, if a woman is married to her husband when she gives birth to a child then the husband is the presumed biological father of the child. The specifics of the presumption is described in California Family Code section 7611. But – what… Read More »
Can Both Parents Claim Their Child on Their Tax Returns?
Raising children is costly, especially for divorced parents. Both California and the federal government offer tax credits to help offset some of these expenses. But what happens when parents live apart? Can both parents claim their child on their tax returns? If you pay child support, do you automatically get to take the tax… Read More »
Do Surrogates Have Parental Rights in California?
Whether surrogate mothers have parental rights in California will depend on the type of surrogacy that was performed, the validity of the surrogacy agreement, and where the agreement takes place. In California, the law distinguishes between two types of surrogacy: “traditional” and “gestational.” Traditional surrogacy: the person carrying the pregnancy is also the biological… Read More »
Understanding Child Custody Rights for Married and Unmarried Parents in California
California law distinguishes between married and unmarried couples and unmarried couples when it comes to child custody decisions. This article provides a brief overview of this intricate legal issue. Who has Custody of a Child Born Outside of Marriage? When a child is born to an unmarried mother, the mother automatically gains custody. In… Read More »
Mediation in California Divorce
Ariana Grande is once again whipping up controversy. In July of 2023, the singer made headlines when she announced she was divorcing her husband and debuted a relationship with her married co-star, Ethan Slater. Then, Mr. Slater subsequently divorced his wife. All of this happened within a matter of days. Adding to the chaos… Read More »
Impact of Dishonesty in Family Law Cases
Because divorce and custody cases deal with the things that are most near and dear to us, it is understandable that these issues see a great number of desperate people making poor decisions. When so much is at stake, fear can drive a person to act in ways they wouldn’t normally do. It is… Read More »
The Role of a Guardian ad Litem in California Divorce and Custody Cases
When a Guardian ad Litem is appointed in a California child custody matter, some roles and powers may shift. This is because the presumption of the court is to assume that a minor child’s parents will pursue the child’s best interests. When a Guardian ad Litem becomes involved, however, it is now that person’s… Read More »
