There is a legal presumption that a parent who commits domestic violence should not have custody of a minor child. However, this presumption can be rebutted. Rebutting a presumption means disproving the underlying fact that supports the presumption. In cases involving domestic violence, the presumption is that a parent who commits domestic violence is unfit […]
If a parent has been found to have committed domestic violence against any of the following individuals, there is a legal presumption that the perpetrating parent should not have legal or physical custody: Under California law, when a court issues a custody and visitation order, it must consider what is in the child’s best interest. […]
This situation occurs more often than many people realize. To clarify, Child Protective Services (CPS) does not remove children from their homes simply because a parent is a victim of domestic violence. Rather, CPS intervenes when children have likely been exposed to domestic violence in some way. Such exposure can be emotionally, and possibly physically, […]
Adverse Childhood Experiences (ACEs) are traumatic incidents experienced during childhood that significantly shape how individuals navigate the world as adults. Some common ACEs include: These experiences can profoundly impact both mental and physical health and are strong predictors of delinquency, poverty, obesity, and other social challenges that people face throughout life. In family court, the […]
In California family law, if a spouse owns property prior to marriage, that property remains their separate property after marriage. If they sell the property, any proceeds from the sale are considered separate property, even if the sale occurs during the marriage. Additionally, if the property generates rental income, that income is the spouse’s separate […]
Arbitration is sometimes a more effective alternative to court action for family disputes. Using alternative dispute resolution approaches, such as arbitration might help resolve problems that a family court judge would otherwise handle. Instead of having to appear in court, spouses or ex-spouses may utilize the arbitration procedure. Many individuals feel that less adversarial outcomes […]
If you're a parent going through a divorce, you may wonder what kind of custody arrangement is best for your children. One option you may consider is residential custody, but you may not be sure what that entails. So, Are Residential and Sole Custody the Same? The short answer is no. Residential custody, also known […]
When you're seeking custody of your children, there's more to it than just filing papers. You need an experienced lawyer on your side to make sure you understand all the legal jargon and know the next steps to take that will be in your best interest. There are different custody; you should know the difference […]
You've likely come across the phrase "contempt of court" on your preferred legal drama or daytime judge program. It's an important legal issue, and it's important to be aware of what it entails. When someone faces contempt, their behavior has been deemed disrespectful in court, and they have deliberately defied court orders. In general, contempt […]
Dog Custody Lawyers Might be the Answer Whether you're getting a divorce or simply moving out of your current home, one of the most difficult decisions to make is what to do with your dogs. In California, there are a few things to consider when it comes to the custody of dogs. Here's what you […]
