Call Today!

626.788.9864

Recent Posts in Family Law Category

  • Who is the new judicial officer in Department B in the Pomona courthouse?

    As of August 2016, we have a new judicial officer for family law at the Pomona courthouse. Judge John Slawson is the newest addition to the Pomona courthouse. Judge Slawson previously was a family law judge at the Torrance courthouse. Judge Slawson takes the bench at approximately 8:45 am every day. He calls matters that have attorneys 1st which is a great cost-savings for people that hire ...
    Continue Reading
  • When can the Court set aside a fraudulent transfer in a California Family law case?

    In Nautalis vs. Yang, the Fourth District discusses the good faith defense to set aside of a fraudulent transfer. It said that (w)e publish our opinion because of our analysis of the requirements of the good faith defense. Some cases have held that a transferee cannot avail itself of the good faith defense if the transferee had fraudulent intent, colluded with a person who was engaged in a ...
    Continue Reading
  • What are the new developments to Los Angeles County Conciliation Court Agreement for parents to be aware of?

    In Los Angeles County, prior to the Court making orders for Child Custody and Visitation, the parties are required to attend mediation. The proper term for this mediation is Conciliation Court where the parties meet with a MFT to discuss parenting plans in an effort to reach an agreement which is memorialized into a writing and submitted to the Court. The Court has recently inserted language in ...
    Continue Reading
  • Do I need to hire an attorney or can I represent myself in Family Court?

    In People vs. Roa, a Second District Court reversed the trial court’s order committing D indefinitely to the custody of the Department of State Hospitals after a jury found him to be a sexually violent predator under the SVPA. It held that under People v. Sanchez , “the trial court erred by allowing the experts to recite case-specific facts that were not independently proven by admissible ...
    Continue Reading
  • What Is Legal Custody?

    Legal Custody is defined as the right to make certain decisions regarding the parties= minor children as well as the obligation to share certain information with the other parent. As with physical custody, there are two types of Legal Custody (Sole & Joint). Common decisions that are involved with Legal Custody include, but are not limited to the following: 1) Selection of Doctor, Dentist, Mental ...
    Continue Reading
  • If my custody order sets forth that I have "reasonable" or monitored visitation, must I show a change of circumstances to modify my judgment (final order)?

    Often I have clients bring in judgments (paternity or dissolution) setting forth a "reasonable" visitation schedule and informing me that they are having issues with the other parenting in seeing their children. This is typically followed by the question, "What is reasonable?" For whatever reason there is a box on judgment forms that a party can check that says 'reasonable visitation." However, ...
    Continue Reading
  • How do I terminate a guardianship order and have my children returned to me?

    A parent seeking to terminate the guardianship has the burden to show the following in order to terminate the guardianship: a) that the initial basis for ordering the guardianship no longer exists & b) that she or he is fit to resume custody. For example, if a parent lost custody of their children due to a drinking problem that resulted in the injury to their child and guardianship was granted to ...
    Continue Reading
  • Pomona Courthouse Family Law Department: Department D

    Department D of the Pomona courthouse is first courtroom as you exist the elevator. As with the other departments, they may or may not open their doors at 8:30 a.m. Often if there are large lines of people outside waiting to get in the building, all of the courtrooms tend to open later. Commissioner Rocky L. Crabb is the judicial officer assigned to Department D. You must check in with the Bailiff ...
    Continue Reading
  • Pomona Courthouse Family Law Department: Department C

    Department C of the Pomona courthouse is located in the middle of the hallway. As with the other departments, they may or may not open their doors at 8:30 a.m. Often if there are large lines of people outside waiting to get in the building, all of the courtrooms tend to open later. Commissioner Christian is the judicial officer assigned to Department C. Before you enter the courtroom, make sure ...
    Continue Reading
  • Pomona Courthouse Family Law Department Updates

    There have been some changes at the Pomona courthouse Family Law department in the last few years so I will be posting individual updates on each of the three Family Law judicial officers for 2017 as well as providing an overview of the Pomona courthouse in general. The Pomona courthouse is located at 400 Civic Center Plaza Pomona, Ca 91766. Parking is available across the street for $8.00 or you ...
    Continue Reading
  • What Are Some of the Factors the Court Considers in Deciding Whether I Can Move Away With My Child?

    Move away in this context means that the current parenting schedule (if you have one), is no longer practical for the parties based on the distance between the respective homes. With this definition in mind, some of the considerations are as follows: A. The Court must consider whether the planned move is consistent with the child's best interest or whether the child would be otherwise prejudiced. ...
    Continue Reading
  • Determining the Date of Separation

    How does the Court currently determine the date of separation in a California family law action? A recent case came down that drastically changed the criteria for determining what the appropriate date of separation is. Previously, had parties objectively acted in such a way that showed others that they were living separate and apart (opening separate bank accounts, filing separate tax returns ...
    Continue Reading
  • Restricting Visitation Because of Child Support

    The other parent is either not paying or is always late on paying their child support, do I have to allow him or her to visit my child? Yes. The right of child visitation cannot be expressly conditioned on the other parent's timely payment of support. The appropriate remedy for non-payment or late payment of child support is to either bring a contempt action, obtain a wage assignment or to enlist ...
    Continue Reading
  • Child Concealment & Child Support

    Can I limit or restrict my child support obligation as a means to enforce my visitation rights with my child? The answer to this question rests on whether the child is secreted/hidden until the age of majority or ends before that time. The Court found in IRMO Comer (1996) 14 Cal.4th 504 that a custodial parent's concealment of the child is not a defense to the collection of child support arrears ...
    Continue Reading
  • Child Support and Enforcing Visitation

    The other parent is interfering with my visitation. May I withhold child support to get him or her to comply with the existing visitation order? No. Absent providing actual evidence of concealment, you may not withhold the payment of child support to the other parent. For example, if the other parent is frequently late to the exchanges or doesn't permit visitation at all, your appropriate remedy ...
    Continue Reading
  • Spousal Support & Visitation Rights

    Can I stop paying my spousal support if the other parent denies me visitation with my children? The Court has found that the deliberate rust ration of the other parent's visitation rights may be the basis for the termination of spousal support payments by the con-custodial parent. An example of this frustration includes, but is not limited to, the custodial parent moving out of state and secreting ...
    Continue Reading
  • The Rights of the Natural Parents After an Adoption

    If my child is adopted, what are my rights as a natural mother or father? Visitation rights of a child's parents or former relatives are automatically terminated by the adoption of a child by a step-parent. However, the former grandparent of adopted child may still bring an action for visitation with the child over the objection of a natural parent and the new adoptive parent. The above only ...
    Continue Reading
  • Previous Guardians and Visitation Rights

    I was previously a guardian of a child, but the parent has regained custody of the child. Do I have any rights to visitation with the child? Yes. The Court may grant visitation rights to former legal guardians of children. The visitation is normally reasonable and the Court must make a determination that the visitation is in the child's best interest. In addition, there must not be a pending ...
    Continue Reading
  • Visitation Time and Deployment

    If my son/daughter is being deployed, can I exercise their visitation time on their behalf? This is a common occurrence as our armed services rotates troops and support staff around the country. The relocation of military personal normally requires a parent move a substantial from his or her primary residence and has a material effect on their ability to visit their child. The good news is that ...
    Continue Reading
  • Grandparents' Visitation Rights

    If my son or daughter dies and their spouse is denying me visitation to my grandchildren, do I have any rights? Generally, the Court is required to presume that the surviving parent's determination regarding visitation for the grandparents is in the child(ren)'s best interest. However, sometimes there is hard feelings between the surviving parent and the grandparents and the surviving parent may ...
    Continue Reading
  • Changing the Name of Your Child

    In a California paternity case, can the father asked to have the surname (last name) of the child? Whether the Court will change a child's last name or not depends on various factors that I will set forth in a moment. To be clear, fathers do not have a "primary right" to have the child bear his surname. Now the factors considered by the Court include: The length of time a child has used a ...
    Continue Reading
  • Sexual Orientation & Child Custody

    How does a parent's sexual orientation or behavior impact a California child custody order? Whether a parent is heterosexual, homosexual, bi-sexual, transgender, or unknown/changing orientation, the Court will not involve itself in imposing its views on the parents regarding the parent's sexual preference. In addition, the Court will not disqualify a parent from obtaining a custody when that ...
    Continue Reading
  • Factors Considered by the Court When Evaluating a Child's Environment

    What factors do the Court consider in determine the stability of a child's environment? A common outcome in the early stages of child custody proceedings is that the Court is very inclined to maintain the status quo. That is, if the parties, prior to separation or litigation, have an established parenting plan, the Court will likely adopt that plan (with exception) as a temporary order pending ...
    Continue Reading
  • Afraid of Going Back to Court for a Modification Order?

    The other parent keeps threatening to take me back to Court, what can I do to minimize or prevent this from happening? Often times I have clients provide with a mediation agreement or an Order After Hearing telling me they thought the case was done and that the orders they had were permanent orders. This is not the case. In fact, these initial orders are referred to as temporary orders that are ...
    Continue Reading
  • A Parent's Religion and Determining Child Custody

    Does my religious belief have any impact on my custody or visitation rights in a California child custody case? The issue comes up from time to time when one parent insists on having every Sunday so that they may take their children to his or her religious services. The Court will not make these types of orders nor will they evaluate one parent's religious belief over the other parent's belief. ...
    Continue Reading
Page 1 of 2